Bill S2847-2011

Imposes term limits for the offices of governor, comptroller and attorney-general

Establishes term limits for the offices of governor, attorney-general and comptroller; limits the amount of time any person can act as governor.

Details

Actions

  • Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Apr 27, 2011: OPINION REFERRED TO JUDICIARY
  • Feb 7, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • Feb 2, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S2847

TITLE OF BILL: 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 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

PURPOSE: This amendment to the constitution would limit the tenures of the offices of the governor, comptroller and attorney general to no more than two elective terms of office.

SUMMARY OF PROVISIONS: Section 1: Provides that no person may be elected to the office of governor more than twice. And that, further, no person who has served more than two years of another governor's term of office may be elected more than once. Exempts from these limitations from the present governor. Removes from the line of succession to the governorship any person who has been twice elected to the office of governor.

Section 2: Provides that no person may be elected to the office of comptroller or attorney general more than twice. Exempts from this limitation the present comptroller and attorney general.

Section 3: Provides that this resolution shall be referred to the first session of the next succeeding legislature.

JUSTIFICATION: This bill is intended to keep New York State's leadership fresh and innovative, to allow an influx of new voices and perspectives in order to make better and broader the representation of the people of New York in the state's executive branch.

LEGISLATIVE HISTORY: 2010/S.3138 Judiciary Committee/A.9531 Judiciary Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Resolved (if the Assembly 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 3 months previous to the time of such election.


Text

STATE OF NEW YORK ________________________________________________________________________ 2847 2011-2012 Regular Sessions IN SENATE February 2, 2011 ___________
Introduced by Sens. GRIFFO, DeFRANCISCO, FUSCHILLO, GOLDEN, LARKIN, LAVALLE, MAZIARZ, RANZENHOFER, SEWARD -- read twice and ordered print- ed, 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; 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 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 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 LINE OF SUCCESSION AND THE NEXT PERSON IN THE LINE OF SUCCESSION SHALL ACT AS GOVERNOR. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89076-01-1 S. 2847 2 S 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 WHO HAS PREVIOUSLY BEEN ELECTED TO SUCH OFFICE MORE THAN ONCE. THE LIMITATION 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 perform- ance 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 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. S 3. 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.

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