Bill Text: NY S02046 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to term limits for the office of governor; term limits for the offices of comptroller and attorney-general; and to limiting the terms of office as a member of the legislature any person may serve.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-03-16 - NOTICE OF COMMITTEE CONSIDERATION - REQUESTED [S02046 Detail]

Download: New_York-2019-S02046-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2046
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 22, 2019
                                       ___________
        Introduced by Sens. GRIFFO, FUNKE -- 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 two times, 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  to more than one additional term. The limitation on the terms of  office
    17  that any person can be elected to the office of governor shall not apply
    18  to  any  person  holding the office of governor on the effective date of
    19  this provision.  Provided, further, that a person who has  been  elected
    20  two times to the office of governor and who is in the line of succession
    21  to such office, pursuant to section six of this article, shall be passed
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89075-01-9
        S. 2046                             2
     1  over  in  the  line  of  succession  and  the next person in the line of
     2  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 two times, 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 more than one  addi-
    16  tional  term.  The limitation on the terms of office that any person can
    17  be elected to the office of comptroller or  attorney-general  shall  not
    18  apply to any person holding the office of comptroller or attorney-gener-
    19  al  on  the  effective  date of this provision. The comptroller shall be
    20  required: (1) to audit all vouchers  before  payment  and  all  official
    21  accounts;  (2)  to  audit the accrual and collection of all revenues and
    22  receipts; and (3) to prescribe such methods of accounting as are  neces-
    23  sary  for  the  performance  of the foregoing duties. The payment of any
    24  money of the state, or of any money under its control, or the refund  of
    25  any money paid to the state, except upon audit by the comptroller, shall
    26  be  void,  and  may be restrained upon the suit of any taxpayer with the
    27  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] shall be  elected  for  two  years
    47  until  the  year two thousand twenty-three; senators elected in the year
    48  two thousand twenty-three and in all subsequent years shall  be  elected
    49  for  four  years.    The assembly shall consist of one hundred and fifty
    50  members. The assembly members [elected in the  year  one  thousand  nine
    51  hundred  and  thirty-eight, and their successors, shall be chosen] shall
    52  be elected for two years  until  the  year  two  thousand  twenty-three;
    53  assembly  members  elected  in the year two thousand twenty-three and in
    54  all subsequent years shall be elected for four years.
    55    No person elected as a member of the senate or  as  a  member  of  the
    56  assembly  in  the  year  two thousand twenty-three and in all subsequent
        S. 2046                             3
     1  years shall serve as a member of the legislature  for  more  than  three
     2  four  year  terms,  whether such service is as a senator, as an assembly
     3  member, or terms as a senator and an assembly member combined;  provided
     4  that  any  partial  term  of  office held as a member of the legislature
     5  prior to the election to a four year term shall not be used to calculate
     6  any term limitation imposed pursuant to this paragraph.
     7    § 4. Resolved (if the Assembly concur), That the foregoing be referred
     8  to the first  regular  legislative  session  convening  after  the  next
     9  succeeding general election of members of the assembly, and, in conform-
    10  ity with section 1 of article 19 of the constitution, be published for 3
    11  months previous to the time of such election.