S T A T E   O F   N E W   Y O R K
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                                  9531

                          I N  A S S E M B L Y

                            January 12, 2010
                               ___________

Introduced  by  M.  of  A.  SCHROEDER  --  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; 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

  Section 1. Resolved (if the Senate concur), That section 1 of  article
4 of the constitution be amended to read as follows:
  Section  1.  The  executive power shall be vested in the governor, who
shall hold office for  four  years;  the  lieutenant-governor  shall  be
chosen  at  the same time, and for the same term. The governor and lieu-
tenant-governor shall be chosen at the general election held in the year
nineteen hundred thirty-eight, and each fourth year  thereafter.    They
shall  be  chosen jointly, by the casting by each voter of a single vote
applicable to both offices, and the legislature by law shall provide for
making such choice in such manner. The  respective  persons  having  the
highest  number of votes cast jointly for them for governor and lieuten-
ant-governor respectively shall be elected.  NO PERSON SHALL BE  ELECTED
TO  THE  OFFICE  OF  THE GOVERNOR MORE THAN TWICE, AND NO PERSON WHO HAS
HELD THE OFFICE OF GOVERNOR OR ACTED AS GOVERNOR FOR MORE THAN TWO YEARS
OF A TERM TO WHICH ANOTHER PERSON WAS ELECTED GOVERNOR SHALL BE  ELECTED
MORE  THAN ONCE.   THE LIMITATION ON THE TERMS OF OFFICE THAT ANY PERSON
CAN BE ELECTED TO THE OFFICE OF GOVERNOR SHALL NOT APPLY TO  ANY  PERSON
HOLDING  THE  OFFICE OF GOVERNOR ON THE EFFECTIVE DATE OF THIS SENTENCE.
PROVIDED, FURTHER, THAT A PERSON WHO  HAS  BEEN  TWICE  ELECTED  TO  THE
OFFICE  OF GOVERNOR AND WHO IS IN THE LINE OF SUCCESSION TO SUCH OFFICE,
PURSUANT TO SECTION SIX OF THIS ARTICLE, SHALL BE  PASSED  OVER  IN  THE
LINE  OF  SUCCESSION AND THE NEXT PERSON IN THE LINE OF SUCCESSION SHALL
ACT AS GOVERNOR.
  S 2. Resolved (if the Senate concur), That section 1 of article  5  of
the constitution be amended to read as follows:
  Section 1. The comptroller and attorney-general shall be chosen at the
same general election as the governor and hold office for the same term,
and  shall  possess  the qualifications provided in section 2 of article

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD89099-01-9

A. 9531                             2

IV. The legislature shall provide for filling vacancies in the office of
comptroller and of attorney-general. No election of a comptroller or  an
attorney-general shall be had except at the time of electing a governor.
NO PERSON SHALL BE ELECTED TO THE OFFICE OF COMPTROLLER OR ATTORNEY-GEN-
ERAL  WHO HAS PREVIOUSLY BEEN ELECTED TO SUCH OFFICE MORE THAN ONCE. THE
LIMITATION THE TERMS OF OFFICE THAT ANY PERSON CAN  BE  ELECTED  TO  THE
OFFICE  OF COMPTROLLER OR ATTORNEY-GENERAL SHALL NOT APPLY TO ANY PERSON
HOLDING THE OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL ON  THE  EFFECTIVE
DATE  OF  THIS SENTENCE. The comptroller shall be required: (1) to audit
all vouchers before payment and all official accounts; (2) to audit  the
accrual  and  collection  of  all  revenues  and  receipts;  and  (3) to
prescribe such methods of accounting as are necessary for  the  perform-
ance  of the foregoing duties. The payment of any money of the state, or
of any money under its control, or the refund of any money paid  to  the
state,  except  upon audit by the comptroller, shall be void, and may be
restrained upon the suit of any taxpayer with the consent of the supreme
court in appellate division on notice to the attorney-general.  In  such
respect  the legislature shall define the powers and duties and may also
assign to him or her: (1) supervision of the accounts of  any  political
subdivision  of  the  state;  and (2) powers and duties pertaining to or
connected with the assessment and taxation  of  real  estate,  including
determination  of  ratios  which  the assessed valuation of taxable real
property bears to the full valuation thereof, but not including  any  of
those  powers and duties reserved to officers of a county, city, town or
village by virtue of [sections seven and eight] SECTION ONE  of  article
nine  AND SECTION THIRTEEN OF ARTICLE THIRTEEN of this constitution. The
legislature shall assign to him or her no administrative duties, except-
ing such as may be incidental to the performance of these functions, any
other provision of this constitution to the contrary notwithstanding.
  S 3.  Resolved (if the Senate concur), That the foregoing be  referred
to  the  first  regular  legislative  session  convening  after the next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.