Bill Text: NY A01478 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes term limits for the offices of governor, attorney-general and comptroller; limits the amount of time any person can act as governor; limits terms of office of members of the legislature.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Introduced) 2019-03-01 - opinion referred to judiciary [A01478 Detail]

Download: New_York-2019-A01478-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1478
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced by M. of A. WOERNER -- Multi-Sponsored by -- M. of A. GIGLIO,
          MONTESANO -- read once and referred 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
     1    Section 1. Resolved (if the Senate concur), That section 1 of  article
     2  4 of the constitution be amended to read as follows:
     3    Section  1.  The  executive power shall be vested in the governor, who
     4  shall hold office for  four  years;  the  lieutenant-governor  shall  be
     5  chosen  at  the same time, and for the same term. The governor and lieu-
     6  tenant-governor shall be chosen at the general election held in the year
     7  nineteen hundred thirty-eight, and each fourth year  thereafter.    They
     8  shall  be  chosen jointly, by the casting by each voter of a single vote
     9  applicable to both offices, and the legislature by law shall provide for
    10  making such choice in such manner. The  respective  persons  having  the
    11  highest  number of votes cast jointly for them for governor and lieuten-
    12  ant-governor respectively shall be elected.  No person shall be  elected
    13  to  the  office  of  the governor more than twice, and no person who has
    14  held the office of governor or acted as governor for more than two years
    15  of a term to which another person was elected governor shall be  elected
    16  more  than once.   The limitation on the terms of office that any person
    17  can be elected to the office of governor shall not apply to  any  person
    18  holding  the  office of governor on the effective date of this sentence.
    19  Provided, further, that a person who  has  been  twice  elected  to  the
    20  office  of governor and who is in the line of succession to such office,
    21  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.
                                                                   LBD89008-01-9

        A. 1478                             2
     1  line  of  succession and the next person in the line of succession shall
     2  act as governor.
     3    §  2.  Resolved (if the Senate concur), That section 1 of article 5 of
     4  the constitution be amended to read as follows:
     5    Section 1. The comptroller and attorney-general shall be chosen at the
     6  same general election as the governor and hold office for the same term,
     7  and shall possess the qualifications provided in section  2  of  article
     8  IV. The legislature shall provide for filling vacancies in the office of
     9  comptroller  and of attorney-general. No election of a comptroller or an
    10  attorney-general shall be had except at the time of electing a governor.
    11  No person shall be elected to the office of comptroller or attorney-gen-
    12  eral who has previously been elected to such office more than once.  The
    13  limitation  the  terms  of  office that any person can be elected to the
    14  office of comptroller or attorney-general shall not apply to any  person
    15  holding  the  office of comptroller or attorney-general on the effective
    16  date of this sentence. The comptroller shall be required: (1)  to  audit
    17  all  vouchers before payment and all official accounts; (2) to audit the
    18  accrual and  collection  of  all  revenues  and  receipts;  and  (3)  to
    19  prescribe  such  methods of accounting as are necessary for the perform-
    20  ance of the foregoing duties. The payment of any money of the state,  or
    21  of  any  money under its control, or the refund of any money paid to the
    22  state, except upon audit by the comptroller, shall be void, and  may  be
    23  restrained upon the suit of any taxpayer with the consent of the supreme
    24  court  in  appellate division on notice to the attorney-general. In such
    25  respect the legislature shall define the powers and duties and may  also
    26  assign  to  him or her: (1) supervision of the accounts of any political
    27  subdivision of the state; and (2) powers and  duties  pertaining  to  or
    28  connected  with  the  assessment  and taxation of real estate, including
    29  determination of ratios which the assessed  valuation  of  taxable  real
    30  property  bears  to the full valuation thereof, but not including any of
    31  those powers and duties reserved to officers of a county, city, town  or
    32  village  by  virtue of [sections seven and eight] section one of article
    33  nine and section thirteen of article thirteen of this constitution.  The
    34  legislature shall assign to him or her no administrative duties, except-
    35  ing such as may be incidental to the performance of these functions, any
    36  other provision of this constitution to the contrary notwithstanding.
    37    §  3.  Resolved (if the Senate concur), That section 2 of article 3 of
    38  the constitution be amended to read as follows:
    39    § 2. The senate shall consist of fifty members, except as  hereinafter
    40  provided.  The  senators  elected in the year one thousand eight hundred
    41  and ninety-five shall hold their offices  for  three  years,  and  their
    42  successors  shall be chosen for two years. The assembly shall consist of
    43  one hundred and fifty members. The assembly members elected in the  year
    44  one  thousand nine hundred and thirty-eight, and their successors, shall
    45  be chosen for two years.
    46    No person shall serve as a member of the legislature for more than six
    47  two year terms, whether such service is as a senator,  assembly  member,
    48  or  terms as a senator and an assembly member; provided that any partial
    49  term of office held as a member of the legislature prior to the election
    50  to a two year term shall not be used to calculate  any  term  limitation
    51  imposed pursuant to this paragraph.
    52    §  4.  Resolved (if the Senate concur), That the foregoing be referred
    53  to the first  regular  legislative  session  convening  after  the  next
    54  succeeding general election of members of the assembly, and, in conform-
    55  ity with section 1 of article 19 of the constitution, be published for 3
    56  months previous to the time of such election.
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