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

                                  3072

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD89076-01-1

A. 3072                             2

  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
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.