senate Bill S324A

2013-2014 Legislative Session

Imposes term limits of three consecutive terms or twelve years for members of the legislature

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 21, 2014 opinion referred to judiciary
Jan 13, 2014 to attorney-general for opinion
Jan 08, 2014 referred to judiciary
Apr 05, 2013 print number 324a
amend and recommit to judiciary
Feb 06, 2013 opinion referred to judiciary
Jan 11, 2013 to attorney-general for opinion
Jan 09, 2013 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

S324 - Bill Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §2, Constn
Versions Introduced in 2011-2012 Legislative Session:
S3298

S324 - Bill Texts

view summary

Imposes term limits of three consecutive terms or twelve years for members of the legislature.

view sponsor memo
BILL NUMBER:S324

TITLE OF BILL: REVISED 12/10/12

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment
to section 2 of article 3 of the constitution, in relation to imposing
term limits for members of the legislature

PURPOSE OR GENERAL IDEA OF BILL:

Provides that commencing in 2014 and thereafter, members of the
legislature shall not serve more than four consecutive terms or 16
years, whichever is longer.

SUMMARY OF PROVISIONS:

Section 1 amends section 2 of article 3 of the constitution to impose
term limits of four consecutive terms or 16 years, whichever is
longer commencing in 2014.

JUSTIFICATION:

History has shown that legislative bodies without term limits can
easily become ineffectual, and at worst dysfunctional, due to the
lack of new ideas and entrenchment of senior legislators who become
concerned with maintaining their positions rather than doing the
public's business.

Unfortunately, the proposition that an election is the "ultimate" form
of term limits fails due simply to the extreme power of the
incumbency. Opponents of term limits argue that imposition of such
laws takes away the power of citizens to choose their leaders. Yet
such arguments fail to acknowledge the nature of the electoral
process in the lack of true choice that is provided to voters.
Millions of dollars are spent by political parties and 3rd party
special interest in promoting their candidates of choice, especially
those incumbents that have remained in office and are a known
commodity to their affiliated parties and constituencies.
Furthermore, it is extremely difficult for unknown new candidates,
who may be full of fresh ideas, to get their voices heard when they
are challenging an extremely well financed incumbent whose name
recognition alone would be sufficient to win an election.

Therefore, reasonable term limits are necessary to strike a balance in
the democratic process of free and fair elections where voters are
able to honestly consider new candidates who can bring fresh ideas,
as well as those elected officials who have served them well and have
had sufficient time in office to offer their best public service to
their state. 16 years is a sufficient time to provide turn over and
yet maintain institutional memory.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.3298


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This amendment would take effect after approval of the voters by
referendum.

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

                                   324

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- 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 imposing term limits for 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 for two 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  PERSON ELECTED TO OFFICE IN TWO THOUSAND SIXTEEN AND IN SUBSEQUENT
YEARS SHALL SERVE AS A MEMBER OF THE  LEGISLATURE  FOR  MORE  THAN  FOUR
CONSECUTIVE  TERMS  OR  FOR  SIXTEEN YEARS, WHICHEVER IS LONGER, 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  CONSEC-
UTIVE  FULL  TERM  SHALL  NOT  BE  USED TO CALCULATE ANY TERM LIMITATION
IMPOSED PURSUANT TO THIS PARAGRAPH.
  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 the members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 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.
                                                           LBD89041-01-3

S324A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §2, Constn
Versions Introduced in 2011-2012 Legislative Session:
S3298

S324A (ACTIVE) - Bill Texts

view summary

Imposes term limits of three consecutive terms or twelve years for members of the legislature.

view sponsor memo
BILL NUMBER:S324A

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 imposing term limits for members of the legislature

PURPOSE OR GENERAL IDEA OF BILL: Provides that commencing in 2014 and
thereafter, members of the legislature shall not serve more than three
consecutive terms or 12 years, whichever is longer.

SUMMARY OF PROVISIONS: Section 1 amends section 2 of article 3 of the
constitution to impose term limits of three consecutive terms or 12
years, whichever is longer commencing in 2016.

JUSTIFICATION: History has shown that legislative bodies without term
limits can easily become ineffectual, and at worst dysfunctional, due
to the lack of new ideas and entrenchment of senior legislators who
become concerned with maintaining their positions rather than doing
the public's business.

Unfortunately, the proposition that an election is the "ultimate" form
of term limits fails due simply to the extreme power of the
incumbency. Opponents of term limits argue that imposition of such
laws takes away the power of citizens to choose their leaders. Yet
such arguments fail to acknowledge the nature of the electoral process
in the lack of true choice that is provided to voters. Millions of
dollars are spent by political parties and 3rd party special interest
in promoting their candidates of choice, especially those incumbents
that have remained in office and are a known commodity to their
affiliated parties and constituencies.

Furthermore, it is extremely difficult for unknown new candidates, who
may be full of fresh ideas, to get their voices heard when they are
challenging an extremely well financed incumbent whose name
recognition alone would be sufficient to win an election.

Therefore, reasonable term limits are necessary to strike a balance in
the democratic process of free and fair elections where voters are
able to honestly consider new candidates who can bring fresh ideas, as
well as those elected officials who have served them well and have had
sufficient time in office to offer their best public service to their
state. 12 years is a sufficient time to provide turn over and yet
maintain institutional memory.

PRIOR LEGISLATIVE HISTORY: 2011-12, S.3298

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None

EFFECTIVE DATE: This amendment would take effect after approval of
the voters by referendum.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 324--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- 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 imposing term limits for 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 for two 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 PERSON ELECTED TO OFFICE IN TWO THOUSAND SIXTEEN AND IN  SUBSEQUENT
YEARS  SHALL  SERVE  AS  A MEMBER OF THE LEGISLATURE FOR MORE THAN THREE
CONSECUTIVE TERMS OR FOR TWELVE YEARS, WHICHEVER IS LONGER, 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 CONSEC-
UTIVE FULL TERM SHALL NOT BE  USED  TO  CALCULATE  ANY  TERM  LIMITATION
IMPOSED PURSUANT TO THIS PARAGRAPH.
  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 the members of the assembly, and, in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89041-02-3

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