Bill Text: NY S05812 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires voter approval for the abolition or modification of term limits for certain elected offices; requires resolution of local legislative body followed by a voter referendum; sets procedures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-07-09 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05812 Detail]
Download: New_York-2009-S05812-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5812 2009-2010 Regular Sessions I N S E N A T E June 8, 2009 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the election law, in relation to requiring voter approval for the abolition or modification of term limits for certain elected offices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The election law is amended by adding a new section 1-108 2 to read as follows: 3 S 1-108. VOTER APPROVAL FOR MODIFICATION OF TERM LIMITS. NOTWITHSTAND- 4 ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE TERM OF OFFICE 5 OF AN ELECTED OFFICIAL HAS BEEN LIMITED BY REFERENDUM OR PROPOSITION 6 (HEREINAFTER, "REFERENDUM"), A LEGISLATIVE BODY WITHIN THE GOVERNMENTAL 7 OR POLITICAL SUBDIVISION IMPACTED BY THE TERM LIMITATION OR RESTRICTION 8 IS PROHIBITED FROM MODIFYING OR ABOLISHING SUCH TERM LIMITATION OR 9 RESTRICTION BY LEGISLATIVE ACTION. IN ORDER FOR A LEGISLATIVE BODY TO 10 MODIFY OR ABOLISH A TERM LIMITATION OR RESTRICTION INITIALLY IMPOSED BY 11 REFERENDUM, SUCH LEGISLATIVE BODY MUST SUBMIT A RESOLUTION TO THE APPRO- 12 PRIATE QUALIFIED ELECTORS OR VOTERS (HEREINAFTER, "ELECTORS") FOR THEIR 13 APPROVAL AT A REGULAR OR SPECIAL ELECTION (HEREINAFTER, "SECOND REFEREN- 14 DUM"). SUCH RESOLUTION SHALL BE ADOPTED BY THE APPROPRIATE LEGISLATIVE 15 BODY AT LEAST NINETY DAYS PRIOR TO THE DATE THAT THE SECOND REFERENDUM 16 IS CONDUCTED. NO SUCH RESOLUTION SHALL BECOME EFFECTIVE UNTIL APPROVED 17 BY THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE APPROPRIATE QUALIFIED 18 ELECTORS VOTING ON SUCH SECOND REFERENDUM. THE VOTE ON SUCH SECOND 19 REFERENDUM SHALL BE CONDUCTED PURSUANT TO THE RULES AND REGULATIONS OF 20 THE STATE BOARD OF ELECTIONS; PROVIDED THAT SUCH VOTE SHALL BE TAKEN NO 21 LATER THAN THE FIRST TUESDAY IN MARCH IN THE SAME YEAR THAT A GENERAL 22 ELECTION IS SCHEDULED TO BE HELD FOR THE OFFICE OR OFFICES SUBJECT TO 23 TERM LIMIT MODIFICATION OR ABOLISHMENT. IF THE APPROPRIATE LEGISLATIVE 24 BODY PUTS FORTH SUCH A RESOLUTION AND IF A MAJORITY OF THE VOTES CAST ON EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03701-08-9 S. 5812 2 1 ANY SUCH SECOND REFERENDUM WHEN SUBMITTED AS PROVIDED IN THIS SECTION 2 SHALL BE IN THE AFFIRMATIVE, THE TERMS OF OFFICE OF THOSE ELECTED OFFI- 3 CERS INCLUDED IN SUCH SECOND REFERENDUM AND THEREAFTER ELECTED SHALL BE 4 AS PROVIDED IN SUCH SECOND REFERENDUM. THE REFERENDUM PROCESS REQUIRED 5 BY THIS SECTION SHALL NOT PROHIBIT OR IN ANY WAY ALTER THE PROCESS BY 6 WHICH A TERM LIMITATION CAN BE MODIFIED OR ABOLISHED BY A CITIZEN OR 7 PUBLICLY INITIATED REFERENDUM OTHERWISE AUTHORIZED BY THE LAW OF THE 8 RELEVANT JURISDICTION. THIS SECTION SHALL SUPERSEDE ANY OTHER STATE LAW 9 OR REGULATION, CITY CHARTER OR POLITICAL SUBDIVISION LAW, RULE, REGU- 10 LATION, CODE OR ORDINANCE TO THE CONTRARY. FOR THE PURPOSES OF THIS 11 SECTION THE TERMS "ELECTED OFFICIAL" AND "ELECTED OFFICE" SHALL MEAN AN 12 ELECTED OFFICIAL OR ELECTED OFFICE OF ANY COUNTY, CITY, MUNICIPALITY, 13 TOWN, VILLAGE OR POLITICAL SUBDIVISION, EXCEPT JUDGES OR JUSTICES OF THE 14 UNIFIED COURT SYSTEM. 15 S 2. This act shall take effect January 1, 2010.