Senate Bill S4352

2015-2016 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
Apr 06, 2016	opinion referred to judiciary
Mar 14, 2016	to attorney-general for opinion
Jan 06, 2016	referred to judiciary
May 12, 2015	opinion referred to judiciary
Apr 20, 2015	to attorney-general for opinion
Mar 16, 2015	referred to judiciary

2015-S4352 (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
2011-2012: S4250
2013-2014: S2202

2015-S4352 (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.

2015-S4352 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4352

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.

2015-S4352 (ACTIVE) - Bill Text download pdf

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

                                  4352

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 16, 2015
                               ___________

Introduced  by Sen. HAMILTON -- 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 EIGHTEEN  AND  IN  SUBSE-
QUENT 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 EIGHTEEN 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.

                                                           LBD89075-01-5

S. 4352                             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. 4352                             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.

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Senate Bill S4352

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2015-S4352 (ACTIVE) - Details

2015-S4352 (ACTIVE) - Summary

2015-S4352 (ACTIVE) - Sponsor Memo

2015-S4352 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jesse Hamilton

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2015-S4352 (ACTIVE) - Details

2015-S4352 (ACTIVE) - Summary

2015-S4352 (ACTIVE) - Sponsor Memo

2015-S4352 (ACTIVE) - Bill Text download pdf

Comments