Bill Text: NJ ACR39 | 2016-2017 | Regular Session | Introduced

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Bill Title: Amends Constitution to limit number of successive years members of the Legislature and local elected public officials may serve.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Judiciary Committee [ACR39 Detail]

Download: New_Jersey-2016-ACR39-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 39

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 

 

Sponsored by:

Assemblywoman  AMY H. HANDLIN

District 13 (Monmouth)

 

 

 

 

SYNOPSIS

     Amends Constitution to limit number of successive years members of the Legislature and local elected public officials may serve.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

A Concurrent Resolution proposing to amend Article IV, Section II, paragraphs 2 and 4 and Article VII, Section I of the Constitution of the State of New Jersey.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The following proposed amendment of the Constitution of the State of New Jersey is hereby agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article IV, Section II, paragraphs 2 and 4 to read as follows:

     2.    Each senator shall be elected by the legally qualified voters of the Senate district, except that if the Senate district is composed of two or more counties and two senators are apportioned to the district, one senator shall be elected by the legally qualified voters of each Assembly district.  Each senator shall be elected for a term beginning at noon of the second Tuesday in January next following [his] the senator's election and ending at noon of the second Tuesday in January four years thereafter, except that each senator, to be elected for a term beginning in January of the second year following the year in which a decennial census of the United States is taken, shall be elected for a term of two years.

     A member of the Senate shall not be eligible to serve more than 12 successive years in the Senate, except that a member who is serving a term at the end of the 12th successive year shall be allowed to complete that term.  Service for one year or more to fill an unexpired term of office shall be included in the limitation imposed herein.  A member who has completed 12 successive years in the Senate shall not be eligible to serve a partial term in the Senate until after at least one intervening four year term of the Senate during which the member did not serve.

     Years of service shall be considered successive unless there is a break in service consisting of one intervening term.

(cf:  Art.IV, Sec. II, par. 2; amended effective December 8, 1966)

 

     4.    Two members of the General Assembly shall be elected by the legally qualified voters of each Assembly district for terms beginning at noon of the second Tuesday in January next following their election and ending at noon of the second Tuesday in January two years thereafter.

     A member of the General Assembly shall not be eligible to serve more than 12 successive years in the General Assembly, except that a member who is serving a term at the end of the 12th successive year shall be allowed to complete that term.  Service for one year or more to fill an unexpired term of office shall be included in the limitation imposed herein.  A member who has completed 12 successive years in the General Assembly shall not be eligible to serve a partial term in the General Assembly until after at least one intervening two-year term of the General Assembly during which the member did not serve.

     Years of service shall be considered successive unless there is a break in service consisting of one intervening term.

(cf:  Art.IV, Sec. II, par. 4; amended effective December 8, 1966)

 

     Amend Article VII, Section I by adding a new paragraph 7 to read as follows:

     7.    An elected public official in a political subdivision of this State shall not be eligible to serve more than 12 successive years in the same elective public office, except that an official who is serving a term at the end of the 12th successive year shall be allowed to complete that term.  Service for one year or more to fill an unexpired term of office shall be included in the limitation imposed herein.  An elected public official who has completed 12 successive years in an elective public office shall not be eligible to serve a partial term in that office until after at least one intervening term of the office during which the official did not serve.

     Years of service shall be considered successive unless there is a break in service consisting of one intervening term.

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.     In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b.    In every municipality the following question:

 

		CONSTITUTIONAL AMENDMENT TO LIMIT SERVICE IN ELECTIVE OFFICE TO 12 CONSECUTIVE YEARS
	YES	Do you approve the change to the Constitution to allow an elected public official to serve for only 12 consecutive years in the same office?  The limit would also apply to any elected official currently in office.  This limit would not apply to the Governor or Lieutenant Governor because they are already limited to two terms of four years.
		INTERPRETIVE STATEMENT
	NO	This change would limit to 12 the number of years that an elected public official could serve in the same office.  This limit would apply to the State Senate, the State General Assembly, and any elective public office in a county, municipality, fire district, or school district.  This limit would not apply to the Governor or the Lieutenant Governor.  An elected public official who is in office at the end of the 12th consecutive year would be allowed to stay until the term for that office ends.

 

SCHEDULE

 

     The limitation on the number of successive terms a member of the Senate or the General Assembly or an elected public official in a political subdivision may serve established by this constitutional amendment shall include successive terms served immediately prior to the adoption of the amendment, including a term occurring at the time of adoption.  However, a member of either House or an elected public official who, on the date of adoption of the amendment, is serving a successive term in excess of the number of terms permitted by this amendment shall be eligible to complete that term.

 

 

STATEMENT

 

     This concurrent resolution would amend the State Constitution to limit the successive number of years that a member of the Legislature or a local elected public official can serve.

     A member of the Senate or General Assembly, or a local elected public official, would not be eligible to serve more than 12 successive years in office, except that a member or official who is serving a term at the end of the 12th successive year would be allowed to complete that term.  Service for one year or more to fill an unexpired term of office is included in the limitation imposed by this amendment.  A member or official who has completed 12 successive years in an office is not eligible to serve a partial term until after at least one intervening term during which the member did not serve.  Years of service would be considered successive unless there is a break in service consisting of one intervening term of office.

     This amendment would apply to members of the Legislature and elected public officials serving successive terms immediately prior to the adoption of the amendment, including a term occurring at the time of adoption.  However, a member of the Senate or General Assembly or an elected public official who, on the date of adoption of the amendment, is serving a successive term in excess of the number of terms permitted by this amendment could complete that term.