Bill Text: NY S00676 | 2017-2018 | 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 2-0)
Status: (Introduced - Dead) 2018-02-15 - OPINION REFERRED TO JUDICIARY [S00676 Detail]
Download: New_York-2017-S00676-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 676 2017-2018 Regular Sessions IN SENATE January 4, 2017 ___________ Introduced by Sen. JACOBS -- 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 1 Section 1. Resolved (if the Assembly concur), That section 1 of arti- 2 cle 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 three times, and no person who 14 has held the office of governor or acted as governor for more than two 15 years of a term to which another person was elected governor shall be 16 elected to more than two additional terms. The limitation on the terms 17 of office that any person can be elected to the office of governor shall 18 not apply to any person holding the office of governor on the effective 19 date of this sentence. Provided, further, that a person who has been 20 elected three times to the office of governor and who is in the line of 21 succession to such office, pursuant to section six of this article, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89065-04-7S. 676 2 1 shall be passed over in the line of succession and the next person in 2 the line of succession shall act as governor. 3 § 2. Resolved (if the Assembly 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 three times, and no person who has held the office of 13 comptroller or attorney-general, or acted as comptroller or attorney- 14 general for more than two years of a term to which another person was 15 elected comptroller or attorney-general shall be elected to more than 16 two additional terms. The limitation on the terms of office that any 17 person can be elected to the office of comptroller or attorney-general 18 shall not apply to any person holding the office of comptroller or 19 attorney-general on the effective date of this sentence. The comptroller 20 shall be required: (1) to audit all vouchers before payment and all 21 official accounts; (2) to audit the accrual and collection of all reven- 22 ues and receipts; and (3) to prescribe such methods of accounting as are 23 necessary for the performance of the foregoing duties. The payment of 24 any money of the state, or of any money under its control, or the refund 25 of any money paid to the state, except upon audit by the comptroller, 26 shall be void, and may be restrained upon the suit of any taxpayer with 27 the consent of the supreme court in appellate division on notice to the 28 attorney-general. In such respect the legislature shall define the 29 powers and duties and may also assign to him or her: (1) supervision of 30 the accounts of any political subdivision of the state; and (2) powers 31 and duties pertaining to or connected with the assessment and taxation 32 of real estate, including determination of ratios which the assessed 33 valuation of taxable real property bears to the full valuation thereof, 34 but not including any of those powers and duties reserved to officers of 35 a county, 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 Assembly 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] sixty-three members, except 44 as hereinafter provided. The senators elected in the year one thousand 45 eight hundred and ninety-five shall hold their offices for three years, 46 and their successors shall be chosen for two years. The assembly shall 47 consist of one hundred and fifty members. The assembly members elected 48 in the year one thousand nine hundred and thirty-eight, and their 49 successors, shall be chosen for two years. 50 No person shall serve as a member of the legislature for more than six 51 two year terms, whether such service is as a senator, assembly member, 52 or terms as a senator and an assembly member; provided that any partial 53 term of office held as a member of the legislature prior to the election 54 to a two year term shall not be used to calculate any term limitation 55 imposed pursuant to this paragraph.S. 676 3 1 § 4. Resolved (if the Assembly concur), That the foregoing 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 for 3 months previous to the time of such election.
