S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8405
 
                             I N  S E N A T E
 
                                May 4, 2018
                                ___________
 
 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 TWO 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 ONE ADDITIONAL TERM. 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  PROVISION.   PROVIDED, FURTHER, THAT A PERSON WHO HAS BEEN ELECTED
 TWO TIMES 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 Assembly 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.
                                                            LBD89142-03-8

 S. 8405                             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 MORE THAN TWO TIMES, AND NO PERSON WHO HAS HELD THE OFFICE OF COMP-
 TROLLER 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 ONE ADDI-
 TIONAL TERM.  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-GENER-
 AL ON THE EFFECTIVE DATE OF THIS PROVISION.  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 neces-
 sary 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 Assembly 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] SHALL BE ELECTED for two years
 UNTIL THE YEAR TWO THOUSAND TWENTY-TWO; SENATORS ELECTED IN THE YEAR TWO
 THOUSAND TWENTY-TWO AND IN ALL SUBSEQUENT YEARS  SHALL  BE  ELECTED  FOR
 FOUR  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] SHALL
 BE ELECTED for two years UNTIL THE YEAR TWO THOUSAND TWENTY-TWO;  ASSEM-
 BLY  MEMBERS  ELECTED  IN  THE  YEAR  TWO THOUSAND TWENTY-TWO AND IN ALL
 SUBSEQUENT YEARS SHALL BE ELECTED FOR FOUR YEARS.
   NO PERSON ELECTED AS A MEMBER OF THE SENATE OR  AS  A  MEMBER  OF  THE
 ASSEMBLY IN THE YEAR TWO THOUSAND TWENTY-TWO AND IN ALL SUBSEQUENT YEARS
 SHALL SERVE AS A MEMBER OF THE LEGISLATURE FOR MORE THAN THREE FOUR YEAR
 TERMS,  WHETHER  SUCH SERVICE IS AS A SENATOR, AS AN ASSEMBLY MEMBER, OR
 TERMS AS A SENATOR AND AN ASSEMBLY MEMBER COMBINED;  PROVIDED  THAT  ANY
 PARTIAL  TERM OF OFFICE HELD AS A MEMBER OF THE LEGISLATURE PRIOR TO THE

 S. 8405                             3

 ELECTION TO A FOUR YEAR TERM SHALL NOT BE USED  TO  CALCULATE  ANY  TERM
 LIMITATION IMPOSED PURSUANT TO THIS PARAGRAPH.
   § 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 conform-
 ity with section 1 of article 19 of the constitution, be published for 3
 months previous to the time of such election.