NY State Senate Bill 2011-S1730

Senate Bill S1730

2011-2012 Legislative Session

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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to elections
Jan 11, 2011	referred to elections

co-Sponsors

2011-S1730 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §1-108, El L
Versions Introduced in 2009-2010 Legislative Session:: S1536

2011-S1730 (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.

2011-S1730 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1730

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 redacted with outage square even though
occasions.

The state legislature functions as the custodians of the
system administered in New York. Accordingly, we are charged with the
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:

2009-10:  S.1536/A.1224D - Passed the Assembly, Died in the Senate.

EFFECTIVE DATE:

This act shall take effect July 1, 2011.

2011-S1730 (ACTIVE) - Bill Text download pdf

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

                                  1730

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sens.  PARKER, HUNTLEY, KLEIN, 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"), 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01748-01-1

S. 1730                             2

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, 2011.

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Senate Bill S1730

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Sponsored By

Kevin S. Parker