Senate Bill S4250A

2011-2012 Legislative Session

Increases the term of office of members of the legislature to 4 years; limits statewide elected officers and legislators to 3 consecutive 4 year terms

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Archive: Last Bill Status - In Senate Committee Judiciary 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
Feb 01, 2012	print number 4250a
Feb 01, 2012	amend and recommit to judiciary
Jan 09, 2012	to attorney-general for opinion
Jan 04, 2012	referred to judiciary
Jun 22, 2011	opinion referred to judiciary
Mar 31, 2011	to attorney-general for opinion
Mar 25, 2011	referred to judiciary

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S4250 - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 3 §2, Art 4 §1, Art 5 §1, Constn
Versions Introduced in Other Legislative Sessions:: 2009-2010: S21
2013-2014: S2202
2015-2016: S4352

2011-S4250 - Summary

Increases the term of office of members of the legislature to 4 years; limits statewide elected officers and legislators to 3 consecutive 4 year terms.

2011-S4250 - Sponsor Memo

                                BILL NUMBER:S4250

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 legislature to four years and
limiting the terms of office as a member of the legislature any person
may serve; proposing an amendment to section 1 of article 4 of the
constitution, in relation to limiting the terms of office as governor or
lieutenant governor any person may serve; and proposing an amendment
to section 1 of article 5 of the constitution, in relation to limiting
the terms of office as comptroller or attorney-general any person may
serve

PURPOSE:
This legislation aims to expand and limit legislative terms
in an attempt to reform state government. The 12 consecutive years
provided by this amendment would allow elected officials to accrue
seniority without remaining so long as to constrict the influx of new
people and ideas into New York State Government.

SUMMARY OF PROVISIONS:
This legislation would amend section 2 of
article 3 of the constitution in relation to increasing the terms of
office of members of the legislature to four years and limiting the

terms of office as a member of the legislature any person may serve;
proposing an amendment to section 1 of article 4 of the constitution,
in relation to limiting the terms of office as governor or lieutenant
governor any person may serve; and proposing an amendment to section
1 of article 5 of the constitution, in relation to limiting the terms
of office as comptroller or attorney general any person may serve.

JUSTIFICATION:
The people of New York State have continually called
for reform of state government, and the expansion and limitation of
terms would be an effective manner by which to bring about the
desired changes. The two-year legislative terms for which the
Constitution presently provides are not efficient, as members must
constantly campaign. A four-year legislative term would allow
lawmakers to concentrate more fully on that which they are elected to
do instead of focusing on campaigning for reelection every two years.
The three consecutive term limit for statewide positions would force
a turnover of fresh ideas and officials within New York State
Government. The rationale behind limiting the amount of terms to
three is that twelve years is sufficient time to advocate for that
legislation which is of particular importance to each elected
official before allowing another individual twelve years to pursue
his or her political agenda, as best to serve the constituents of
each district. This constant churning of the legislature would allow
the issues and voices of more New Yorkers to be heard{ as well as
trigger a sense of urgency to enact important policy concerns into law.

PRIOR LEGISLATIVE HISTORY:
S.21 (Same as A.4145) (2010) - Held in Judiciary


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
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
of the constitution, be published for 3 months previous to
the time of such election.

2011-S4250 - Bill Text download pdf

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

                                  4250

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced by Sens. ADAMS, GRIFFO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

            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 legisla-
  ture to four years and limiting the terms of office as a member of the
  legislature any person may serve; proposing an amendment to section  1
  of article 4 of the constitution, in relation to limiting the terms of
  office  as  governor  or lieutenant governor any person may serve; and
  proposing an amendment to section 1 of article 5 of the  constitution,
  in  relation  to limiting the terms of office as comptroller or attor-
  ney-general any person may serve

  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 TWELVE 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] ELECTED for TERMS OF two years; PROVIDED,
THAT  ASSEMBLY  MEMBERS  ELECTED  IN THE YEAR TWO THOUSAND TWELVE AND IN
SUBSEQUENT YEARS SHALL HOLD THEIR OFFICES FOR FOUR YEARS.
  NO PERSON SHALL SERVE AS A MEMBER OF THE  LEGISLATURE  FOR  MORE  THAN
THREE CONSECUTIVE FOUR YEAR TERMS, WHETHER SUCH SERVICE IS AS A SENATOR,
ASSEMBLY  MEMBER,  OR  CONSECUTIVE  TERMS  AS  A SENATOR AND AN ASSEMBLY
MEMBER; PROVIDED THAT ANY PARTIAL TERM OF OFFICE HELD AS A MEMBER OF THE
LEGISLATURE PRIOR TO THE ELECTION TO A CONSECUTIVE FOUR YEAR TERM  SHALL
NOT  BE  USED  TO CALCULATE ANY TERM LIMITATION IMPOSED PURSUANT TO THIS
PARAGRAPH.

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

                                                           LBD89050-01-1

S. 4250                             2

  S 2. RESOLVED (if the Assembly concur), That section 1 of article 4 of
the constitution be amended to read as follows:
  Section  1.  The  executive power shall be vested in the governor, who
shall hold office for  four  years;  the  lieutenant-governor  shall  be
chosen  at  the same time, and for the same term. The governor and lieu-
tenant-governor shall be chosen at the general election held in the year
nineteen hundred thirty-eight, and each fourth year  thereafter.    They
shall  be  chosen jointly, by the casting by each voter of a single vote
applicable to both offices, and the legislature by law shall provide for
making such choice in such manner. The  respective  persons  having  the
highest  number of votes cast jointly for them for governor and lieuten-
ant-governor respectively shall be elected.   NO PERSON SHALL  HOLD  THE
OFFICE  OF  GOVERNOR  OR LIEUTENANT-GOVERNOR FOR MORE THAN THREE CONSEC-
UTIVE FOUR YEAR TERMS; PROVIDED THAT ANY PARTIAL TERM OF  OFFICE  SERVED
IN  EITHER  SUCH OFFICE PRIOR TO THE ELECTION TO A CONSECUTIVE FOUR YEAR
TERM SHALL NOT BE USED TO CALCULATE ANY TERM LIMITATION IMPOSED PURSUANT
TO THIS SECTION.
  S 3. RESOLVED (if the Assembly concur), That section 1 of article 5 of
the constitution be amended to read as follows:
  Section 1. The comptroller and attorney-general shall be chosen at the
same general election as the governor and hold office for the same term,
and shall possess the qualifications provided in section  2  of  article
IV.  NO  PERSON SHALL HOLD THE OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL
FOR MORE THAN THREE CONSECUTIVE  FOUR  YEAR  TERMS;  PROVIDED  THAT  ANY
PARTIAL  TERM  OF  OFFICE  SERVED  IN  EITHER  SUCH  OFFICE PRIOR TO THE
ELECTION TO A CONSECUTIVE FOUR YEAR TERM SHALL NOT BE USED TO  CALCULATE
ANY  TERM  LIMITATION  IMPOSED PURSUANT TO THIS SECTION. The legislature
shall provide for filling vacancies in the office of comptroller and  of
attorney-general.  No  election  of a comptroller or an attorney-general
shall be had except at the time of electing a governor.  The comptroller
shall be required: (1) to audit all  vouchers  before  payment  and  all
official accounts; (2) to audit the accrual and collection of all reven-
ues and receipts; and (3) to prescribe such methods of accounting as are
necessary  for  the  performance of the foregoing duties. The payment of
any money of the state, or of any money under its control, or the refund
of any money paid to the state, except upon audit  by  the  comptroller,
shall  be void, and may be restrained upon the suit of any taxpayer with
the consent of the supreme court in appellate division on notice to  the
attorney-general.  In  such  respect  the  legislature  shall define the
powers and duties and may also assign to him or her: (1) supervision  of
the  accounts  of any political subdivision of the state; and (2) powers
and duties pertaining to or connected with the assessment  and  taxation
of  real  estate,  including  determination of ratios which the assessed
valuation of taxable real property bears to the full valuation  thereof,
but not including any of those powers and duties reserved to officers of
a  county,  city, town or village [by virtue of sections seven and eight
of article nine of this constitution]. The legislature shall  assign  to
him or her no administrative duties, excepting such as may be incidental
to  the  performance  of  these  functions,  any other provision of this
constitution to the contrary notwithstanding.
  S 4. RESOLVED (if the Assembly concur), That  the  provisions  of  the
foregoing  amendments  shall  apply  only to terms of offices commencing
after such amendments shall have been adopted pursuant to section  1  of
article 19 of the constitution.
  S  5. RESOLVED (if the Assembly concur), That the foregoing amendments
be referred to the first regular legislative session convening after the

S. 4250                             3

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.

co-Sponsors

2011-S4250A (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 3 §2, Art 4 §1, Art 5 §1, Constn
Versions Introduced in Other Legislative Sessions:: 2009-2010: S21
2013-2014: S2202
2015-2016: S4352

2011-S4250A (ACTIVE) - Summary

Increases the term of office of members of the legislature to 4 years; limits statewide elected officers and legislators to 3 consecutive 4 year terms.

2011-S4250A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4250A

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 legislature to four years and
limiting the terms of office as a member of the legislature any person
may serve; proposing an amendment to section 1 of article 4 of the
constitution, in relation to limiting the terms of office as governor or
lieutenant governor any person may serve; and proposing an amendment
to section 1 of article 5 of the constitution, in relation to limiting
the terms of office as comptroller or attorney-general any person may
serve

PURPOSE:
This legislation aims to expand and limit legislative terms in an
attempt to reform state government. The 12 consecutive years provided
by this amendment would allow elected officials to accrue seniority
without remaining so long as to constrict the influx of new people
and ideas into New York State Government.

SUMMARY OF PROVISIONS:
This legislation would amend section 2 of article 3 of the
constitution in relation to increasing the terms of office of members
of the legislature to four years and limiting the terms of office as

a member of the legislature any person may serve; proposing an
amendment to section 1 of article 4 of the constitution, in relation
to limiting the terms of office as governor or lieutenant governor
any person may serve; and proposing an amendment to section 1 of
article 5 of the constitution, in relation to limiting the terms of
office as comptroller or attorney general any person may serve.

JUSTIFICATION:
The people of New York State have continually called for reform of
state government, and the expansion and limitation of terms would be
an effective manner by which to bring about the desired changes. The
two-year legislative terms for which the Constitution presently
provides are not efficient, as members must constantly campaign. A
four-year legislative term would allow lawmakers to concentrate more
fully on that which they are elected to do instead of focusing on
campaigning for reelection every two years. The three consecutive
term limit for statewide positions would force a turnover of fresh
ideas and officials within New York State Government. The rationale
behind limiting the amount of terms to three is that twelve years is
sufficient time to advocate for that legislation which is of
particular importance to each elected official
before allowing another individual twelve years to pursue his or her
political agenda, as best to serve the constituents of each district.
This constant churning of the legislature would allow the issues and

voices of more New Yorkers to be heard{ as well as trigger a sense of
urgency to enact important policy concerns into law.

PRIOR LEGISLATIVE HISTORY:
S.21 (Same as A.4145) (2010) - Held in Judiciary

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
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 of the constitution, be
published for 3 months previous to the time of such election.

2011-S4250A (ACTIVE) - Bill Text download pdf

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

                                 4250--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced by Sens. ADAMS, GRIFFO -- read twice and ordered printed, and
  when  printed  to be committed to the Committee on Judiciary -- recom-
  mitted to the Committee on Judiciary in accordance with Senate Rule 6,
  sec. 8 -- 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 legisla-
  ture to four years and limiting the terms of office as a member of the
  legislature any person may serve; proposing an amendment to section  1
  of article 4 of the constitution, in relation to limiting the terms of
  office  as  governor  or lieutenant governor any person may serve; and
  proposing an amendment to section 1 of article 5 of the  constitution,
  in  relation  to limiting the terms of office as comptroller or attor-
  ney-general any person may serve

  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] ELECTED for TERMS OF two years; PROVIDED,
THAT ASSEMBLY MEMBERS ELECTED IN THE YEAR TWO THOUSAND  SIXTEEN  AND  IN
SUBSEQUENT YEARS SHALL HOLD THEIR OFFICES FOR FOUR YEARS.
  NO  PERSON  SHALL  SERVE  AS A MEMBER OF THE LEGISLATURE FOR MORE THAN
THREE CONSECUTIVE FOUR YEAR TERMS, WHETHER SUCH SERVICE IS AS A SENATOR,
ASSEMBLY MEMBER, OR CONSECUTIVE TERMS  AS  A  SENATOR  AND  AN  ASSEMBLY
MEMBER; PROVIDED THAT ANY PARTIAL TERM OF OFFICE HELD AS A MEMBER OF THE

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

                                                           LBD89050-02-1

S. 4250--A                          2

LEGISLATURE  PRIOR TO THE ELECTION TO A CONSECUTIVE FOUR YEAR TERM SHALL
NOT BE USED TO CALCULATE ANY TERM LIMITATION IMPOSED  PURSUANT  TO  THIS
PARAGRAPH.
  S 2. RESOLVED (if the Assembly concur), That section 1 of article 4 of
the constitution be amended to read as follows:
  Section  1.  The  executive power shall be vested in the governor, who
shall hold office for  four  years;  the  lieutenant-governor  shall  be
chosen  at  the same time, and for the same term. The governor and lieu-
tenant-governor shall be chosen at the general election held in the year
nineteen hundred thirty-eight, and each fourth year  thereafter.    They
shall  be  chosen jointly, by the casting by each voter of a single vote
applicable to both offices, and the legislature by law shall provide for
making such choice in such manner. The  respective  persons  having  the
highest  number of votes cast jointly for them for governor and lieuten-
ant-governor respectively shall be elected.   NO PERSON SHALL  HOLD  THE
OFFICE  OF  GOVERNOR  OR LIEUTENANT-GOVERNOR FOR MORE THAN THREE CONSEC-
UTIVE FOUR YEAR TERMS; PROVIDED THAT ANY PARTIAL TERM OF  OFFICE  SERVED
IN  EITHER  SUCH OFFICE PRIOR TO THE ELECTION TO A CONSECUTIVE FOUR YEAR
TERM SHALL NOT BE USED TO CALCULATE ANY TERM LIMITATION IMPOSED PURSUANT
TO THIS SECTION.
  S 3. RESOLVED (if the Assembly concur), That section 1 of article 5 of
the constitution be amended to read as follows:
  Section 1. The comptroller and attorney-general shall be chosen at the
same general election as the governor and hold office for the same term,
and shall possess the qualifications provided in section  2  of  article
IV.  NO  PERSON SHALL HOLD THE OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL
FOR MORE THAN THREE CONSECUTIVE  FOUR  YEAR  TERMS;  PROVIDED  THAT  ANY
PARTIAL  TERM  OF  OFFICE  SERVED  IN  EITHER  SUCH  OFFICE PRIOR TO THE
ELECTION TO A CONSECUTIVE FOUR YEAR TERM SHALL NOT BE USED TO  CALCULATE
ANY  TERM  LIMITATION  IMPOSED PURSUANT TO THIS SECTION. The legislature
shall provide for filling vacancies in the office of comptroller and  of
attorney-general.  No  election  of a comptroller or an attorney-general
shall be had except at the time of electing a governor.  The comptroller
shall be required: (1) to audit all  vouchers  before  payment  and  all
official accounts; (2) to audit the accrual and collection of all reven-
ues and receipts; and (3) to prescribe such methods of accounting as are
necessary  for  the  performance of the foregoing duties. The payment of
any money of the state, or of any money under its control, or the refund
of any money paid to the state, except upon audit  by  the  comptroller,
shall  be void, and may be restrained upon the suit of any taxpayer with
the consent of the supreme court in appellate division on notice to  the
attorney-general.  In  such  respect  the  legislature  shall define the
powers and duties and may also assign to him or her: (1) supervision  of
the  accounts  of any political subdivision of the state; and (2) powers
and duties pertaining to or connected with the assessment  and  taxation
of  real  estate,  including  determination of ratios which the assessed
valuation of taxable real property bears to the full valuation  thereof,
but not including any of those powers and duties reserved to officers of
a  county,  city, town or village [by virtue of sections seven and eight
of article nine of this constitution]. The legislature shall  assign  to
him or her no administrative duties, excepting such as may be incidental
to  the  performance  of  these  functions,  any other provision of this
constitution to the contrary notwithstanding.
  S 4. RESOLVED (if the Assembly concur), That  the  provisions  of  the
foregoing  amendments  shall  apply  only to terms of offices commencing

S. 4250--A                          3

after such amendments shall have been adopted pursuant to section  1  of
article 19 of the constitution.
  S  5. 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.

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Senate Bill S4250A

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

co-Sponsors

2011-S4250 - Details

2011-S4250 - Summary

2011-S4250 - Sponsor Memo

2011-S4250 - Bill Text download pdf

co-Sponsors

2011-S4250A (ACTIVE) - Details

2011-S4250A (ACTIVE) - Summary

2011-S4250A (ACTIVE) - Sponsor Memo

2011-S4250A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

co-Sponsors

Joseph A. Griffo

2011-S4250 - Details

2011-S4250 - Summary

2011-S4250 - Sponsor Memo

2011-S4250 - Bill Text download pdf

co-Sponsors

Joseph A. Griffo

2011-S4250A (ACTIVE) - Details

2011-S4250A (ACTIVE) - Summary

2011-S4250A (ACTIVE) - Sponsor Memo

2011-S4250A (ACTIVE) - Bill Text download pdf

Comments