Bill Text: NY S04352 | 2015-2016 | 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-04-06 - OPINION REFERRED TO JUDICIARY [S04352 Detail]

Download: New_York-2015-S04352-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4352
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 16, 2015
                                      ___________
       Introduced  by Sen. HAMILTON -- 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 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 Assembly concur), That section 2 of arti-
    2  cle 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 EIGHTEEN  AND  IN  SUBSE-
    8  QUENT 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 EIGHTEEN 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
   19  NOT  BE  USED  TO CALCULATE ANY TERM LIMITATION IMPOSED PURSUANT TO THIS
   20  PARAGRAPH.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89075-01-5
       S. 4352                             2
    1    S 2. Resolved (if the Assembly concur), That section 1 of article 4 of
    2  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  HOLD  THE
   13  OFFICE  OF  GOVERNOR  OR LIEUTENANT-GOVERNOR FOR MORE THAN THREE CONSEC-
   14  UTIVE FOUR YEAR TERMS; PROVIDED THAT ANY PARTIAL TERM OF  OFFICE  SERVED
   15  IN  EITHER  SUCH OFFICE PRIOR TO THE ELECTION TO A CONSECUTIVE FOUR YEAR
   16  TERM SHALL NOT BE USED TO CALCULATE ANY TERM LIMITATION IMPOSED PURSUANT
   17  TO THIS SECTION.
   18    S 3. Resolved (if the Assembly concur), That section 1 of article 5 of
   19  the constitution be amended to read as follows:
   20    Section 1. The comptroller and attorney-general shall be chosen at the
   21  same general election as the governor and hold office for the same term,
   22  and shall possess the qualifications provided in section  2  of  article
   23  IV.  NO  PERSON SHALL HOLD THE OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL
   24  FOR MORE THAN THREE CONSECUTIVE  FOUR  YEAR  TERMS;  PROVIDED  THAT  ANY
   25  PARTIAL  TERM  OF  OFFICE  SERVED  IN  EITHER  SUCH  OFFICE PRIOR TO THE
   26  ELECTION TO A CONSECUTIVE FOUR YEAR TERM SHALL NOT BE USED TO  CALCULATE
   27  ANY  TERM  LIMITATION  IMPOSED PURSUANT TO THIS SECTION. The legislature
   28  shall provide for filling vacancies in the office of comptroller and  of
   29  attorney-general.  No  election  of a comptroller or an attorney-general
   30  shall be had except at the time of electing a governor.  The comptroller
   31  shall be required: (1) to audit all  vouchers  before  payment  and  all
   32  official accounts; (2) to audit the accrual and collection of all reven-
   33  ues and receipts; and (3) to prescribe such methods of accounting as are
   34  necessary  for  the  performance of the foregoing duties. The payment of
   35  any money of the state, or of any money under its control, or the refund
   36  of any money paid to the state, except upon audit  by  the  comptroller,
   37  shall  be void, and may be restrained upon the suit of any taxpayer with
   38  the consent of the supreme court in appellate division on notice to  the
   39  attorney-general.  In  such  respect  the  legislature  shall define the
   40  powers and duties and may also assign to him or her: (1) supervision  of
   41  the  accounts  of any political subdivision of the state; and (2) powers
   42  and duties pertaining to or connected with the assessment  and  taxation
   43  of  real  estate,  including  determination of ratios which the assessed
   44  valuation of taxable real property bears to the full valuation  thereof,
   45  but not including any of those powers and duties reserved to officers of
   46  a  county,  city, town or village [by virtue of sections seven and eight
   47  of article nine of this constitution]. The legislature shall  assign  to
   48  him or her no administrative duties, excepting such as may be incidental
   49  to  the  performance  of  these  functions,  any other provision of this
   50  constitution to the contrary notwithstanding.
   51    S 4. Resolved (if the Assembly concur), That  the  provisions  of  the
   52  foregoing  amendments  shall  apply  only to terms of offices commencing
   53  after such amendments shall have been adopted pursuant to section  1  of
   54  article 19 of the constitution.
   55    S  5. Resolved (if the Assembly concur), That the foregoing amendments
   56  be referred to the first regular legislative session convening after the
       S. 4352                             3
    1  next succeeding general election of members of  the  assembly,  and,  in
    2  conformity  with  section  1  of  article  19  of  the  constitution, be
    3  published three months previous to the time of such election.