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
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6744
2021-2022 Regular Sessions
IN ASSEMBLY
March 29, 2021
___________
Introduced by M. of A. LAWLER -- 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.
LBD89120-01-1
A. 6744 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 more than twice, and no person who has held the office of comp-
13 troller or attorney-general or acted as comptroller or attorney-general
14 for more than two years of a term to which another person was elected
15 comptroller or attorney-general shall be elected to such office more
16 than once. The limitation on the terms of office that any person can be
17 elected to the office of comptroller or attorney-general shall not apply
18 to any person holding the office of comptroller or attorney-general on
19 the effective date of this sentence. The comptroller shall be required:
20 (1) to audit all vouchers before payment and all official accounts; (2)
21 to audit the accrual and collection of all revenues and receipts; and
22 (3) to prescribe such methods of accounting as are necessary for the
23 performance of the foregoing duties. The payment of any money of the
24 state, or of any money under its control, or the refund of any money
25 paid to the state, except upon audit by the comptroller, shall be void,
26 and may be restrained upon the suit of any taxpayer with the consent of
27 the supreme court in appellate division on notice to the attorney-gener-
28 al. In such respect the legislature shall define the powers and duties
29 and may also assign to him or her: (1) supervision of the accounts of
30 any political subdivision of the state; and (2) powers and duties
31 pertaining to or connected with the assessment and taxation of real
32 estate, including determination of ratios which the assessed valuation
33 of taxable real property bears to the full valuation thereof, but not
34 including any of those powers and duties reserved to officers of a coun-
35 ty, city, town or village by virtue of [sections seven and eight]
36 section one of article nine and section thirteen of article thirteen of
37 this constitution. The legislature shall assign to him or her no admin-
38 istrative duties, excepting such as may be incidental to the performance
39 of these functions, any other provision of this constitution to the
40 contrary notwithstanding.
41 § 3. Resolved (if the Senate concur), That section 2 of article 3 of
42 the constitution be amended to read as follows:
43 § 2. The senate shall consist of fifty members, except as hereinafter
44 provided. The senators elected in the year one thousand eight hundred
45 and ninety-five shall hold their offices for three years, and their
46 successors shall be chosen for two years. The assembly shall consist of
47 one hundred and fifty members. The assembly members elected in the year
48 one thousand nine hundred and thirty-eight, and their successors, shall
49 be chosen for two years.
50 No person shall serve as a member of the legislature for more than
51 five two-year terms, whether such service is as a senator, assembly
52 member, or terms as a senator and an assembly member; provided that any
53 partial term of office held as a member of the legislature prior to the
54 election to a two-year term shall not be used to calculate any term
55 limitation imposed pursuant to this paragraph.
A. 6744 3
1 § 4. Resolved (if the Senate concur), That the foregoing be referred
2 to the first regular legislative session convening after the next
3 succeeding general election of members of the assembly, and, in conform-
4 ity with section 1 of article 19 of the constitution, be published for 3
5 months previous to the time of such election.