Bill Text: NY S02012 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for special elections for the offices of comptroller and attorney general for vacancies during a term.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2020-03-13 - OPINION REFERRED TO JUDICIARY [S02012 Detail]

Download: New_York-2019-S02012-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2012
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 18, 2019
                                       ___________
        Introduced  by  Sens.  GRIFFO, LANZA, LAVALLE, RANZENHOFER -- 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 section 1 of article 5 of the constitution, in
          relation to providing for special elections to  fill  the  offices  of
          comptroller and attorney general
     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] Except as otherwise provided  in  this  section,  the
     4  comptroller  and  attorney-general  shall  be chosen at the same general
     5  election as the governor and hold office for the same  term,  and  shall
     6  possess  the  qualifications  provided  in section 2 of article IV. [The
     7  legislature shall provide for filling vacancies in the office  of  comp-
     8  troller  and  of  attorney-general.  No  election of a comptroller or an
     9  attorney-general shall be had except at the time of  electing  a  gover-
    10  nor.]  Where a vacancy occurs during a term of the comptroller or attor-
    11  ney general a special election shall be conducted to fill  such  office.
    12  The  comptroller  shall  be  required:  (1) to audit all vouchers before
    13  payment and  all  official  accounts;  (2)  to  audit  the  accrual  and
    14  collection of all revenues and receipts; and (3) to prescribe such meth-
    15  ods  of accounting as are necessary for the performance of the foregoing
    16  duties. The payment of any money of the state, or of any money under its
    17  control, or the refund of any money paid to the state, except upon audit
    18  by the comptroller, shall be void, and may be restrained upon  the  suit
    19  of any taxpayer with the consent of the supreme court in appellate divi-
    20  sion  on notice to the attorney-general. In such respect the legislature
    21  shall define the powers and duties and may also assign to  him  or  her:
    22  (1)  supervision  of  the  accounts  of any political subdivision of the
    23  state; and (2) powers and duties pertaining to  or  connected  with  the
    24  assessment  and  taxation  of  real  estate,  including determination of
    25  ratios which the assessed valuation of taxable real  property  bears  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89012-01-9
        S. 2012                             2
     1  the  full  valuation  thereof, but not including any of those powers and
     2  duties reserved to officers of a  county,  city,  town  or  village  [by
     3  virtue  of  sections  seven  and eight of article nine of this constitu-
     4  tion].  The  legislature  shall  assign  to him or her no administrative
     5  duties, excepting such as may be incidental to the performance of  these
     6  functions,  any  other  provision  of  this constitution to the contrary
     7  notwithstanding.
     8    § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
     9  be referred to the first regular legislative session convening after the
    10  next  succeeding  general  election  of members of the assembly, and, in
    11  conformity with  section  1  of  article  19  of  the  constitution,  be
    12  published for 3 months previous to the time of such election.