Relates to term limits for the office of governor; term limits for the offices of comptroller and attorney-general; limits the terms of office as a member of the legislature any person may serve.
STATE OF NEW YORK
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1439
2023-2024 Regular Sessions
IN SENATE
January 11, 2023
___________
Introduced by Sens. GRIFFO, GALLIVAN, ORTT -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary
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 two times, 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 to more than one additional term. The limitation on the terms of office
17 that any person can be elected to the office of governor shall not apply
18 to any person holding the office of governor on the effective date of
19 this provision. Provided, further, that a person who has been elected
20 two times to the office of governor and who is in the line of succession
21 to such office, pursuant to section six of this article, shall be passed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89031-01-3
S. 1439 2
1 over in the line of succession and the next person in the line of
2 succession shall act as governor.
3 § 2. Resolved (if the Assembly 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 two times, 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 more than one addi-
16 tional term. The limitation on the terms of office that any person can
17 be elected to the office of comptroller or attorney-general shall not
18 apply to any person holding the office of comptroller or attorney-gener-
19 al on the effective date of this provision. The comptroller shall be
20 required: (1) to audit all vouchers before payment and all official
21 accounts; (2) to audit the accrual and collection of all revenues and
22 receipts; and (3) to prescribe such methods of accounting as are neces-
23 sary for the performance of the foregoing duties. The payment of any
24 money of the state, or of any money under its control, or the refund of
25 any money paid to the state, except upon audit by the comptroller, shall
26 be void, and may be restrained upon the suit of any taxpayer with the
27 consent of the supreme court in appellate division on notice to the
28 attorney-general. In such respect the legislature shall define the
29 powers and duties and may also assign to him or her: (1) supervision of
30 the accounts of any political subdivision of the state; and (2) powers
31 and duties pertaining to or connected with the assessment and taxation
32 of real estate, including determination of ratios which the assessed
33 valuation of taxable real property bears to the full valuation thereof,
34 but not including any of those powers and duties reserved to officers of
35 a county, 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 Assembly 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] sixty-three members, except
44 as hereinafter provided. The senators [elected in the year one thousand
45 eight hundred and ninety-five shall hold their offices for three years,
46 and their successors shall be chosen] shall be elected for two years
47 until the year two thousand twenty-seven; senators elected in the year
48 two thousand twenty-seven and in all subsequent years shall be elected
49 for four years. The assembly shall consist of one hundred and fifty
50 members. The assembly members [elected in the year one thousand nine
51 hundred and thirty-eight, and their successors, shall be chosen] shall
52 be elected for two years until the year two thousand twenty-seven;
53 assembly members elected in the year two thousand twenty-seven and in
54 all subsequent years shall be elected for four years.
55 No person elected as a member of the senate or as a member of the
56 assembly in the year two thousand twenty-seven and in all subsequent
S. 1439 3
1 years shall serve as a member of the legislature for more than three
2 four year terms, whether such service is as a senator, as an assembly
3 member, or terms as a senator and an assembly member combined; provided
4 that any partial term of office held as a member of the legislature
5 prior to the election to a four year term shall not be used to calculate
6 any term limitation imposed pursuant to this paragraph.
7 § 4. Resolved (if the Assembly concur), That the foregoing be referred
8 to the first regular legislative session convening after the next
9 succeeding general election of members of the assembly, and, in conform-
10 ity with section 1 of article 19 of the constitution, be published for 3
11 months previous to the time of such election.
