Senate Bill S676

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    676
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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
 
   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 THREE TIMES, 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  TO MORE THAN TWO ADDITIONAL TERMS.  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
 ELECTED THREE TIMES TO THE OFFICE OF GOVERNOR AND WHO IS IN THE LINE  OF
 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.
              

                                                            LBD89065-04-7

 S. 676                              2
 
 SHALL BE PASSED OVER IN THE LINE OF SUCCESSION AND THE  NEXT  PERSON  IN
 THE LINE OF SUCCESSION SHALL ACT AS GOVERNOR.
   § 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  MORE  THAN  THREE  TIMES, AND NO PERSON WHO HAS HELD THE OFFICE OF
 COMPTROLLER OR ATTORNEY-GENERAL, OR ACTED AS  COMPTROLLER  OR  ATTORNEY-
 GENERAL  FOR  MORE  THAN TWO YEARS OF A TERM TO WHICH ANOTHER PERSON WAS
 ELECTED COMPTROLLER OR ATTORNEY-GENERAL SHALL BE ELECTED  TO  MORE  THAN
 TWO  ADDITIONAL  TERMS.  THE  LIMITATION ON 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 reven-
 ues and receipts; and (3) to prescribe such methods 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 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 admin-
 istrative duties, excepting such as may be incidental to the performance
 of these functions, any other provision  of  this  constitution  to  the
 contrary notwithstanding.
   § 3. Resolved (if the Assembly concur), That section 2 of article 3 of
 the constitution be amended to read as follows:
   §  2.  The senate shall consist of [fifty] SIXTY-THREE 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. 676                              3
 
   § 4.   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.