NY State Senate Bill 2017-S1427

Senate Bill S1427

2017-2018 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 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2018	opinion referred to judiciary
Jan 12, 2018	to attorney-general for opinion
Jan 03, 2018	referred to judiciary
Feb 10, 2017	opinion referred to judiciary
Jan 13, 2017	to attorney-general for opinion
Jan 09, 2017	referred to judiciary

co-Sponsors

2017-S1427 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 3 §2, Constn
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3298
2013-2014: S324
2015-2016: S943

2017-S1427 (ACTIVE) - Summary

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

2017-S1427 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1427

 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 2018 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 2018.

 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 :

2015-16: S.943
2013-2014, S.324-A
2011-2012, S.3298

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None

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

2017-S1427 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1427
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced by Sens. AVELLA, FUNKE -- 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:
   § 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 EIGHTEEN 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.
   § 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.
   §  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.

                                                            LBD89015-01-7

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Senate Bill S1427

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Sponsored By

Tony Avella