Bill Text: NY S01073 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-29 - OPINION REFERRED TO JUDICIARY [S01073 Detail]

Download: New_York-2023-S01073-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1073

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 10, 2023
                                       ___________

        Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
          printed to be committed 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 Assembly concur), That section 1 of  arti-
     2  cle 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
    25  the accounts of any political subdivision of the state; and  (2)  powers
    26  and  duties  pertaining to or connected with the assessment and taxation

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89040-01-3
        S. 1073                             2

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