S T A T E O F N E W Y O R K
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6744
2021-2022 Regular Sessions
I N A S S E M B L Y
March 29, 2021
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Introduced by M. of A. LAWLER -- read once and referred 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 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89120-01-1
A. 6744 2
LINE OF SUCCESSION AND THE NEXT PERSON IN THE LINE OF SUCCESSION SHALL
ACT AS GOVERNOR.
§ 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 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 TWICE, AND NO PERSON WHO HAS HELD THE OFFICE OF COMP-
TROLLER 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 SUCH OFFICE MORE
THAN ONCE. 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 revenues 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-gener-
al. 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 coun-
ty, 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 Senate concur), That section 2 of article 3 of
the constitution be amended to read as follows:
§ 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
FIVE 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.
A. 6744 3
§ 4. Resolved (if the Senate 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 conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.