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A02597 Summary:

BILL NOA02597
 
SAME ASSAME AS S01515
 
SPONSORWoerner
 
COSPNSRGiglio JM, Smullen, Walsh, Miller, Buttenschon
 
MLTSPNSR
 
Amd Art 4 §1, Art 5 §1, Art 3 §2, Constn
 
Establishes term limits for the offices of governor, attorney-general and comptroller; limits the amount of time any person can act as governor; limits terms of office of members of the legislature.
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A02597 Actions:

BILL NOA02597
 
01/26/2023referred to judiciary
01/27/2023to attorney-general for opinion
02/10/2023opinion referred to judiciary
01/03/2024referred to judiciary
01/08/2024to attorney-general for opinion
01/26/2024opinion referred to judiciary
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A02597 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2597
 
SPONSOR: Woerner
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 4 of the constitution, in relation to term limits for the office of governor; proposing an amendment to section 1 of article 5 of the constitution, in relation to term limits for the offices of comptroller and attorney-general; and proposing an amendment to section 2 of article 3 of the constitution, in relation to limiting the terms of office as a member of the legislature any person may serve   PURPOSE: This amendment to the constitution would limit the tenures of the offices of the governor, comptroller, attorney general, and members of the legislature.   SUMMARY OF PROVISIONS: Section 1: Provides that no person may be elected to the office of governor more than twice. And that, further, no person who has served more than two years of another governor's term of office may be elected more than once. Exempts from these limitations the present governor. Removes from the line of succession to the governorship any person who has been twice elected to the office of governor. Section 2: Provides that no person may be elected to the office of comp- troller or attorney general more than twice. Exempts from this limita- tion the present comptroller and attorney general. Section 3: Provides that no person shall serve as a member of the legis- lature for more than six two year terms whether as a senator, assembly member, or terms as a senator and an assembly member. Section 4: provides that the resolution becomes effective upon passage by two separately elected Legislatures and approval by the voters after such passage.   JUSTIFICATION: This bill is intended to keep New York State's leadership fresh and innovative, to allow an influx of new voices and perspectives in order to make better and broader the representation of the people of New York in the state's executive and legislative branches.   LEGISLATIVE HISTORY: A.2612 of 2022: Referred to Judiciary. S.3875 of 2022: Referred to Judiciary. A.1478 2020: Referred to Judiciary. S.2032 of 2020: Referred to Judiciary. A.9735 of 2018: Referred to Judiciary. S.1228 of 2018: Referred to Judiciary. A.7775 of 2016: Referred to Judiciary. S.4470 of 2016: Referred to Judiciary.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Effective upon passage by two separately elected Legislatures and approval by the voters after such passage.
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A02597 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2597
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2023
                                       ___________
 
        Introduced  by  M.  of A. WOERNER, J. M. GIGLIO, SMULLEN, WALSH, MILLER,
          BUTTENSCHON -- read once and referred to the Committee on Judiciary
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing an amendment to section 1 of article 4 of the constitution, in
          relation to term limits for  the  office  of  governor;  proposing  an
          amendment  to  section 1 of article 5 of the constitution, in relation
          to term limits for the offices of  comptroller  and  attorney-general;
          and  proposing an amendment to section 2 of article 3 of the constitu-
          tion, in relation to limiting the terms of office as a member  of  the
          legislature any person may serve
 
     1    Section  1. Resolved (if the Senate concur), That section 1 of article
     2  4 of the constitution be amended to read as follows:
     3    Section 1. The executive power shall be vested in  the  governor,  who
     4  shall  hold  office  for  four  years;  the lieutenant-governor shall be
     5  chosen at the same time, and for the same term. The governor  and  lieu-
     6  tenant-governor shall be chosen at the general election held in the year
     7  nineteen  hundred  thirty-eight,  and each fourth year thereafter.  They
     8  shall be chosen jointly, by the casting by each voter of a  single  vote
     9  applicable to both offices, and the legislature by law shall provide for
    10  making  such  choice  in  such manner. The respective persons having the
    11  highest number of votes cast jointly for them for governor and  lieuten-
    12  ant-governor  respectively shall be elected.  No person shall be elected
    13  to the office of the governor more than twice, and  no  person  who  has
    14  held the office of governor or acted as governor for more than two years
    15  of  a term to which another person was elected governor shall be elected
    16  more than once.  The limitation on the terms of office that  any  person
    17  can  be  elected to the office of governor shall not apply to any person
    18  holding the office of governor on the effective date of  this  sentence.
    19  Provided,  further,  that  a  person  who  has been twice elected to the
    20  office of governor and who is in the line of succession to such  office,
    21  pursuant  to  section  six  of this article, shall be passed over in the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89032-01-3

        A. 2597                             2
 
     1  line of succession and the next person in the line of  succession  shall
     2  act as governor.
     3    §  2.  Resolved (if the Senate concur), That section 1 of article 5 of
     4  the constitution be amended to read as follows:
     5    Section 1. The comptroller and attorney-general shall be chosen at the
     6  same general election as the governor and hold office for the same term,
     7  and shall possess the qualifications provided in section  2  of  article
     8  IV. The legislature shall provide for filling vacancies in the office of
     9  comptroller  and of attorney-general. No election of a comptroller or an
    10  attorney-general shall be had except at the time of electing a governor.
    11  No person shall be elected to the office of comptroller or attorney-gen-
    12  eral who has previously been elected to such office more than once.  The
    13  limitation  on the terms of office that any person can be elected to the
    14  office of comptroller or attorney-general shall not apply to any  person
    15  holding  the  office of comptroller or attorney-general on the effective
    16  date of this sentence. The comptroller shall be required: (1)  to  audit
    17  all  vouchers before payment and all official accounts; (2) to audit the
    18  accrual and  collection  of  all  revenues  and  receipts;  and  (3)  to
    19  prescribe  such  methods of accounting as are necessary for the perform-
    20  ance of the foregoing duties. The payment of any money of the state,  or
    21  of  any  money under its control, or the refund of any money paid to the
    22  state, except upon audit by the comptroller, shall be void, and  may  be
    23  restrained upon the suit of any taxpayer with the consent of the supreme
    24  court  in  appellate division on notice to the attorney-general. In such
    25  respect the legislature shall define the powers and duties and may  also
    26  assign  to  him or her: (1) supervision of the accounts of any political
    27  subdivision of the state; and (2) powers and  duties  pertaining  to  or
    28  connected  with  the  assessment  and taxation of real estate, including
    29  determination of ratios which the assessed  valuation  of  taxable  real
    30  property  bears  to the full valuation thereof, but not including any of
    31  those powers and duties reserved to officers of a county, city, town  or
    32  village  by  virtue of [sections seven and eight] section one of article
    33  nine and section thirteen of article thirteen of this constitution.  The
    34  legislature shall assign to him or her no administrative duties, except-
    35  ing such as may be incidental to the performance of these functions, any
    36  other provision of this constitution to the contrary notwithstanding.
    37    §  3.  Resolved (if the Senate concur), That section 2 of article 3 of
    38  the constitution be amended to read as follows:
    39    § 2. The senate shall consist of fifty members, except as  hereinafter
    40  provided.  The  senators  elected in the year one thousand eight hundred
    41  and ninety-five shall hold their offices  for  three  years,  and  their
    42  successors  shall be chosen for two years. The assembly shall consist of
    43  one hundred and fifty members. The assembly members elected in the  year
    44  one  thousand nine hundred and thirty-eight, and their successors, shall
    45  be chosen for two years.
    46    No person shall serve as a member of the legislature for more than six
    47  two-year terms, whether such service is as a senator,  assembly  member,
    48  or  terms as a senator and an assembly member; provided that any partial
    49  term of office held as a member of the legislature prior to the election
    50  to a two-year term shall not be used to calculate  any  term  limitation
    51  imposed pursuant to this paragraph.
    52    §  4.  Resolved (if the Senate concur), That the foregoing be referred
    53  to the first  regular  legislative  session  convening  after  the  next
    54  succeeding general election of members of the assembly, and, in conform-
    55  ity with section 1 of article 19 of the constitution, be published for 3
    56  months previous to the time of such election.
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