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S01587 Summary:

BILL NOS01587
 
SAME ASNo Same As
 
SPONSORGRIFFO
 
COSPNSRGALLIVAN, ORTT, WALCZYK
 
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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S01587 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1587
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 10, 2025
                                       ___________
 
        Introduced  by  Sens.  GRIFFO, GALLIVAN, ORTT, WALCZYK -- read twice and
          ordered printed, and when printed to be committed 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 Assembly concur), That section 1 of  arti-
     2  cle 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
    22  line  of  succession and the next person in the line of succession shall
    23  act as governor.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89023-01-5

        S. 1587                             2
 
     1    § 2. Resolved (if the Assembly concur), That section 1 of article 5 of
     2  the constitution be amended to read as follows:
     3    Section 1. The comptroller and attorney-general shall be chosen at the
     4  same general election as the governor and hold office for the same term,
     5  and  shall  possess  the qualifications provided in section 2 of article
     6  IV. The legislature shall provide for filling vacancies in the office of
     7  comptroller and of attorney-general. No election of a comptroller or  an
     8  attorney-general shall be had except at the time of electing a governor.
     9  No person shall be elected to the office of comptroller or attorney-gen-
    10  eral  who has previously been elected to such office more than once. The
    11  limitation on the terms of office that any person can be elected to  the
    12  office  of comptroller or attorney-general shall not apply to any person
    13  holding the office of comptroller or attorney-general on  the  effective
    14  date  of  this sentence. The comptroller shall be required: (1) to audit
    15  all vouchers before payment and all official accounts; (2) to audit  the
    16  accrual  and  collection  of  all  revenues  and  receipts;  and  (3) to
    17  prescribe such methods of accounting as are necessary for  the  perform-
    18  ance  of the foregoing duties. The payment of any money of the state, or
    19  of any money under its control, or the refund of any money paid  to  the
    20  state,  except  upon audit by the comptroller, shall be void, and may be
    21  restrained upon the suit of any taxpayer with the consent of the supreme
    22  court in appellate division on notice to the attorney-general.  In  such
    23  respect  the legislature shall define the powers and duties and may also
    24  assign to [him or her] the comptroller:  (1) supervision of the accounts
    25  of any political subdivision of the state; and  (2)  powers  and  duties
    26  pertaining  to  or  connected  with  the assessment and taxation of real
    27  estate, including determination of ratios which the  assessed  valuation
    28  of  taxable  real  property bears to the full valuation thereof, but not
    29  including any of those powers and duties reserved to officers of a coun-
    30  ty, city, town or village  by  virtue  of  [sections  seven  and  eight]
    31  section  one of article nine and section thirteen of article thirteen of
    32  this constitution. The legislature shall assign  to  [him  or  her]  the
    33  comptroller  no  administrative  duties,  excepting such as may be inci-
    34  dental to the performance of these functions,  any  other  provision  of
    35  this constitution to the contrary notwithstanding.
    36    § 3. Resolved (if the Assembly concur), That section 2 of article 3 of
    37  the constitution be amended to read as follows:
    38    §  2. The senate shall consist of fifty members, except as hereinafter
    39  provided. The senators elected in the year one  thousand  eight  hundred
    40  and  ninety-five  shall  hold  their  offices for three years, and their
    41  successors shall be chosen for two years. The assembly shall consist  of
    42  one  hundred and fifty members. The assembly members elected in the year
    43  one thousand nine hundred and thirty-eight, and their successors,  shall
    44  be chosen for two years.
    45    No person shall serve as a member of the legislature for more than six
    46  two-year  terms,  whether such service is as a senator, assembly member,
    47  or terms as a senator and an assembly member; provided that any  partial
    48  term of office held as a member of the legislature prior to the election
    49  to  a  two-year  term shall not be used to calculate any term limitation
    50  imposed pursuant to this paragraph.
    51    § 4.   Resolved (if  the  Assembly  concur),  That  the  foregoing  be
    52  referred  to  the  first regular legislative session convening after the
    53  next succeeding general election of members of  the  assembly,  and,  in
    54  conformity  with  section  1  of  article  19  of  the  constitution, be
    55  published for 3 months previous to the time of such election.
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