Assembly Bill A1407A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1407--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Governmental Operations --  recommitted  to  the  Committee  on
   Governmental  Operations in accordance with Assembly Rule 3, sec. 2 --
   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 2 of article 3 of the constitution, in
   relation to increasing the length of the term of office for members of
   the  legislature;  proposing an amendment to section 1 of article 4 of
   the constitution, in relation to term limits for the office of  gover-
   nor  and  lieutenant-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 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]  ELECTED  for [two] TERMS OF FOUR years
 PROVIDED, FURTHER, NO SENATOR SHALL SERVE FOR MORE THAN  SIXTEEN  YEARS.
 The  assembly shall consist of one hundred and fifty members. The assem-
 bly members [elected in the year one thousand nine hundred  and  thirty-
 eight,  and their successors,] shall be [chosen] ELECTED for [two] TERMS
 OF FOUR years; PROVIDED, HOWEVER, NO ASSEMBLY  MEMBER  SHALL  SERVE  FOR
 MORE THAN SIXTEEN YEARS. PROVIDED, FURTHER, ANY TERM ALREADY SERVED BY A
 SITTING  SENATOR  OR  ASSEMBLY  MEMBER  PRIOR  TO THE AMENDMENTS TO THIS
 SECTION BEING APPROVED AND RATIFIED BY THE PEOPLE AND COMING INTO EFFECT
 SHALL BE EXCLUDED FROM THE LIMITS ON SERVICE SET FORTH BY THIS SECTION.
   § 2. Resolved (if the Senate concur), That section 1 of article  4  of
 the constitution be amended to read as follows:
   Section  1.  (A)  The executive power shall be vested in the governor,
 who shall hold office for four years; the lieutenant-governor  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89015-07-4
 A. 1407--A                          2
 
 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.
   (B) NO PERSON SHALL BE ELECTED TO THE OFFICE OF THE GOVERNOR MORE THAN
 THREE TIMES.  PROVIDED, HOWEVER, ANY TERM ALREADY SERVED  BY  A  SITTING
 GOVERNOR  PRIOR  TO  THE AMENDMENTS TO   THIS SECTION BEING APPROVED AND
 RATIFIED BY THE PEOPLE AND COMING INTO EFFECT SHALL BE EXCLUDED FROM THE
 LIMITS ON SERVICE SET FORTH BY THIS SECTION.  PROVIDED, FURTHER, THAT  A
 PERSON  WHO HAS BEEN THRICE 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.
   (C) NO PERSON SHALL BE ELECTED TO THE OFFICE OF THE  LIEUTENANT-GOVER-
 NOR MORE THAN THREE TIMES. PROVIDED, HOWEVER, ANY TERM ALREADY SERVED BY
 A  SITTING  LIEUTENANT-GOVERNOR PRIOR TO THE AMENDMENTS TO  THIS SECTION
 BEING APPROVED AND RATIFIED BY THE PEOPLE AND COMING INTO  EFFECT  SHALL
 BE  EXCLUDED  FROM  THE  LIMITS  ON  SERVICE  SET FORTH BY THIS SECTION.
 PROVIDED, FURTHER, THAT A PERSON WHO HAS  BEEN  THRICE  ELECTED  TO  THE
 OFFICE  OF  LIEUTENANT-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 LIEUTENANT-GOVERNOR.
   § 3. 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  WHO  HAS  PREVIOUSLY  BEEN  ELECTED TO SUCH OFFICE MORE THAN THREE
 TIMES.  PROVIDED, HOWEVER, ANY TERM ALREADY SERVED BY  A  SITTING  COMP-
 TROLLER  OR  ATTORNEY-GENERAL  PRIOR  TO  THE AMENDMENTS TO THIS SECTION
 BEING APPROVED AND RATIFIED BY THE PEOPLE AND COMING INTO  EFFECT  SHALL
 BE  EXCLUDED  FROM  THE LIMITS ON SERVICE SET FORTH BY THIS SECTION. 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 account-
 ing 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
 A. 1407--A                          3

 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, excepting such as may be incidental to the
 performance of these functions, any other provision of this constitution
 to the contrary notwithstanding.
   § 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 for three months previous to the time of such election.