Bill Text: NY S01536 | 2009-2010 | General Assembly | Amended

New York Senate Bill 1536 (Prior Session Legislation)

Amended

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 5-0)

Status: (Introduced - Dead) 2010-05-18 - NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN [S01536 Detail]

Download: New_York-2009-S01536-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1536--C
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2009
                                      ___________
       Introduced  by  Sens.  PARKER,  HUNTLEY, KLEIN, ONORATO, SAMPSON -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee  on Elections -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to  said  committee  --  reported
         favorably from said committee, ordered to a first report and committed
         to  the  Committee  on  Finance -- committee discharged, bill amended,
         ordered reprinted as amended and  recommitted  to  said  committee  --
         recommitted  to  the  Committee on Elections in accordance with Senate
         Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03701-11-0
       S. 1536--C                          2
    1  BY  THE  AFFIRMATIVE  VOTE OF THE MAJORITY OF THE  APPROPRIATE QUALIFIED
    2  ELECTORS VOTING ON SUCH SECOND REFERENDUM.   THE  VOTE  ON  SUCH  SECOND
    3  REFERENDUM  SHALL  BE CONDUCTED PURSUANT TO THE RULES AND REGULATIONS OF
    4  THE  STATE BOARD OF ELECTIONS; PROVIDED THAT SUCH VOTE SHALL BE TAKEN NO
    5  LATER THAN THE FIRST TUESDAY IN MARCH IN THE SAME YEAR  THAT  A  GENERAL
    6  ELECTION  IS  SCHEDULED  TO BE HELD FOR THE OFFICE OR OFFICES SUBJECT TO
    7  TERM LIMIT MODIFICATION OR ABOLISHMENT. IF THE  APPROPRIATE  LEGISLATIVE
    8  BODY PUTS FORTH SUCH A RESOLUTION AND IF A MAJORITY OF THE VOTES CAST ON
    9  ANY  SUCH  SECOND  REFERENDUM WHEN SUBMITTED AS PROVIDED IN THIS SECTION
   10  SHALL BE IN THE AFFIRMATIVE, THE TERMS OF OFFICE OF THOSE ELECTED  OFFI-
   11  CERS  INCLUDED IN SUCH SECOND REFERENDUM AND THEREAFTER ELECTED SHALL BE
   12  AS PROVIDED IN SUCH SECOND REFERENDUM.  THE REFERENDUM PROCESS  REQUIRED
   13  BY  THIS  SECTION  SHALL NOT PROHIBIT OR IN ANY WAY ALTER THE PROCESS BY
   14  WHICH A TERM LIMITATION CAN BE MODIFIED OR ABOLISHED  BY  A  CITIZEN  OR
   15  PUBLICLY  INITIATED  REFERENDUM  OTHERWISE  AUTHORIZED BY THE LAW OF THE
   16  RELEVANT JURISDICTION.  THIS SECTION SHALL SUPERSEDE ANY OTHER STATE LAW
   17  OR REGULATION, CITY CHARTER OR POLITICAL SUBDIVISION  LAW,  RULE,  REGU-
   18  LATION,  CODE  OR  ORDINANCE  TO  THE CONTRARY. FOR THE PURPOSES OF THIS
   19  SECTION THE TERMS "ELECTED OFFICIAL" AND "ELECTED OFFICE" SHALL MEAN  AN
   20  ELECTED  OFFICIAL  OR  ELECTED OFFICE OF ANY COUNTY, CITY, MUNICIPALITY,
   21  TOWN, VILLAGE OR POLITICAL SUBDIVISION, EXCEPT JUDGES OR JUSTICES OF THE
   22  UNIFIED COURT SYSTEM.
   23    S 2. This act shall take effect July 1, 2010.