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A10427 Summary:

BILL NOA10427
 
SAME ASNo Same As
 
SPONSORShrestha
 
COSPNSR
 
MLTSPNSR
 
Amd Art 3 §2, Art 4 §1, Art 5 §1, Constn
 
Increases the length of the term of office for members of the legislature from two to four years with no member serving more than sixteen years; imposes term limits on the governor, lieutenant-governor, comptroller, and attorney-general.
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A10427 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10427
 
                   IN ASSEMBLY
 
                                      March 6, 2026
                                       ___________
 
        Introduced by M. of A. SHRESTHA -- read once and referred to the Commit-
          tee on Governmental Operations
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing an amendment to section 2 of article 3 of the constitution, in
          relation to increasing the length of the term of office for members of
          the  legislature;  proposing an amendment to section 1 of article 4 of
          the constitution, in relation to term limits for the office of  gover-
          nor  and  lieutenant-governor; and 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
 
     1    Section  1. Resolved (if the Senate concur), That section 2 of article
     2  3 of the constitution be amended to read as follows:
     3    § 2. The senate shall consist of fifty members, except as  hereinafter
     4  provided.  The  senators [elected in the year one thousand eight hundred
     5  and ninety-five shall hold their offices  for  three  years,  and  their
     6  successors]  shall  be  [chosen]  elected  for [two] terms of four years
     7  provided, further, no senator shall serve for more than  sixteen  years.
     8  The  assembly shall consist of one hundred and fifty members. The assem-
     9  bly members [elected in the year one thousand nine hundred  and  thirty-
    10  eight,  and their successors,] shall be [chosen] elected for [two] terms
    11  of four years; provided, however, no assembly  member  shall  serve  for
    12  more than sixteen years. Provided, further, any term already served by a
    13  sitting  senator  or  assembly  member  prior  to the amendments to this
    14  section being approved and ratified by the people and coming into effect
    15  shall be excluded from the limits on service set forth by this section.
    16    § 2. Resolved (if the Senate concur), That section 1 of article  4  of
    17  the constitution be amended to read as follows:
    18    Section  1.  (a)  The executive power shall be vested in the governor,
    19  who shall hold office for four years; the lieutenant-governor  shall  be
    20  chosen  at  the same time, and for the same term. The governor and lieu-
    21  tenant-governor shall be chosen at the general election held in the year
    22  nineteen hundred thirty-eight, and each fourth year  thereafter.    They
    23  shall  be  chosen jointly, by the casting by each voter of a single vote
    24  applicable to both offices, and the legislature by law shall provide for
    25  making such choice in such manner. The  respective  persons  having  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89125-01-5

        A. 10427                            2

     1  highest  number of votes cast jointly for them for governor and lieuten-
     2  ant-governor respectively shall be elected.
     3    (b) No person shall be elected to the office of the governor more than
     4  three  times.    Provided, however, any term already served by a sitting
     5  governor prior to the amendments to   this section  being  approved  and
     6  ratified by the people and coming into effect shall be excluded from the
     7  limits  on service set forth by this section.  Provided, further, that a
     8  person who has been thrice elected to the office of governor and who  is
     9  in  the  line  of  succession to such office, pursuant to section six of
    10  this article, shall be passed over in the line  of  succession  and  the
    11  next person in the line of succession shall act as governor.
    12    (c)  No person shall be elected to the office of the lieutenant-gover-
    13  nor more than three times. Provided, however, any term already served by
    14  a sitting lieutenant-governor prior to the amendments to   this  section
    15  being  approved  and ratified by the people and coming into effect shall
    16  be excluded from the limits  on  service  set  forth  by  this  section.
    17  Provided,  further,  that  a  person  who has been thrice elected to the
    18  office of lieutenant-governor and who is in the line  of  succession  to
    19  such  office,  pursuant  to section six of this article, shall be passed
    20  over in the line of succession and  the  next  person  in  the  line  of
    21  succession shall act as lieutenant-governor.
    22    §  3.  Resolved (if the Senate concur), That section 1 of article 5 of
    23  the constitution be amended to read as follows:
    24    Section 1. The comptroller and attorney-general shall be chosen at the
    25  same general election as the governor and hold office for the same term,
    26  and shall possess the qualifications provided in section  2  of  article
    27  IV. The legislature shall provide for filling vacancies in the office of
    28  comptroller  and of attorney-general. No election of a comptroller or an
    29  attorney-general shall be had except at the time of electing a governor.
    30  No person shall be elected to the office of comptroller or attorney-gen-
    31  eral who has previously been elected to  such  office  more  than  three
    32  times.    Provided,  however, any term already served by a sitting comp-
    33  troller or attorney-general prior to  the  amendments  to  this  section
    34  being  approved  and ratified by the people and coming into effect shall
    35  be excluded from the limits on service set forth by  this  section.  The
    36  comptroller  shall be required: (1) to audit all vouchers before payment
    37  and all official accounts; (2) to audit the accrual  and  collection  of
    38  all revenues and receipts; and (3) to prescribe such methods of account-
    39  ing  as  are  necessary for the performance of the foregoing duties. The
    40  payment of any money of the state, or of any money under its control, or
    41  the refund of any money paid to the state,  except  upon  audit  by  the
    42  comptroller,  shall  be void, and may be restrained upon the suit of any
    43  taxpayer with the consent of the supreme court in appellate division  on
    44  notice  to  the  attorney-general. In such respect the legislature shall
    45  define the powers and duties and may also assign to [him  or  her]  such
    46  person:  (1) supervision of the accounts of any political subdivision of
    47  the state; and (2) powers and duties pertaining to or connected with the
    48  assessment  and  taxation  of  real  estate,  including determination of
    49  ratios which the assessed valuation of taxable real  property  bears  to
    50  the  full  valuation  thereof, but not including any of those powers and
    51  duties reserved to officers of a county, city, town or village by virtue
    52  of [sections seven and eight] section one of article  nine  and  section
    53  thirteen of article thirteen of this constitution. The legislature shall
    54  assign  to  [him or her] such person no administrative duties, excepting
    55  such as may be incidental to the performance  of  these  functions,  any
    56  other provision of this constitution to the contrary notwithstanding.

        A. 10427                            3
 
     1    § 4. Resolved (if the Senate concur), That the foregoing amendments be
     2  referred  to  the  first regular legislative session convening after the
     3  next succeeding general election of members of  the  assembly,  and,  in
     4  conformity  with  section  1  of  article  19  of  the  constitution, be
     5  published for three months previous to the time of such election.
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