S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1171

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Governmental Operations

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 1 of article 4 and section 1 of  arti-
  cle 5 of the constitution, in relation to limiting the governor, lieu-
  tenant-governor,  the  comptroller  and  the  attorney-general  to two
  consecutive terms in such offices

  Section 1. Resolved (if the Senate concur), That section 1 of  article
4 of the constitution be amended to read as follows:
  Section  1.  The  executive power shall be vested in the governor, who
shall hold office for  four  years;  the  lieutenant-governor  shall  be
chosen  at  the same time, and for the same term. The governor and lieu-
tenant-governor shall be chosen at the general election held in the year
nineteen hundred thirty-eight, and each fourth year  thereafter.    They
shall  be  chosen jointly, by the casting by each voter of a single vote
applicable to both offices, and the legislature by law shall provide for
making such choice in such manner. The  respective  persons  having  the
highest  number of votes cast jointly for them for governor and lieuten-
ant-governor respectively shall be elected. NO  PERSON  SHALL  HOLD  THE
OFFICE  OF GOVERNOR OR LIEUTENANT-GOVERNOR FOR MORE THAN TWO CONSECUTIVE
TERMS.
  S 2. Resolved (if the Senate concur), That section 1 of article  5  of
the constitution be amended to read as follows:
  Section 1. The comptroller and attorney-general shall be chosen at the
same  general election as the governor and hold office for the same term
AND UNDER THE SAME RESTRICTIONS, and shall  possess  the  qualifications
provided  in section 2 of article IV. NO PERSON SHALL HOLD THE OFFICE OF
COMPTROLLER OR ATTORNEY-GENERAL FOR MORE THAN TWO CONSECUTIVE TERMS. The
legislature shall provide for filling vacancies in the office  of  comp-
troller  and  of  attorney-general.  No  election of a comptroller or an
attorney-general shall be had except at the time of electing a governor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD89034-01-9

A. 1171                             2

The comptroller shall be required: (1)  to  audit  all  vouchers  before
payment  and  all  official  accounts;  (2)  to  audit  the  accrual and
collection of all revenues and receipts; and (3) to prescribe such meth-
ods  of accounting as are necessary for the performance of the foregoing
duties. The payment of any money of the state, or of any money under its
control, or the refund of any money paid to the state, except upon audit
by the comptroller, shall be void, and may be restrained upon  the  suit
of any taxpayer with the consent of the supreme court in appellate divi-
sion  on notice to the attorney-general. In such respect the legislature
shall define the powers and duties and may also assign to  him  or  her:
(1)  supervision  of  the  accounts  of any political subdivision of the
state; and (2) powers and duties pertaining to  or  connected  with  the
assessment  and  taxation  of  real  estate,  including determination of
ratios which the assessed valuation of taxable real  property  bears  to
the  full  valuation  thereof, but not including any of those powers and
duties reserved to officers of a county, city, town or village by virtue
of [sections seven and eight of article  nine]  ANY  PROVISION  of  this
constitution.  The legislature shall assign to him or her no administra-
tive duties, excepting such as may be incidental to the  performance  of
these functions, any other provision of this constitution to the contra-
ry notwithstanding.
  S 3. Resolved (if the Senate concur), That the provisions of the fore-
going  amendments  shall apply only to terms of offices commencing after
such amendments shall have been adopted pursuant to section 1 of article
19 of the constitution.
  S 4. Resolved (if the Senate concur), That the foregoing amendments be
referred to the first regular legislative session  convening  after  the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published three months previous to the time of such election.