S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5828
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2017
                                ___________
 
 Introduced by M. of A. KEARNS -- read once and referred to the Committee
   on Governmental Operations
 
             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 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 THREE TIMES, 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 TO MORE THAN TWO ADDITIONAL TERMS.  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
 ELECTED  THREE TIMES TO THE OFFICE OF GOVERNOR AND WHO IS IN THE LINE OF
 SUCCESSION TO SUCH OFFICE, PURSUANT TO  SECTION  SIX  OF  THIS  ARTICLE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89065-04-7

 A. 5828                             2
 
 SHALL  BE  PASSED  OVER IN THE LINE OF SUCCESSION AND THE NEXT PERSON IN
 THE LINE OF SUCCESSION SHALL ACT AS GOVERNOR.
   §  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
 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 MORE THAN THREE TIMES, AND NO PERSON WHO HAS  HELD  THE  OFFICE  OF
 COMPTROLLER  OR  ATTORNEY-GENERAL,  OR ACTED AS COMPTROLLER OR ATTORNEY-
 GENERAL FOR MORE THAN TWO YEARS OF A TERM TO WHICH  ANOTHER  PERSON  WAS
 ELECTED  COMPTROLLER  OR  ATTORNEY-GENERAL SHALL BE ELECTED TO MORE THAN
 TWO ADDITIONAL TERMS. THE LIMITATION ON 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 reven-
 ues and receipts; and (3) to prescribe such methods of accounting as are
 necessary for the performance 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  admin-
 istrative duties, excepting such as may be incidental to the performance
 of  these  functions,  any  other  provision of this constitution to the
 contrary notwithstanding.
   § 3. Resolved (if the Senate concur), That section 2 of article  3  of
 the constitution be amended to read as follows:
   §  2.  The senate shall consist of [fifty] SIXTY-THREE 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.

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   § 4.  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.