Bill Text: NY A04302 | 2011-2012 | General Assembly | Introduced

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Bill Title: Increases the term of office of members of the legislature to 4 years; limits statewide elected officers and legislators to 3 consecutive 4 year terms.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-02-16 - opinion referred to judiciary [A04302 Detail]

Download: New_York-2011-A04302-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4302
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by  M. of A. CAMARA, KOLB, SAYWARD, CASTRO, BARRON -- Multi-
         Sponsored by -- M. of A. McDONOUGH -- read once and  referred  to  the
         Committee on Governmental Operations
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing an amendment to section 2 of article 3 of the constitution, in
         relation  to increasing the terms of office of members of the legisla-
         ture to four years and limiting the terms of office as a member of the
         legislature any person may serve; proposing an amendment to section  1
         of article 4 of the constitution, in relation to limiting the terms of
         office  as  governor  or lieutenant governor any person may serve; and
         proposing an amendment to section 1 of article 5 of the  constitution,
         in  relation  to limiting the terms of office as comptroller or attor-
         ney-general any person may serve
    1    Section 1. RESOLVED (if the Senate concur), That section 2 of  article
    2  3 of the constitution be amended to read as follows:
    3    S  2. The senate shall consist of fifty members, except as hereinafter
    4  provided. The senators [elected in the year one thousand  eight  hundred
    5  and  ninety-five  shall  hold  their  offices for three years, and their
    6  successors] shall be [chosen] ELECTED for TERMS OF two years;  PROVIDED,
    7  THAT  SENATORS ELECTED IN THE YEAR TWO THOUSAND TWELVE AND IN SUBSEQUENT
    8  YEARS SHALL HOLD THEIR OFFICES FOR  FOUR  YEARS.    The  assembly  shall
    9  consist  of one hundred and fifty members. The assembly members [elected
   10  in the year one  thousand  nine  hundred  and  thirty-eight,  and  their
   11  successors,] shall be [chosen] ELECTED for TERMS OF two years; PROVIDED,
   12  THAT  ASSEMBLY  MEMBERS  ELECTED  IN THE YEAR TWO THOUSAND TWELVE AND IN
   13  SUBSEQUENT YEARS SHALL HOLD THEIR OFFICES FOR FOUR YEARS.
   14    NO PERSON SHALL SERVE AS A MEMBER OF THE  LEGISLATURE  FOR  MORE  THAN
   15  THREE CONSECUTIVE FOUR YEAR TERMS, WHETHER SUCH SERVICE IS AS A SENATOR,
   16  ASSEMBLY  MEMBER,  OR  CONSECUTIVE  TERMS  AS  A SENATOR AND AN ASSEMBLY
   17  MEMBER; PROVIDED THAT ANY PARTIAL TERM OF OFFICE HELD AS A MEMBER OF THE
   18  LEGISLATURE PRIOR TO THE ELECTION TO A CONSECUTIVE FOUR YEAR TERM  SHALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89050-01-1
       A. 4302                             2
    1  NOT  BE  USED  TO CALCULATE ANY TERM LIMITATION IMPOSED PURSUANT TO THIS
    2  PARAGRAPH.
    3    S  2.  RESOLVED (if the Senate concur), That section 1 of article 4 of
    4  the constitution be amended to read as follows:
    5    Section 1. The executive power shall be vested in  the  governor,  who
    6  shall  hold  office  for  four  years;  the lieutenant-governor shall be
    7  chosen at the same time, and for the same term. The governor  and  lieu-
    8  tenant-governor shall be chosen at the general election held in the year
    9  nineteen  hundred  thirty-eight,  and each fourth year thereafter.  They
   10  shall be chosen jointly, by the casting by each voter of a  single  vote
   11  applicable to both offices, and the legislature by law shall provide for
   12  making  such  choice  in  such manner. The respective persons having the
   13  highest number of votes cast jointly for them for governor and  lieuten-
   14  ant-governor  respectively  shall be elected.   NO PERSON SHALL HOLD THE
   15  OFFICE OF GOVERNOR OR LIEUTENANT-GOVERNOR FOR MORE  THAN  THREE  CONSEC-
   16  UTIVE  FOUR  YEAR TERMS; PROVIDED THAT ANY PARTIAL TERM OF OFFICE SERVED
   17  IN EITHER SUCH OFFICE PRIOR TO THE ELECTION TO A CONSECUTIVE  FOUR  YEAR
   18  TERM SHALL NOT BE USED TO CALCULATE ANY TERM LIMITATION IMPOSED PURSUANT
   19  TO THIS SECTION.
   20    S  3.  RESOLVED (if the Senate concur), That section 1 of article 5 of
   21  the constitution be amended to read as follows:
   22    Section 1. The comptroller and attorney-general shall be chosen at the
   23  same general election as the governor and hold office for the same term,
   24  and shall possess the qualifications provided in section  2  of  article
   25  IV.  NO  PERSON SHALL HOLD THE OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL
   26  FOR MORE THAN THREE CONSECUTIVE  FOUR  YEAR  TERMS;  PROVIDED  THAT  ANY
   27  PARTIAL  TERM  OF  OFFICE  SERVED  IN  EITHER  SUCH  OFFICE PRIOR TO THE
   28  ELECTION TO A CONSECUTIVE FOUR YEAR TERM SHALL NOT BE USED TO  CALCULATE
   29  ANY  TERM  LIMITATION  IMPOSED PURSUANT TO THIS SECTION. The legislature
   30  shall provide for filling vacancies in the office of comptroller and  of
   31  attorney-general.  No  election  of a comptroller or an attorney-general
   32  shall be had except at the time of electing a governor.  The comptroller
   33  shall be required: (1) to audit all  vouchers  before  payment  and  all
   34  official accounts; (2) to audit the accrual and collection of all reven-
   35  ues and receipts; and (3) to prescribe such methods of accounting as are
   36  necessary  for  the  performance of the foregoing duties. The payment of
   37  any money of the state, or of any money under its control, or the refund
   38  of any money paid to the state, except upon audit  by  the  comptroller,
   39  shall  be void, and may be restrained upon the suit of any taxpayer with
   40  the consent of the supreme court in appellate division on notice to  the
   41  attorney-general.  In  such  respect  the  legislature  shall define the
   42  powers and duties and may also assign to him or her: (1) supervision  of
   43  the  accounts  of any political subdivision of the state; and (2) powers
   44  and duties pertaining to or connected with the assessment  and  taxation
   45  of  real  estate,  including  determination of ratios which the assessed
   46  valuation of taxable real property bears to the full valuation  thereof,
   47  but not including any of those powers and duties reserved to officers of
   48  a  county,  city, town or village [by virtue of sections seven and eight
   49  of article nine of this constitution]. The legislature shall  assign  to
   50  him or her no administrative duties, excepting such as may be incidental
   51  to  the  performance  of  these  functions,  any other provision of this
   52  constitution to the contrary notwithstanding.
   53    S 4. RESOLVED (if the Senate concur), That the provisions of the fore-
   54  going amendments shall apply only to terms of offices  commencing  after
   55  such amendments shall have been adopted pursuant to section 1 of article
   56  19 of the constitution.
       A. 4302                             3
    1    S 5. RESOLVED (if the Senate concur), That the foregoing amendments be
    2  referred  to  the  first regular legislative session convening after the
    3  next succeeding general election of members of  the  assembly,  and,  in
    4  conformity  with  section  1  of  article  19  of  the  constitution, be
    5  published three months previous to the time of such election.