Assembly Bill A5785A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5785
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Governmental Operations
 
             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 lieutenant-gov-
   ernor; and proposing an amendment to section 1 of  article  5  of  the
   constitution,  in  relation  to  term  limits for the offices of comp-
   troller and attorney-general
 
   Section 1. 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89101-01-5
 A. 5785                             2
 
 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.
   § 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  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] THE
 COMPTROLLER:  (1) supervision of the accounts of any political  subdivi-
 sion  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] THE COMPTROLLER 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.
   § 3.  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.