Assembly Bill A9981

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

                                  9981

                          I N  A S S E M B L Y

                             April 27, 2012
                               ___________

Introduced  by  M.  of A. SMARDZ, BURLING, CERETTO, McLAUGHLIN, SAYWARD,
  FINCH, GRAF -- Multi-Sponsored by -- M. of A. CORWIN -- read once  and
  referred to the Committee on Governmental Operations

AN  ACT  to  amend  the legislative law, in relation to legislative term
  limits and leader tenure limits; to amend the  retirement  and  social
  security  law,  in  relation  to  pension forfeiture; and to amend the
  legislative law, in relation to bills that refer to taxes

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

  Section  1.  This act shall be known and may be cited as the "People's
Government Reform Act".
  S 2. The legislative law is amended by adding a  new  section  2-a  to
read as follows:
  S  2-A.  LEGISLATIVE TERM LIMITS. MEMBERS OF THE LEGISLATURE SHALL NOT
SERVE MORE THAN FOUR CONSECUTIVE TWO YEAR TERMS IN EITHER THE SENATE  OR
THE ASSEMBLY. IN NO EVENT MAY A LEGISLATOR SERVE MORE THAN EIGHT CONSEC-
UTIVE YEARS IN EITHER THE SENATE OR ASSEMBLY.
  S  3.  The  legislative  law is amended by adding a new section 5-b to
read as follows:
  S 5-B. LIMITATION ON TENURE OF LEGISLATORS TO SERVE AS  A  LEGISLATIVE
LEADER.  1.  NO  MEMBER  OF THE LEGISLATURE MAY BE ELECTED TO SERVE MORE
THAN SIX YEARS AS THE TEMPORARY PRESIDENT OF THE SENATE, MINORITY LEADER
OF THE SENATE, SPEAKER OF THE ASSEMBLY, MINORITY LEADER OF THE  ASSEMBLY
OR THE CHAIRPERSON OF ANY SENATE OR ASSEMBLY COMMITTEE.
  2.  ANY  MEMBER HAVING SERVED AS THE SPEAKER OF THE ASSEMBLY SHALL NOT
BE ELECTED TO SERVE AS THE  MAJORITY  LEADER  IN  THE  YEAR  IMMEDIATELY
FOLLOWING SUCH MEMBER'S TENURE AS SPEAKER OF THE ASSEMBLY.
  S  4.  The  opening  paragraph  of  paragraph  (a) of subdivision 6 of
section 156 of the retirement and  social  security  law,  as  added  by
section  1  of  part C of chapter 399 of the laws of 2011, is amended to
read as follows:
  "Public official" shall mean any  of  the  following  individuals  who
[were  not] ARE members of any retirement system [prior to the effective
date of the chapter of the laws of two thousand eleven which added  this

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

                                                           LBD15202-02-2

A. 9981                             2

article but who have become members of a covered retirement system on or
after  the  effective  date  of  the chapter of the laws of two thousand
eleven which added this article]:
  S 5. Subdivision 1 of section 157 of the retirement and social securi-
ty  law,  as  added by section 1 of part C of chapter 399 of the laws of
2011, is amended to read as follows:
  1. Notwithstanding any other law to the contrary, it shall be  a  term
and condition of membership for every public official who [becomes] IS a
member  of  any retirement system [on or after the effective date of the
chapter of the laws of two thousand eleven which  added  this  article],
that  such  public official's rights to a pension in a retirement system
that accrue in such retirement system after his or her date  of  initial
membership  in  the retirement system shall be subject to the provisions
of this article.
  S 6. The legislative law is amended by adding a new  section  54-c  to
read as follows:
  S  54-C.  BILLS  THAT REFER TO TAXES. NO BILL SHALL BE INTRODUCED THAT
REFERS TO A TAX BY ANY WORD OR WORDS OTHER THAN "TAX". AS USED  IN  THIS
SECTION,  "TAX"  MEANS  ANY  LEVY, CHARGE, FEE, TOLL, OR EXACTION OF ANY
KIND IMPOSED BY THE STATE, EXCEPT THE FOLLOWING:
  1. A CHARGE IMPOSED FOR A  SPECIFIC  BENEFIT  CONFERRED  OR  PRIVILEGE
GRANTED DIRECTLY TO THE PAYOR THAT IS NOT PROVIDED TO THOSE NOT CHARGED,
AND  WHICH  DOES NOT EXCEED THE REASONABLE COSTS TO THE STATE OF CONFER-
RING THE BENEFIT OR GRANTING THE PRIVILEGE TO THE PAYOR.
  2. A CHARGE IMPOSED FOR  A  SPECIFIC  GOVERNMENT  SERVICE  OR  PRODUCT
PROVIDED  DIRECTLY  TO  THE  PAYOR  THAT  IS  NOT  PROVIDED TO THOSE NOT
CHARGED, AND WHICH DOES NOT EXCEED THE REASONABLE COSTS TO THE STATE  OF
PROVIDING THE SERVICE OR PRODUCT TO THE PAYOR.
  3.  A  CHARGE IMPOSED FOR THE REASONABLE REGULATORY COSTS TO THE STATE
INCIDENT TO ISSUING LICENSES  AND  PERMITS;  PERFORMING  INVESTIGATIONS,
INSPECTIONS, AND AUDITS; AND ENFORCING ORDERS AND FOR THE ADMINISTRATIVE
ENFORCEMENT AND ADJUDICATION THEREOF.
  4.  A CHARGE IMPOSED FOR ENTRANCE TO OR USE OF THE STATE'S PROPERTY OR
THE PURCHASE, RENTAL, OR LEASE OF THE STATE'S PROPERTY.
  5. A FINE, PENALTY, OR OTHER MONETARY CHARGE IMPOSED BY  THE  JUDICIAL
BRANCH OF GOVERNMENT OR THE STATE, AS A RESULT OF A VIOLATION OF LAW.
  S 7. This act shall take effect immediately.