S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1228
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sens.  GRIFFO,  CROCI,  FUNKE,  GALLIVAN,  MURPHY, ORTT,
   RANZENHOFER -- 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.
                                                            LBD89056-01-7

 S. 1228                             2
 
 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:
   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 Assembly 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  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.