S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9095
 
                           I N  A S S E M B L Y
 
                             February 7, 2024
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee 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 and lieutenant-gov-
   ernor; and proposing an amendment to section 1 of  article  5  of  the
   constitution,  in  relation  to  term  limits for the offices of comp-
   troller and attorney-general
 
   Section 1. Resolved (if the Senate concur), That section 1 of  article
 4 of the constitution be amended to read as follows:
   Section  1.  (A)  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.
   (B) NO PERSON SHALL BE ELECTED TO THE OFFICE OF THE GOVERNOR MORE THAN
 THREE TIMES. PROVIDED, HOWEVER, ANY TERM ALREADY  SERVED  BY  A  SITTING
 GOVERNOR  PRIOR  TO  THE  AMENDMENTS  TO THIS SECTION BEING APPROVED AND
 RATIFIED BY THE PEOPLE AND COMING INTO EFFECT SHALL BE EXCLUDED FROM THE
 LIMITS ON SERVICE SET FORTH BY THIS SECTION. PROVIDED, FURTHER,  THAT  A
 PERSON  WHO HAS BEEN THRICE 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.
   (C) NO PERSON SHALL BE ELECTED TO THE OFFICE OF THE  LIEUTENANT-GOVER-
 NOR MORE THAN THREE TIMES. PROVIDED, HOWEVER, ANY TERM ALREADY SERVED BY
 A  SITTING  LIEUTENANT-GOVERNOR  PRIOR TO THE AMENDMENTS TO THIS SECTION
 BEING APPROVED AND RATIFIED BY THE PEOPLE AND COMING INTO  EFFECT  SHALL
 BE  EXCLUDED  FROM  THE  LIMITS  ON  SERVICE  SET FORTH BY THIS SECTION.
 PROVIDED, FURTHER, THAT A PERSON WHO HAS  BEEN  THRICE  ELECTED  TO  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89126-03-4
 A. 9095                             2

 OFFICE  OF  LIEUTENANT-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 LIEUTENANT-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 WHO HAS PREVIOUSLY BEEN ELECTED TO  SUCH  OFFICE  MORE  THAN  THREE
 TIMES,  PROVIDED,  HOWEVER,  ANY  TERM ALREADY SERVED BY A SITTING COMP-
 TROLLER OR ATTORNEY-GENERAL PRIOR TO THE AMENDMENTS  TO    THIS  SECTION
 BEING  APPROVED  AND RATIFIED BY THE PEOPLE AND COMING INTO EFFECT SHALL
 BE EXCLUDED FROM THE LIMITS ON SERVICE SET FORTH BY  THIS  SECTION.  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 account-
 ing  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 administrative 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 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.