Proposes an amendment to section 2 of article 3 of the constitution, in relation to increasing term limits and limiting the number of terms

BILL NUMBER:S2828

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 and limiting the terms of office as a member of the legislature any person may serve

Purpose

This legislation aims to expand and limit legislative terms in an attempt to reform government. The 16 consecutive years provided by this amendment for Assembly members and the 18 consecutive years provided by this amendment for Senators would allow elected-officials to accrue seniority, but then deprives them of the incumbent's position for at least one term, so that the voters might choose new representation in comparison.

SUMMARY OF PROVISIONS:; This legislation would amend section 2 of article 3 of the constitution in relation to increasing the terms of office of Assembly members of the legislature to four years, and the terms of office of Senators to six years, and limiting the consecutive terms of office a Senator may serve to three, and an Assembly member to four.

Justification

New York's democracy embodies a tension between the need for legislators to learn the nature and procedure of their position, and the desire of the voters for new ideas to filter into government through a exchange of incumbents and new legislators. In addition, the two-year legislative terms for which the Constitution presently provides are not efficient, as members must constantly campaign, and a significant portion of their time is diverted from legislative activity.

An expanded term of office would allow lawmakers to concentrate more fully on legislative activity and on the honing and advocacy of policy. Adopting staggered terms for the upper and lower legislative houses would also bolster voter turnout in what were formerly "off-year" election, rather than general election years.

The three consecutive term limit for Senate positions would force a turnover of fresh ideas and members within the upper house, as would the four consecutive term limit for Assembly seats.

The rationale behind limiting the amount of terms, is that eighteen and sixteen years are, respectively, sufficient time to advocate for such legislation that is of particular importance to an elected official before allowing a new member a potentially similar amount of time to pursue his or her political agenda. It is theorized that such.turnover of new ideas might best 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

2011-2012: 5.2891 - Attorney General opinion received; died in Judiciary A similar bill (A.4145 and S.21 of 2009-2010) has the following history in the Assembly. A.4145 (2009-2010) - Referred to Attorney General; Re-Referred to Judiciary. S.21 (2009-2010) - Referred to Attorney General; Re-Referred to Judiciary. A.7594 (2007-2008) - Referred to Attorney General; Re-Referred to 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 the constitution, be published for 3 months previous to the time of such election.