S T A T E   O F   N E W   Y O R K
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                                  4470

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 23, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed 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

  Section  1. Resolved (if the Assembly concur), That section 1 of arti-
cle 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89081-01-5
              

S. 4470                             2

LINE OF SUCCESSION AND THE NEXT PERSON IN THE LINE OF  SUCCESSION  SHALL
ACT AS GOVERNOR.
  S 2. Resolved (if the Assembly 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
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 Assembly concur), That section 2 of article 3 of
the constitution be amended to read as follows:
  S 2. The senate shall consist of fifty members, except as  hereinafter
provided.  The  senators  elected in the year one thousand eight hundred
and ninety-five shall hold their offices  for  three  years,  and  their
successors  shall be chosen for two years. The assembly shall consist of
one hundred and fifty members. The assembly members elected in the  year
one  thousand nine hundred and thirty-eight, and their successors, shall
be chosen for two years.
  NO PERSON SHALL SERVE AS A MEMBER OF THE LEGISLATURE FOR MORE THAN SIX
TWO YEAR TERMS, WHETHER SUCH SERVICE IS AS A SENATOR,  ASSEMBLY  MEMBER,
OR  TERMS AS A SENATOR AND AN ASSEMBLY MEMBER; PROVIDED THAT ANY PARTIAL
TERM OF OFFICE HELD AS A MEMBER OF THE LEGISLATURE PRIOR TO THE ELECTION
TO A TWO YEAR TERM SHALL NOT BE USED TO CALCULATE  ANY  TERM  LIMITATION
IMPOSED PURSUANT TO THIS PARAGRAPH.
  S  4.    Resolved  (if  the  Assembly  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
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.