Arroyo, Giglio, Smullen, Walsh, Johns, Crouch, Miller B, Walczyk, Buttenschon
MLTSPNSR
Montesano
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.
STATE OF NEW YORK
________________________________________________________________________
1478
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
___________
Introduced by M. of A. WOERNER -- Multi-Sponsored by -- M. of A. GIGLIO,
MONTESANO -- 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.
LBD89008-01-9
A. 1478 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 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.
