senate Bill S4804A

Relates to increasing the length of the term of senate members and imposing term limits on all members of the legislature

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Apr / 2013
    • REFERRED TO JUDICIARY
  • 14 / May / 2013
    • AMEND AND RECOMMIT TO JUDICIARY
  • 14 / May / 2013
    • PRINT NUMBER 4804A
  • 04 / Jun / 2013
    • TO ATTORNEY-GENERAL FOR OPINION
  • 18 / Jun / 2013
    • OPINION REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 13 / Jan / 2014
    • TO ATTORNEY-GENERAL FOR OPINION
  • 11 / Feb / 2014
    • OPINION REFERRED TO JUDICIARY

Summary

Relates to increasing the length of the term of senate members to four years and imposing term limits on all members of the legislature of sixteen years.

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Bill Details

Versions:
S4804
S4804A
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 ยง2, Constn

Sponsor Memo

BILL NUMBER:S4804A

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 2 of article 3 of the constitution,
in relation to increasing the terms of office of members of the senate
and limiting the terms of office of members of the legislature

PURPOSE:

To ensure that the legislature acts on the authority of the people
rather than for the accumulation of power and to encourage public
officials to serve the common good rather than their own self
interest.

SUMMARY OF PROVISIONS:

The bill changes the terms of State Senators and members of the
Assembly as of 2016. A term of a State Senator would increase from two
to four years. The bill sets forth that no members of the legislature
shall serve for more than 16 years in either house of the legislature
or combined service in both houses, except if the member is serving
out a term for which they were elected that began before the 16th year
of service.

EXISTING LAW:

Under the State Constitution, members of the Senate and Assembly may
serve an unlimited number of two-year terms.

JUSTIFICATION:

The work of the legislature is to represent the people. It is in the
interest of the people that we limit the length of service to prevent
public officials from accumulating too much power. Over the last
several years, many entrenched members of the executive and
legislative branches have been convicted of corruption related crimes.
As of 2013, 46 members of the Assembly or 31% of the body have served
for more than 12 years. In the Senate, 20 members or 32% of the body
have served for more than 12 years. This bill will encourage public
officials to be people of authority rather than people of power and
ensure public service for the State of New York.

LEGISLATIVE HISTORY:

Fifteen states in the nation currently have some form of legislative
term limits. Two thirds of the states that have legislative term
limits have higher rankings for integrity than New York. For example,
California limits the number of terms the legislature may serve.
According to the State Integrity investigation, California currently
has the 4th highest Integrity Score in the nation while New York ranks
37th.

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:


None

EFFECTIVE DATE:

Immediately following the 2016 elections.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4804--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 2 of article 3 of the constitution, in
  relation  to  increasing  the terms of office of members of the senate
  and limiting the terms of office of members of the legislature

  Section 1. Resolved (if the Assembly concur), That section 2 of  arti-
cle 3 of the constitution be amended to read as follows:
  S  2. The senate shall consist of fifty members, except as hereinafter
provided. The senators [elected in the year one thousand  eight  hundred
and  ninety-five  shall  hold  their  offices for three years, and their
successors] shall be [chosen] ELECTED for TERMS OF two  years;  PROVIDED
THAT SENATORS ELECTED IN THE YEAR TWO THOUSAND SIXTEEN AND IN SUBSEQUENT
YEARS  SHALL  HOLD  THEIR  OFFICES  FOR  FOUR  YEARS. The assembly shall
consist of one hundred and fifty members. The assembly  members  elected
in  the  year  one  thousand  nine  hundred  and thirty-eight, and their
successors, shall be chosen for two years.
  NO MEMBER OF THE LEGISLATURE SHALL SERVE IN OFFICE IN EITHER HOUSE FOR
MORE THAN A TOTAL OF SIXTEEN YEARS, WHICH SHALL INCLUDE TERMS SERVED  IN
EITHER  OR  BOTH  HOUSES;  PROVIDED THAT A MEMBER MAY COMPLETE A TERM OF
OFFICE TO WHICH THEY WERE ELECTED PRIOR TO  THE  COMMENCEMENT  OF  THEIR
SIXTEENTH YEAR OF SERVICE.
  S  2.  Resolved  (if  the Assembly concur), That the provisions of the
foregoing amendments shall apply only  to  terms  of  office  commencing
after  such  amendments shall have been adopted pursuant to section 1 of
article 19 of the constitution.
  S 3. Resolved (if the Assembly concur), That the foregoing  amendments
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of  members of the assembly, and in
conformity with  section  1  of  article  19  of  the  constitution,  be
published three months previous to the time of such election.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89120-03-3

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