senate Bill S2218A

2013-2014 Legislative Session

Imposes term limits for the offices of governor, comptroller and attorney-general

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 06, 2014 opinion referred to judiciary
Mar 10, 2014 print number 2218a
amend and recommit to judiciary
Feb 19, 2014 opinion referred to judiciary
Jan 13, 2014 to attorney-general for opinion
Jan 08, 2014 referred to judiciary
Feb 15, 2013 opinion referred to judiciary
Jan 22, 2013 to attorney-general for opinion
Jan 14, 2013 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S2218 - Bill Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 §1, Art 5 §1, Art 3 §2, Constn
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2847
2009-2010: S3138

S2218 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S2218

TITLE OF BILL: 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; and 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

PURPOSE: This amendment to the constitution would limit the tenures
of the offices of the governor, comptroller and attorney general.

SUMMARY OF PROVISIONS:

Section 1 Provides that no person may be elected to the office of
governor more than twice. And that, further, no person who has served
more than two years of another governor's term of office may be
elected more than once. Exempts from these limitations from the
present governor. Removes from the line of succession to the
governorship any person who has been twice elected to the office of
governor.

Section 2: Provides that no person may be elected to the office of
comptroller or attorney general more than twice. Exempts from this
limitation the present comptroller and attorney general.

Section 3 provides that the resolution becomes effective upon passage
by two separately elected Legislatures and approval by the voters
after such passage.

JUSTIFICATION: This bill is intended to keep New York State's
leadership fresh and innovative, to allow an influx of new voices and
perspectives in order to make better and broader the representation of
the people of New York in the state's executive branch.

LEGISLATIVE HISTORY: 2011-12 - S. 2847 - Judiciary Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Effective upon passage by two separately elected
Legislatures and approval by the voters after such passage.

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

                                  2218

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sens. GRIFFO, DeFRANCISCO, LARKIN, LAVALLE -- 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; and  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

  Section 1. Resolved (if the Assembly concur), That section 1 of  arti-
cle 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 BE  ELECTED
TO  THE  OFFICE  OF  THE GOVERNOR MORE THAN TWICE, AND NO PERSON WHO HAS
HELD THE OFFICE OF GOVERNOR OR ACTED AS GOVERNOR FOR MORE THAN TWO YEARS
OF A TERM TO WHICH ANOTHER PERSON WAS ELECTED GOVERNOR SHALL BE  ELECTED
MORE  THAN ONCE.   THE LIMITATION ON THE TERMS OF OFFICE THAT ANY PERSON
CAN BE ELECTED TO THE OFFICE OF GOVERNOR SHALL NOT APPLY TO  ANY  PERSON
HOLDING  THE  OFFICE OF GOVERNOR ON THE EFFECTIVE DATE OF THIS SENTENCE.
PROVIDED, FURTHER, THAT A PERSON WHO  HAS  BEEN  TWICE  ELECTED  TO  THE
OFFICE  OF GOVERNOR AND WHO IS IN THE LINE OF SUCCESSION TO SUCH OFFICE,
PURSUANT TO SECTION SIX OF THIS ARTICLE, SHALL BE  PASSED  OVER  IN  THE
LINE  OF  SUCCESSION AND THE NEXT PERSON IN THE LINE OF SUCCESSION SHALL
ACT AS GOVERNOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89076-01-3

S. 2218                             2

  S 2. Resolved (if the Assembly 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  shall  possess  the qualifications provided in section 2 of article
IV. The legislature shall provide for filling vacancies in the office of
comptroller and of attorney-general. No election of a comptroller or  an
attorney-general shall be had except at the time of electing a governor.
NO PERSON SHALL BE ELECTED TO THE OFFICE OF COMPTROLLER OR ATTORNEY-GEN-
ERAL  WHO HAS PREVIOUSLY BEEN ELECTED TO SUCH OFFICE MORE THAN ONCE. THE
LIMITATION THE TERMS OF OFFICE THAT ANY PERSON CAN  BE  ELECTED  TO  THE
OFFICE  OF COMPTROLLER OR ATTORNEY-GENERAL SHALL NOT APPLY TO ANY PERSON
HOLDING THE OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL ON  THE  EFFECTIVE
DATE  OF  THIS SENTENCE. 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 methods of accounting as are necessary for  the  perform-
ance  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 division 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] SECTION ONE  of  article
nine  AND SECTION THIRTEEN OF ARTICLE THIRTEEN of this constitution. The
legislature shall assign to him or her no administrative duties, except-
ing such as may be incidental to the performance of these functions, any
other provision of this constitution to the contrary notwithstanding.
  S 3.   Resolved (if  the  Assembly  concur),  That  the  foregoing  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 for 3 months previous to the time of such election.

Co-Sponsors

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S2218A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 4 §1, Art 5 §1, Art 3 §2, Constn
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2847
2009-2010: S3138

S2218A (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S2218A

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing an amendment to section 1 of article 4 of the constitution, in
relation to term limits for the office of governor; proposing an amend-
ment to section 1 of article 5 of the constitution, in relation to term
limits for the offices of comptroller and attorney-general; and propos-
ing an amendment to section 2 of article 3 of the constitution, in
relation to limiting the terms of office as a member of the legislature
any person may serve

PURPOSE: This amendment to the constitution would limit the tenures of
the offices of the governor, comptroller, attorney general, and members
of the legislature.

SUMMARY OF PROVISIONS:

Section 1: Provides that no person may be elected to the office of
governor more than twice. And that, further, no person who has served
more than two years of another governor's term of office may be elected
more than once. Exempts from these limitations from the present gover-
nor. Removes from the line of succession to the governorship any person
who has been twice elected to the office of governor.

Section 2: Provides that no person may be elected to the office of comp-
troller or attorney general more than twice. Exempts from this limita-
tion the present comptroller and attorney general.

Section 3: Provides that no person shall serve as a member of the legis-
lature for more than six two year terms whether as a senator, assembly
member, or terms as a senator and an assembly member.

Section 4: provides that the resolution becomes effective upon passage
by two separately elected Legislatures and approval by the voters after
such passage.

JUSTIFICATION: This bill is intended to keep New York State's leader-
ship fresh and innovative, to allow an influx of new voices and perspec-
tives in order to make better and broader the representation of the
people of New York in the state's executive and legislative branches.

LEGISLATIVE HISTORY: 2013 - Judiciary Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Effective upon passage by two separately elected Legis-
latures and approval by the voters after such passage.

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

                                 2218--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced   by   Sens.  GRIFFO,  BALL,  DeFRANCISCO,  LARKIN,  LAVALLE,
  MARCHIONE -- read twice and ordered printed, and when  printed  to  be
  committed  to the Committee on Judiciary -- recommitted to the Commit-
  tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

            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

  Section  1. Resolved (if the Assembly concur), That section 1 of arti-
cle 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 BE ELECTED
TO THE OFFICE OF THE GOVERNOR MORE THAN TWICE, AND  NO  PERSON  WHO  HAS
HELD THE OFFICE OF GOVERNOR OR ACTED AS GOVERNOR FOR MORE THAN TWO YEARS
OF  A TERM TO WHICH ANOTHER PERSON WAS ELECTED GOVERNOR SHALL BE ELECTED
MORE THAN ONCE.  THE LIMITATION ON THE TERMS OF OFFICE THAT  ANY  PERSON
CAN  BE  ELECTED TO THE OFFICE OF GOVERNOR SHALL NOT APPLY TO ANY PERSON
HOLDING THE OFFICE OF GOVERNOR ON THE EFFECTIVE DATE OF  THIS  SENTENCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89076-03-4

S. 2218--A                          2

PROVIDED,  FURTHER,  THAT  A  PERSON  WHO  HAS BEEN TWICE ELECTED TO THE
OFFICE OF GOVERNOR AND WHO IS IN THE LINE OF SUCCESSION TO SUCH  OFFICE,
PURSUANT  TO  SECTION  SIX  OF THIS ARTICLE, SHALL BE PASSED OVER IN THE
LINE  OF  SUCCESSION AND THE NEXT PERSON IN THE LINE OF SUCCESSION SHALL
ACT AS GOVERNOR.
  S 2. Resolved (if the Assembly 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 shall possess the qualifications provided in section  2  of  article
IV. The legislature shall provide for filling vacancies in the office of
comptroller  and of attorney-general. No election of a comptroller or an
attorney-general shall be had except at the time of electing a governor.
NO PERSON SHALL BE ELECTED TO THE OFFICE OF COMPTROLLER OR ATTORNEY-GEN-
ERAL WHO HAS PREVIOUSLY BEEN ELECTED TO SUCH OFFICE MORE THAN ONCE.  THE
LIMITATION  THE  TERMS  OF  OFFICE THAT ANY PERSON CAN BE ELECTED TO THE
OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL SHALL NOT APPLY TO ANY  PERSON
HOLDING  THE  OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL ON THE EFFECTIVE
DATE OF THIS SENTENCE. 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  methods of accounting as are necessary for the perform-
ance 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 division 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] SECTION ONE of article
nine AND SECTION THIRTEEN OF ARTICLE THIRTEEN of this constitution.  The
legislature shall assign to him or her no administrative duties, except-
ing such as may be incidental to the performance of these functions, any
other provision of this constitution to the contrary notwithstanding.
  S 3. Resolved (if the Assembly concur), That section 2 of article 3 of
the constitution be amended to read as follows:
  S  2. The senate shall consist of fifty members, except as hereinafter
provided. The senators elected in the year one  thousand  eight  hundred
and  ninety-five  shall  hold  their  offices for three years, and their
successors shall be chosen for two years. The assembly shall consist  of
one  hundred and fifty members. The assembly members elected in the year
one thousand nine hundred and thirty-eight, and their successors,  shall
be chosen for two years.
  NO PERSON SHALL SERVE AS A MEMBER OF THE LEGISLATURE FOR MORE THAN SIX
TWO  YEAR  TERMS, WHETHER SUCH SERVICE IS AS A SENATOR, ASSEMBLY MEMBER,
OR TERMS AS A SENATOR AND AN ASSEMBLY MEMBER; PROVIDED THAT ANY  PARTIAL
TERM OF OFFICE HELD AS A MEMBER OF THE LEGISLATURE PRIOR TO THE ELECTION
TO  A  TWO  YEAR TERM SHALL NOT BE USED TO CALCULATE ANY TERM LIMITATION
IMPOSED PURSUANT TO THIS PARAGRAPH.
  S 4.   Resolved (if  the  Assembly  concur),  That  the  foregoing  be
referred  to  the  first regular legislative session convening after the

S. 2218--A                          3

next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.

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