Bill Text: NY A06744 | 2021-2022 | 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: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2022-05-10 - held for consideration in judiciary [A06744 Detail]
Download: New_York-2021-A06744-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6744 2021-2022 Regular Sessions IN ASSEMBLY March 29, 2021 ___________ Introduced by M. of A. LAWLER -- 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. LBD89120-01-1A. 6744 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 more than twice, and no person who has held the office of comp- 13 troller or attorney-general or acted as comptroller or attorney-general 14 for more than two years of a term to which another person was elected 15 comptroller or attorney-general shall be elected to such office more 16 than once. The limitation on the terms of office that any person can be 17 elected to the office of comptroller or attorney-general shall not apply 18 to any person holding the office of comptroller or attorney-general on 19 the effective date of this sentence. The comptroller shall be required: 20 (1) to audit all vouchers before payment and all official accounts; (2) 21 to audit the accrual and collection of all revenues and receipts; and 22 (3) to prescribe such methods of accounting as are necessary for the 23 performance of the foregoing duties. The payment of any money of the 24 state, or of any money under its control, or the refund of any money 25 paid to the state, except upon audit by the comptroller, shall be void, 26 and may be restrained upon the suit of any taxpayer with the consent of 27 the supreme court in appellate division on notice to the attorney-gener- 28 al. In such respect the legislature shall define the powers and duties 29 and may also assign to him or her: (1) supervision of the accounts of 30 any political subdivision of the state; and (2) powers and duties 31 pertaining to or connected with the assessment and taxation of real 32 estate, including determination of ratios which the assessed valuation 33 of taxable real property bears to the full valuation thereof, but not 34 including any of those powers and duties reserved to officers of a coun- 35 ty, city, town or village by virtue of [sections seven and eight] 36 section one of article nine and section thirteen of article thirteen of 37 this constitution. The legislature shall assign to him or her no admin- 38 istrative duties, excepting such as may be incidental to the performance 39 of these functions, any other provision of this constitution to the 40 contrary notwithstanding. 41 § 3. Resolved (if the Senate concur), That section 2 of article 3 of 42 the constitution be amended to read as follows: 43 § 2. The senate shall consist of fifty members, except as hereinafter 44 provided. The senators elected in the year one thousand eight hundred 45 and ninety-five shall hold their offices for three years, and their 46 successors shall be chosen for two years. The assembly shall consist of 47 one hundred and fifty members. The assembly members elected in the year 48 one thousand nine hundred and thirty-eight, and their successors, shall 49 be chosen for two years. 50 No person shall serve as a member of the legislature for more than 51 five two-year terms, whether such service is as a senator, assembly 52 member, or terms as a senator and an assembly member; provided that any 53 partial term of office held as a member of the legislature prior to the 54 election to a two-year term shall not be used to calculate any term 55 limitation imposed pursuant to this paragraph.A. 6744 3 1 § 4. Resolved (if the Senate concur), That the foregoing be referred 2 to the first regular legislative session convening after the next 3 succeeding general election of members of the assembly, and, in conform- 4 ity with section 1 of article 19 of the constitution, be published for 3 5 months previous to the time of such election.
