Bill Text: NY A05898 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to filling vacancies in the office of comptroller or attorney-general, providing for special elections to fill such positions for the remainder of the term.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A05898 Detail]

Download: New_York-2019-A05898-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5898
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced  by  M.  of  A.  MALLIOTAKIS -- 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 5 of the constitution, in
          relation to filling vacancies in the office of comptroller  or  attor-
          ney-general
     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
     7  of comptroller and of attorney-general. No election of a comptroller  or
     8  an attorney-general shall be had except at the time of electing a gover-
     9  nor]  In the event a vacancy shall occur in the office of comptroller or
    10  attorney-general prior to the expiration of the term thereof, a  special
    11  election  shall  be  called  by the governor to fill the vacancy for the
    12  remainder of the term. Provided, however, if the vacancy occurs  in  the
    13  office  of  the comptroller or attorney-general within the same calendar
    14  year as the next general election at  which  such  officers  are  to  be
    15  chosen,  no  special  election  shall be called and the offices shall be
    16  filled for the remainder of the unexpired term as provided by the legis-
    17  lature.  The comptroller shall be required: (1) to  audit  all  vouchers
    18  before  payment  and all official accounts; (2) to audit the accrual and
    19  collection of all revenues and receipts; and (3) to prescribe such meth-
    20  ods of accounting as are necessary for the performance of the  foregoing
    21  duties. The payment of any money of the state, or of any money under its
    22  control, or the refund of any money paid to the state, except upon audit
    23  by  the  comptroller, shall be void, and may be restrained upon the suit
    24  of any taxpayer with the consent of the supreme court in appellate divi-
    25  sion on notice to the attorney-general. In such respect the  legislature
    26  shall  define  the  powers and duties and may also assign to him or her:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89114-01-9
        A. 5898                             2
     1  (1) supervision of the accounts of  any  political  subdivision  of  the
     2  state;  and  (2)  powers  and duties pertaining to or connected with the
     3  assessment and taxation  of  real  estate,  including  determination  of
     4  ratios  which  the  assessed valuation of taxable real property bears to
     5  the full valuation thereof, but not including any of  those  powers  and
     6  duties reserved to officers of a county, city, town or village by virtue
     7  of [sections seven and eight] section 1 of article [nine] IX and section
     8  13 of article XIII of this constitution. The legislature shall assign to
     9  him or her no administrative duties, excepting such as may be incidental
    10  to  the  performance  of  these  functions,  any other provision of this
    11  constitution to the contrary notwithstanding.
    12    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    13  referred  to  the  first regular legislative session convening after the
    14  next succeeding general election of members of  the  assembly,  and,  in
    15  conformity  with  section  1  of  article  19  of  the  constitution, be
    16  published for 3 months previous to the time of such election.