S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9735
 
                           I N  A S S E M B L Y
 
                             February 5, 2018
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee 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 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.
   §  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.
                                                            LBD89056-01-7

 A. 9735                             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.
   §  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 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.
   §  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.