Senate Bill S1536

2009-2010 Legislative Session

Relates to requiring voter approval for the abolition or modification of term limits for certain elected offices

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2010	notice of committee consideration - withdrawn
May 03, 2010	notice of committee consideration - requested
Feb 18, 2010	print number 1536c
Feb 18, 2010	amend and recommit to elections
Jan 06, 2010	referred to elections
Jun 11, 2009	print number 1536b
Jun 11, 2009	amend and recommit to finance
Mar 10, 2009	committed to finance 1st report cal.101
Feb 18, 2009	print number 1536a
Feb 18, 2009	amend and recommit to elections
Feb 02, 2009	referred to elections

Bill Amendments

Original

C (Active)

2009-S1536 - Details

Current Committee:: Senate Elections
Laws Affected:: Add §1-108, El L
Versions Introduced in 2011-2012 Legislative Session:: S1730

2009-S1536 - Summary

Requires voter approval for the abolition or modification of term limits for certain elected offices; requires resolution of local legislative body followed by a voter referendum; sets procedures.

2009-S1536 - Sponsor Memo

                                 BILL NUMBER:  S1536

 TITLE OF BILL :

An act to amend the election law, in relation to requiring voter
approval for the abolition or modification of term limits for certain
elected offices


 SUMMARY OF PROVISIONS :

The bill will add a new Section 1-108 to the Election Law to require
that in any political subdivision where the term of office of an
elected official has been limited by referendum, the legislative body
with jurisdiction over the term limited elected office may adopt a
resolution to abolish or modify the term limit and such resolution
shall be submitted to the appropriate qualified electors.

The resolution shall be adopted by the appropriate legislative body at
least ninety days prior to the date of the referendum required by this
legislation. No such resolution shall become effective until approved
by the affirmative vote of the majority of the electors who
participate in the referendum. The referendum is to be held no later
than the first Tuesday of March in the year the general election is
scheduled for the term limited office.

This law will apply to any elected office in any county, municipality,
town, village or political subdivision, except judges or justices of
the unified court system.

 REASONS FOR SUPPORT :

Term limits, particularly with respect to the legislative branch,
artificially restrict voter choice and dilute representative
democracy.  However, where the public has participated in the
referendum process, a legitimate expectation exists that their opinion
as expressed in the outcome of the referendum will be respected. That
expectation is particularly justified when the referendum concerns the
term of office of individuals elected to represent the people.

In this circumstance, even where one conceptually disagrees with term
limits, the most appropriate mechanism to change the law is to revisit
the issue with the public in a referendum. Otherwise, the integrity of
our democracy is undermined, particularly when elected officials who
are self-interested in the outcome overturn the expressed will of the
voters.

Recently, we have witnessed the corrosive impact that such a
legislative maneuver can have on the democratic process in New York
City. In 1993 and 1996, New York City residents voted by referendum to
limit the tenure of municipal officeholders to two terms, or a total
of eight years. Not only did the public express its support for term
limits twice, it did so in considerable fashion.

Nevertheless, in direct contravention of the public will, the New York
City Council passed legislation extending the term limits of municipal
officeholders to a total of twelve years. The voters, understandably,
reacted with outrage and felt relegated to the sidelines of the public
square even though their opinions had been clearly expressed on two
occasions.

The state legislature functions as the custodians of the electoral
system administered in New York. Accordingly, we are charged with the
responsibility of protecting the integrity of the democratic process,
and the will of residents who elect their representatives.

In this capacity, it is appropriate to enact a statewide law that
respects the public referendum process on the issue of term limits, in
any municipality, county, town or village throughout the state,
including Syracuse and New York City. Ultimately, maintaining the
public's confidence in the legitimacy of our representative democracy
requires no less.

 PRIOR LEGISLATIVE HISTORY :

New bill.

2009-S1536 - Bill Text download pdf

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

                                  1536

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  PARKER,  HUNTLEY, KLEIN, ONORATO, SAMPSON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Elections

AN  ACT  to  amend  the  election  law,  in  relation to requiring voter
  approval for the abolition or modification of term limits for  certain
  elected offices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The election law is amended by adding a new  section  1-108
to read as follows:
  S 1-108. VOTER APPROVAL FOR MODIFICATION OF TERM LIMITS. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE TERM OF OFFICE
OF  AN  ELECTED  OFFICIAL  HAS BEEN LIMITED BY REFERENDUM OR PROPOSITION
(HEREINAFTER, "REFERENDUM"), THE LEGISLATIVE BODY WHICH HAS CONTROL OVER
THE TERM LIMITED ELECTED OFFICIAL MAY ADOPT A RESOLUTION TO  ABOLISH  OR
MODIFY  THE TERM LIMIT OF AN ELECTED OFFICE AND SUCH RESOLUTION SHALL BE
SUBMITTED TO THE APPROPRIATE QUALIFIED ELECTORS FOR  THEIR  APPROVAL  OR
DISAPPROVAL  AT  A  REGULAR  OR  SPECIAL  ELECTION (HEREINAFTER, "SECOND
REFERENDUM").   SUCH RESOLUTION SHALL  BE  ADOPTED  BY  THE  APPROPRIATE
LEGISLATIVE  BODY AT LEAST NINETY DAYS PRIOR TO THE DATE THAT THE SECOND
REFERENDUM IS CONDUCTED.   NO SUCH  RESOLUTION  SHALL  BECOME  EFFECTIVE
UNTIL APPROVED BY THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE  APPROPRI-
ATE  QUALIFIED  ELECTORS  VOTING  ON  SUCH SECOND REFERENDUM.   A SECOND
REFERENDUM SHALL ALSO BE REQUIRED WHERE, PRIOR TO THE EFFECTIVE DATE  OF
THIS  SECTION, A TERM LIMITATION ON ELECTED OFFICE HAS BEEN ABOLISHED OR
MODIFIED LEGISLATIVELY, PROVIDED  THAT  THE  TERM  OF  OFFICE  HAD  BEEN
ORIGINALLY  LIMITED  BY REFERENDUM.   THE VOTE ON SUCH SECOND REFERENDUM
SHALL BE CONDUCTED PURSUANT TO THE RULES AND REGULATIONS  OF  THE  STATE
BOARD OF ELECTIONS; PROVIDED THAT SUCH VOTE SHALL BE TAKEN NO LATER THAN
THE  FIRST  TUESDAY IN MARCH IN THE SAME YEAR THAT A GENERAL ELECTION IS
SCHEDULED TO BE HELD FOR THE OFFICE SUBJECT TO TERM LIMIT  MODIFICATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03701-01-9

S. 1536                             2

IF THE APPROPRIATE LEGISLATIVE BODY SHALL HAVE ADOPTED SUCH A RESOLUTION
AND  IF  A MAJORITY OF THE VOTES CAST ON ANY SUCH SECOND REFERENDUM WHEN
SUBMITTED AS PROVIDED IN THIS SECTION SHALL BE IN THE  AFFIRMATIVE,  THE
TERMS OF OFFICE OF THOSE ELECTED OFFICERS INCLUDED IN SUCH SECOND REFER-
ENDUM  AND THEREAFTER ELECTED SHALL BE AS PROVIDED IN SUCH SECOND REFER-
ENDUM.  THIS SECTION SHALL SUPERSEDE ANY OTHER STATE LAW OR  REGULATION,
CITY  CHARTER  OR  POLITICAL  SUBDIVISION LAW, RULE, REGULATION, CODE OR
ORDINANCE TO THE CONTRARY. FOR THE PURPOSES OF THIS  SECTION  THE  TERMS
"ELECTED  OFFICIAL"  AND "ELECTED OFFICE" SHALL MEAN AN ELECTED OFFICIAL
OR ELECTED OFFICE OF ANY COUNTY, CITY, MUNICIPALITY,  TOWN,  VILLAGE  OR
POLITICAL  SUBDIVISION,  EXCEPT  JUDGES OR JUSTICES OF THE UNIFIED COURT
SYSTEM.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after October 1, 2008.

co-Sponsors

2009-S1536A - Details

Current Committee:: Senate Elections
Laws Affected:: Add §1-108, El L
Versions Introduced in 2011-2012 Legislative Session:: S1730

2009-S1536A - Summary

Requires voter approval for the abolition or modification of term limits for certain elected offices; requires resolution of local legislative body followed by a voter referendum; sets procedures.

2009-S1536A - Sponsor Memo

                                 BILL NUMBER:  S1536A

 TITLE OF BILL :

An act to amend the election law, in relation to requiring voter
approval for the abolition or modification of term limits for certain
elected offices


 SUMMARY OF PROVISIONS :

The bill will add a new Section 1-108 to the Election Law to require
that in any political subdivision where the term of office of an
elected official has been limited by referendum, the legislative body
with jurisdiction over the term limited elected office may adopt a
resolution to abolish or modify the term limit and such resolution
shall be submitted to the appropriate qualified electors.

The resolution shall be adopted by the appropriate legislative body at
least ninety days prior to the date of the referendum required by this
legislation. No such resolution shall become effective until approved
by the affirmative vote of the majority of the electors who
participate in the referendum. The referendum is to be held no later
than the first Tuesday of May in the year the general election is
scheduled for the term limited office.

This law will apply to any elected office in any county, municipality,
town, village or political subdivision, except judges or justices of
the unified court system.

 REASONS FOR SUPPORT :

Term limits, particularly with respect to the legislative branch,
artificially restrict voter choice and dilute representative
democracy.  However, where the public has participated in the
referendum process, a legitimate expectation exists that their opinion
as expressed in the outcome of the referendum will be respected. That
expectation is particularly justified when the referendum concerns the
term of office of individuals elected to represent the people.

In this circumstance, even where one conceptually disagrees with term
limits, the most appropriate mechanism to change the law is to revisit
the issue with the public in a referendum. Otherwise, the integrity of
our democracy is undermined, particularly when elected officials who
are self-interested in the outcome overturn the expressed will of the
voters.

Recently, we have witnessed the corrosive impact that such a
legislative maneuver can have on the democratic process in New York
City. In 1993 and 1996, New York City residents voted by referendum to
limit the tenure of municipal officeholders to two terms, or a total
of eight years. Not only did the public express its support for term
limits twice, it did so in considerable fashion.

Nevertheless, in direct contravention of the public will, the New York
City Council passed legislation extending the term limits of municipal
officeholders to a reacted with outrage square even though occasions.

The state legislature functions as the custodians of the system
administered in New York. Accordingly, we are charged responsibility
of protecting the integrity of the democratic and the will of
residents who elect their representatives.

In this capacity, it is appropriate to enact a statewide law that
respects the public referendum process on the issue of term limits, in
any municipality, county, town or village throughout the state,
including Syracuse and New York City. Ultimately, maintaining the
public's confidence in the legitimacy of our representative democracy
requires no less.

 PRIOR LEGISLATIVE HISTORY :

New bill.

2009-S1536A - Bill Text download pdf

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

                                 1536--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  PARKER,  HUNTLEY, KLEIN, ONORATO, SAMPSON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Elections -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend  the  election  law,  in  relation  to  requiring  voter
  approval  for the abolition or modification of term limits for certain
  elected offices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The election law is amended by adding a new section 1-108
to read as follows:
  S 1-108. VOTER APPROVAL FOR MODIFICATION OF TERM LIMITS. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE TERM OF OFFICE
OF AN ELECTED OFFICIAL HAS BEEN LIMITED  BY  REFERENDUM  OR  PROPOSITION
(HEREINAFTER, "REFERENDUM"), THE LEGISLATIVE BODY WHICH HAS CONTROL OVER
THE  TERM  LIMITED ELECTED OFFICIAL MAY ADOPT A RESOLUTION TO ABOLISH OR
MODIFY THE TERM LIMIT OF AN ELECTED OFFICE AND SUCH RESOLUTION SHALL  BE
SUBMITTED  TO  THE  APPROPRIATE QUALIFIED ELECTORS FOR THEIR APPROVAL OR
DISAPPROVAL AT A  REGULAR  OR  SPECIAL  ELECTION  (HEREINAFTER,  "SECOND
REFERENDUM").    SUCH  RESOLUTION  SHALL  BE  ADOPTED BY THE APPROPRIATE
LEGISLATIVE BODY AT LEAST NINETY DAYS PRIOR TO THE DATE THAT THE  SECOND
REFERENDUM  IS  CONDUCTED.    NO  SUCH RESOLUTION SHALL BECOME EFFECTIVE
UNTIL APPROVED BY THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE  APPROPRI-
ATE QUALIFIED ELECTORS VOTING ON  SUCH  SECOND  REFERENDUM.    A  SECOND
REFERENDUM  SHALL ALSO BE REQUIRED WHERE, PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, A TERM LIMITATION ON ELECTED OFFICE HAS BEEN ABOLISHED  OR
MODIFIED  LEGISLATIVELY,  PROVIDED  THAT  THE  TERM  OF  OFFICE HAD BEEN
ORIGINALLY LIMITED BY REFERENDUM.  THE VOTE ON  SUCH  SECOND  REFERENDUM
SHALL  BE  CONDUCTED  PURSUANT TO THE RULES AND REGULATIONS OF THE STATE
BOARD OF ELECTIONS; PROVIDED THAT SUCH VOTE SHALL BE TAKEN NO LATER THAN
THE FIRST TUESDAY IN MAY IN THE SAME YEAR THAT  A  GENERAL  ELECTION  IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03701-04-9

S. 1536--A                          2

SCHEDULED  TO BE HELD FOR THE OFFICE SUBJECT TO TERM LIMIT MODIFICATION.
IF THE APPROPRIATE LEGISLATIVE BODY SHALL HAVE ADOPTED SUCH A RESOLUTION
AND IF A MAJORITY OF THE VOTES CAST ON ANY SUCH SECOND  REFERENDUM  WHEN
SUBMITTED  AS  PROVIDED IN THIS SECTION SHALL BE IN THE AFFIRMATIVE, THE
TERMS OF OFFICE OF THOSE ELECTED OFFICERS INCLUDED IN SUCH SECOND REFER-
ENDUM AND THEREAFTER ELECTED SHALL BE AS PROVIDED IN SUCH SECOND  REFER-
ENDUM.   THIS SECTION SHALL SUPERSEDE ANY OTHER STATE LAW OR REGULATION,
CITY CHARTER OR POLITICAL SUBDIVISION LAW,  RULE,  REGULATION,  CODE  OR
ORDINANCE  TO  THE  CONTRARY. FOR THE PURPOSES OF THIS SECTION THE TERMS
"ELECTED OFFICIAL" AND "ELECTED OFFICE" SHALL MEAN AN  ELECTED  OFFICIAL
OR  ELECTED  OFFICE  OF ANY COUNTY, CITY, MUNICIPALITY, TOWN, VILLAGE OR
POLITICAL SUBDIVISION, EXCEPT JUDGES OR JUSTICES OF  THE  UNIFIED  COURT
SYSTEM.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after October 1, 2008.

co-Sponsors

2009-S1536B - Details

Current Committee:: Senate Elections
Laws Affected:: Add §1-108, El L
Versions Introduced in 2011-2012 Legislative Session:: S1730

2009-S1536B - Summary

Requires voter approval for the abolition or modification of term limits for certain elected offices; requires resolution of local legislative body followed by a voter referendum; sets procedures.

2009-S1536B - Sponsor Memo

                                 BILL NUMBER:  S1536B

 TITLE OF BILL :

An act to amend the election law, in relation to requiring voter
approval for the abolition or modification of term limits for certain
elected offices


 SUMMARY OF PROVISIONS :

The bill will add a new Section 1-108 to the Election Law to require
that in any political subdivision where the term of office of an
elected official has been limited by referendum, the legislative body
with jurisdiction over the term limited elected office may adopt a
resolution to abolish or modify the term limit and such resolution
shall be submitted to the appropriate qualified electors.

The resolution shall be adopted by the appropriate legislative body at
least ninety days prior to the date of the referendum required by this
legislation. No such resolution shall become effective until approved
by the affirmative vote of the majority of the electors who
participate in the referendum. The referendum is to be held no later
than the first Tuesday of May in the year the general election is
scheduled for the term limited office.

This law will apply to any elected office in any county, municipality,
town, village or political subdivision, except judges or justices of
the unified court system.

 REASONS FOR SUPPORT :

Term limits, particularly with respect to the legislative branch,
artificially restrict voter choice and dilute representative
democracy.  However, where the public has participated in the
referendum process, a legitimate expectation exists that their opinion
as expressed in the outcome of the referendum will be respected. That
expectation is particularly justified when the referendum concerns the
term of office of individuals elected to represent the people.

In this circumstance, even where one conceptually disagrees with term
limits, the most appropriate mechanism to change the law is to revisit
the issue with the public in a referendum. Otherwise, the integrity of
our democracy is undermined, particularly when elected officials who
are self-interested in the outcome overturn the expressed will of the
voters.

Recently, we have witnessed the corrosive impact that such a
legislative maneuver can have on the democratic process in New York
City. In 1993 and 1996, New York City residents voted by referendum to
limit the tenure of municipal officeholders to two terms, or a total
of eight years. Not only did the public express its support for term
limits twice, it did so in considerable fashion.

Nevertheless, in direct contravention of the public will, the New York
City Council passed legislation extending the term limits of municipal
officeholders to a reacted with outrage square even though occasions.

The state legislature functions as the custodians of the system
administered in New York. Accordingly, we are charged responsibility
of protecting the integrity of the democratic and the will of
residents who elect their representatives.

In this capacity, it is appropriate to enact a statewide law that
respects the public referendum process on the issue of term limits, in
any municipality, county, town or village throughout the state,
including Syracuse and New York City. Ultimately, maintaining the
public's confidence in the legitimacy of our representative democracy
requires no less.

 PRIOR LEGISLATIVE HISTORY :

New bill.

2009-S1536B - Bill Text download pdf

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

                                 1536--B
    Cal. No. 101

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  PARKER,  HUNTLEY, KLEIN, ONORATO, SAMPSON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Elections -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  reported
  favorably from said committee, ordered to a first report and committed
  to  the  Committee  on  Finance -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend  the  election  law,  in  relation  to  requiring  voter
  approval  for the abolition or modification of term limits for certain
  elected offices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The election law is amended by adding a new section 1-108
to read as follows:
  S 1-108. VOTER APPROVAL FOR MODIFICATION OF TERM LIMITS. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE TERM OF OFFICE
OF AN ELECTED OFFICIAL HAS BEEN LIMITED  BY  REFERENDUM  OR  PROPOSITION
(HEREINAFTER,  "REFERENDUM"), A LEGISLATIVE BODY WITHIN THE GOVERNMENTAL
OR POLITICAL SUBDIVISION IMPACTED BY THE TERM LIMITATION OR  RESTRICTION
IS  PROHIBITED  FROM  MODIFYING  OR  ABOLISHING  SUCH TERM LIMITATION OR
RESTRICTION BY LEGISLATIVE ACTION. IN ORDER FOR A  LEGISLATIVE  BODY  TO
MODIFY  OR ABOLISH A TERM LIMITATION OR RESTRICTION INITIALLY IMPOSED BY
REFERENDUM, SUCH LEGISLATIVE BODY MUST SUBMIT A RESOLUTION TO THE APPRO-
PRIATE QUALIFIED ELECTORS OR VOTERS (HEREINAFTER, "ELECTORS") FOR  THEIR
APPROVAL AT A REGULAR OR SPECIAL ELECTION (HEREINAFTER, "SECOND REFEREN-
DUM").   SUCH RESOLUTION SHALL BE ADOPTED BY THE APPROPRIATE LEGISLATIVE
BODY AT LEAST NINETY DAYS PRIOR TO THE DATE THAT THE  SECOND  REFERENDUM
IS  CONDUCTED.  NO SUCH RESOLUTION SHALL BECOME EFFECTIVE UNTIL APPROVED
BY THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE    APPROPRIATE  QUALIFIED
ELECTORS  VOTING  ON  SUCH  SECOND REFERENDUM.   THE VOTE ON SUCH SECOND
REFERENDUM SHALL BE CONDUCTED PURSUANT TO THE RULES AND  REGULATIONS  OF

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

                                                           LBD03701-09-9

S. 1536--B                          2

THE  STATE BOARD OF ELECTIONS; PROVIDED THAT SUCH VOTE SHALL BE TAKEN NO
LATER THAN THE FIRST TUESDAY IN MARCH IN THE SAME YEAR  THAT  A  GENERAL
ELECTION  IS  SCHEDULED  TO BE HELD FOR THE OFFICE OR OFFICES SUBJECT TO
TERM  LIMIT  MODIFICATION OR ABOLISHMENT. IF THE APPROPRIATE LEGISLATIVE
BODY PUTS FORTH SUCH A RESOLUTION AND IF A MAJORITY OF THE VOTES CAST ON
ANY SUCH SECOND REFERENDUM WHEN SUBMITTED AS PROVIDED  IN  THIS  SECTION
SHALL  BE IN THE AFFIRMATIVE, THE TERMS OF OFFICE OF THOSE ELECTED OFFI-
CERS INCLUDED IN SUCH SECOND REFERENDUM AND THEREAFTER ELECTED SHALL  BE
AS  PROVIDED IN SUCH SECOND REFERENDUM.  THE REFERENDUM PROCESS REQUIRED
BY THIS SECTION SHALL NOT PROHIBIT OR IN ANY WAY ALTER  THE  PROCESS  BY
WHICH  A  TERM  LIMITATION  CAN BE MODIFIED OR ABOLISHED BY A CITIZEN OR
PUBLICLY INITIATED REFERENDUM OTHERWISE AUTHORIZED BY  THE  LAW  OF  THE
RELEVANT JURISDICTION.  THIS SECTION SHALL SUPERSEDE ANY OTHER STATE LAW
OR  REGULATION,  CITY  CHARTER OR POLITICAL SUBDIVISION LAW, RULE, REGU-
LATION, CODE OR ORDINANCE TO THE CONTRARY.  FOR  THE  PURPOSES  OF  THIS
SECTION  THE TERMS "ELECTED OFFICIAL" AND "ELECTED OFFICE" SHALL MEAN AN
ELECTED OFFICIAL OR ELECTED OFFICE OF ANY  COUNTY,  CITY,  MUNICIPALITY,
TOWN, VILLAGE OR POLITICAL SUBDIVISION, EXCEPT JUDGES OR JUSTICES OF THE
UNIFIED COURT SYSTEM.
  S 2. This act shall take effect January 1, 2010.

co-Sponsors

2009-S1536C (ACTIVE) - Details

Current Committee:: Senate Elections
Laws Affected:: Add §1-108, El L
Versions Introduced in 2011-2012 Legislative Session:: S1730

2009-S1536C (ACTIVE) - Summary

Requires voter approval for the abolition or modification of term limits for certain elected offices; requires resolution of local legislative body followed by a voter referendum; sets procedures.

2009-S1536C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1536C

 TITLE OF BILL :
An act to amend the election law, in relation to requiring voter
approval for the abolition or modification of term limits for certain
elected offices


 SUMMARY OF PROVISIONS :
The bill will add a new Section 1-108 to the Election Law to require
that in any political subdivision where the term of office of an
elected official has been limited by referendum, the legislative body
with jurisdiction over the term limited elected office may adopt a
resolution to abolish or modify the term limit and such resolution
shall be submitted to the appropriate qualified electors.

The resolution shall be adopted by the appropriate legislative body at
least ninety days prior to the date of the referendum required by this
legislation. No such resolution shall become effective until approved
by the affirmative vote of the majority of the electors who
participate in the referendum. The referendum is to be held no later
than the first Tuesday of May in the year the general election is
scheduled for the term limited office.

This law will apply to any elected office in any county, municipality,
town, village or political subdivision, except judges or justices of

the unified court system.

 REASONS FOR SUPPORT :
Term limits, particularly with respect to the legislative branch,
artificially restrict voter choice and dilute representative
democracy. However, where the public has participated in the
referendum process, a legitimate expectation exists that their opinion
as expressed in the outcome of the referendum will be respected. That
expectation is particularly justified when the referendum concerns the
term of office of individuals elected to represent the people.

In this circumstance, even where one conceptually disagrees with term
limits, the most appropriate mechanism to change the law is to revisit
the issue with the public in a referendum.  Otherwise, the integrity
of our democracy is undermined, particularly when elected officials
who are self-interested in the outcome overturn the expressed will of
the voters.

Recently, we have witnessed the corrosive impact that such a
legislative maneuver can have on the democratic process in New York
City. In 1993 and 1996, New York City residents voted by referendum to
limit the tenure of municipal officeholders to two terms, or a total
of eight years.  Not only did the public express its support for term
limits twice, it did so in considerable fashion.

Nevertheless, in direct contravention of the public will, the New York
City Council passed legislation extending the term limits of municipal
officeholders to a reacted with outrage square even though occasions.

The state legislature functions as the custodians of the system
administered in New York.  Accordingly, we are charged responsibility
of protecting the integrity of the democratic and the will of
residents who elect their representatives.

In this capacity, it is appropriate to enact a statewide law that
respects the public referendum process on the issue of term limits, in
any municipality, county, town or village throughout the state,
including Syracuse and New York City. Ultimately, maintaining the
public's confidence in the legitimacy of our representative democracy
requires no less.
 PRIOR LEGISLATIVE HISTORY :
New bill.

 EFFECTIVE DATE :
This act shall take effect July 1, 2010.

2009-S1536C (ACTIVE) - Bill Text download pdf

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

                                 1536--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  PARKER,  HUNTLEY, KLEIN, ONORATO, SAMPSON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Elections -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  reported
  favorably from said committee, ordered to a first report and committed
  to  the  Committee  on  Finance -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to  the  Committee on Elections in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  election  law,  in  relation to requiring voter
  approval for the abolition or modification of term limits for  certain
  elected offices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The election law is amended by adding a new  section  1-108
to read as follows:
  S 1-108. VOTER APPROVAL FOR MODIFICATION OF TERM LIMITS. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE TERM OF OFFICE
OF  AN  ELECTED  OFFICIAL  HAS BEEN LIMITED BY REFERENDUM OR PROPOSITION
(HEREINAFTER, "REFERENDUM"), A LEGISLATIVE BODY WITHIN THE  GOVERNMENTAL
OR  POLITICAL SUBDIVISION IMPACTED BY THE TERM LIMITATION OR RESTRICTION
IS PROHIBITED FROM MODIFYING  OR  ABOLISHING  SUCH  TERM  LIMITATION  OR
RESTRICTION  BY  LEGISLATIVE  ACTION. IN ORDER FOR A LEGISLATIVE BODY TO
MODIFY OR ABOLISH A TERM LIMITATION OR RESTRICTION INITIALLY IMPOSED  BY
REFERENDUM, SUCH LEGISLATIVE BODY MUST SUBMIT A RESOLUTION TO THE APPRO-
PRIATE  QUALIFIED ELECTORS OR VOTERS (HEREINAFTER, "ELECTORS") FOR THEIR
APPROVAL AT A REGULAR OR SPECIAL ELECTION (HEREINAFTER, "SECOND REFEREN-
DUM").  SUCH RESOLUTION SHALL BE ADOPTED BY THE APPROPRIATE  LEGISLATIVE
BODY  AT  LEAST NINETY DAYS PRIOR TO THE DATE THAT THE SECOND REFERENDUM
IS CONDUCTED.  NO SUCH RESOLUTION SHALL BECOME EFFECTIVE UNTIL  APPROVED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03701-11-0

S. 1536--C                          2

BY  THE  AFFIRMATIVE  VOTE OF THE MAJORITY OF THE  APPROPRIATE QUALIFIED
ELECTORS VOTING ON SUCH SECOND REFERENDUM.   THE  VOTE  ON  SUCH  SECOND
REFERENDUM  SHALL  BE CONDUCTED PURSUANT TO THE RULES AND REGULATIONS OF
THE  STATE BOARD OF ELECTIONS; PROVIDED THAT SUCH VOTE SHALL BE TAKEN NO
LATER THAN THE FIRST TUESDAY IN MARCH IN THE SAME YEAR  THAT  A  GENERAL
ELECTION  IS  SCHEDULED  TO BE HELD FOR THE OFFICE OR OFFICES SUBJECT TO
TERM LIMIT MODIFICATION OR ABOLISHMENT. IF THE  APPROPRIATE  LEGISLATIVE
BODY PUTS FORTH SUCH A RESOLUTION AND IF A MAJORITY OF THE VOTES CAST ON
ANY  SUCH  SECOND  REFERENDUM WHEN SUBMITTED AS PROVIDED IN THIS SECTION
SHALL BE IN THE AFFIRMATIVE, THE TERMS OF OFFICE OF THOSE ELECTED  OFFI-
CERS  INCLUDED IN SUCH SECOND REFERENDUM AND THEREAFTER ELECTED SHALL BE
AS PROVIDED IN SUCH SECOND REFERENDUM.  THE REFERENDUM PROCESS  REQUIRED
BY  THIS  SECTION  SHALL NOT PROHIBIT OR IN ANY WAY ALTER THE PROCESS BY
WHICH A TERM LIMITATION CAN BE MODIFIED OR ABOLISHED  BY  A  CITIZEN  OR
PUBLICLY  INITIATED  REFERENDUM  OTHERWISE  AUTHORIZED BY THE LAW OF THE
RELEVANT JURISDICTION.  THIS SECTION SHALL SUPERSEDE ANY OTHER STATE LAW
OR REGULATION, CITY CHARTER OR POLITICAL SUBDIVISION  LAW,  RULE,  REGU-
LATION,  CODE  OR  ORDINANCE  TO  THE CONTRARY. FOR THE PURPOSES OF THIS
SECTION THE TERMS "ELECTED OFFICIAL" AND "ELECTED OFFICE" SHALL MEAN  AN
ELECTED  OFFICIAL  OR  ELECTED OFFICE OF ANY COUNTY, CITY, MUNICIPALITY,
TOWN, VILLAGE OR POLITICAL SUBDIVISION, EXCEPT JUDGES OR JUSTICES OF THE
UNIFIED COURT SYSTEM.
  S 2. This act shall take effect July 1, 2010.

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