Bill Text: NY A03584 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for procedure in filling vacancies in the offices of comptroller and attorney-general.

Spectrum: Partisan Bill (Republican 23-1)

Status: (Introduced) 2019-02-13 - opinion referred to judiciary [A03584 Detail]

Download: New_York-2019-A03584-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3584
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M.  of A. HAWLEY, BARCLAY, KOLB, McDONOUGH, FINCH, RAIA,
          FRIEND, BRABENEC, SMITH, MIKULIN -- Multi-Sponsored by  --  M.  of  A.
          CROUCH, GIGLIO, GOODELL, STEC, THIELE -- read once and referred to the
          Committee on Judiciary
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
        proposing an amendment to article 5 of the constitution, relating to the
          filling of vacancies in the offices of comptroller and attorney-gener-
          al
     1    Section  1. Resolved (if the Senate concur), That section 1 of article
     2  5 of the constitution be amended to read as follows:
     3    Section 1. The comptroller and attorney-general shall be chosen at the
     4  same general election as the governor and hold office for the same term,
     5  and shall possess the qualifications provided in section  2  of  article
     6  IV. The legislature shall provide for filling vacancies in the office of
     7  comptroller  and  of  attorney-general  until  the next general election
     8  happening not less than three months after the office shall have  become
     9  vacant, at which time a comptroller or attorney-general shall be elected
    10  to serve the remainder of the term.  [No election of a comptroller or an
    11  attorney-general  shall  be  had except at the time of electing a gover-
    12  nor.] In case  the  comptroller-elect  or  attorney-general-elect  shall
    13  decline to serve or shall die, the legislature shall provide for filling
    14  the  vacancy  until  the next general election. The comptroller shall be
    15  required: (1) to audit all vouchers  before  payment  and  all  official
    16  accounts;  (2)  to  audit the accrual and collection of all revenues and
    17  receipts; and (3) to prescribe such methods of accounting as are  neces-
    18  sary  for  the  performance  of the foregoing duties. The payment of any
    19  money of the state, or of any money under its control, or the refund  of
    20  any money paid to the state, except upon audit by the comptroller, shall
    21  be  void,  and  may be restrained upon the suit of any taxpayer with the
    22  consent of the supreme court in appellate  division  on  notice  to  the
    23  attorney-general.  In  such  respect  the  legislature  shall define the
    24  powers and duties and may also assign to him or her: (1) supervision  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89021-01-9

        A. 3584                             2
     1  the  accounts  of any political subdivision of the state; and (2) powers
     2  and duties pertaining to or connected with the assessment  and  taxation
     3  of  real  estate,  including  determination of ratios which the assessed
     4  valuation  of taxable real property bears to the full valuation thereof,
     5  but not including any of those powers and duties reserved to officers of
     6  a county, city, town or village by virtue of [sections seven  and  eight
     7  of]  article  nine of this constitution. The legislature shall assign to
     8  him or her no administrative duties, excepting such as may be incidental
     9  to the performance of these  functions,  any  other  provision  of  this
    10  constitution to the contrary notwithstanding.
    11    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    12  referred to the first regular legislative session  convening  after  the
    13  next  succeeding  general  election  of members of the assembly, and, in
    14  conformity with  section  1  of  article  19  of  the  constitution,  be
    15  published for 3 months previous to the time of such election.
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