Senate Bill S1439

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1439
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sens.  GRIFFO,  GALLIVAN, ORTT -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
             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 TWO 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 ONE ADDITIONAL TERM. 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 PROVISION.  PROVIDED, FURTHER, THAT A PERSON WHO HAS  BEEN  ELECTED
 TWO TIMES 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89031-01-3
 S. 1439                             2
 
 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 TWO TIMES, 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 MORE THAN ONE  ADDI-
 TIONAL  TERM.  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-GENER-
 AL  ON  THE  EFFECTIVE  DATE OF THIS PROVISION. 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  neces-
 sary  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] SHALL BE  ELECTED  for  two  years
 UNTIL  THE  YEAR TWO THOUSAND TWENTY-SEVEN; SENATORS ELECTED IN THE YEAR
 TWO THOUSAND TWENTY-SEVEN AND IN ALL SUBSEQUENT YEARS SHALL  BE  ELECTED
 FOR  FOUR  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] SHALL
 BE ELECTED for two years  UNTIL  THE  YEAR  TWO  THOUSAND  TWENTY-SEVEN;
 ASSEMBLY  MEMBERS  ELECTED  IN THE YEAR TWO THOUSAND TWENTY-SEVEN AND IN
 ALL SUBSEQUENT YEARS SHALL BE ELECTED FOR FOUR YEARS.
   NO PERSON ELECTED AS A MEMBER OF THE SENATE OR  AS  A  MEMBER  OF  THE
 ASSEMBLY  IN  THE  YEAR  TWO THOUSAND TWENTY-SEVEN AND IN ALL SUBSEQUENT
 S. 1439                             3
 
 YEARS SHALL SERVE AS A MEMBER OF THE LEGISLATURE  FOR  MORE  THAN  THREE
 FOUR  YEAR  TERMS,  WHETHER SUCH SERVICE IS AS A SENATOR, AS AN ASSEMBLY
 MEMBER, OR TERMS AS A SENATOR AND AN ASSEMBLY MEMBER COMBINED;  PROVIDED
 THAT  ANY  PARTIAL  TERM  OF  OFFICE HELD AS A MEMBER OF THE LEGISLATURE
 PRIOR TO THE ELECTION TO A FOUR YEAR TERM SHALL NOT BE USED TO CALCULATE
 ANY TERM LIMITATION IMPOSED PURSUANT TO THIS PARAGRAPH.
   § 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 conform-
 ity with section 1 of article 19 of the constitution, be published for 3
 months previous to the time of such election.