Bill Text: NY A09266 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires the secretary of state to be an elected position.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-02-18 - opinion referred to judiciary [A09266 Detail]
Download: New_York-2021-A09266-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9266 IN ASSEMBLY February 9, 2022 ___________ Introduced by M. of A. BURGOS -- read once and referred to the Committee on Governmental Operations CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to sections 1 and 4 of article 5 and section 5 of article 4, in relation to the election and duties of the secretary of state 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, secretary of state and attorney-general 4 shall be chosen at the same general election as the governor and hold 5 office for the same term, and shall possess the qualifications provided 6 in section 2 of article IV. The legislature shall provide for filling 7 vacancies in the office of comptroller and of attorney-general. No 8 election of a comptroller, secretary of state or an attorney-general 9 shall be had except at the time of electing a governor. The comptroller 10 shall be required: (1) to audit all vouchers before payment and all 11 official accounts; (2) to audit the accrual and collection of all reven- 12 ues and receipts; and (3) to prescribe such methods of accounting as are 13 necessary for the performance of the foregoing duties. The payment of 14 any money of the state, or of any money under its control, or the refund 15 of any money paid to the state, except upon audit by the comptroller, 16 shall be void, and may be restrained upon the suit of any taxpayer with 17 the consent of the supreme court in appellate division on notice to the 18 attorney-general. In such respect the legislature shall define the 19 powers and duties and may also assign to him or her: (1) supervision of 20 the accounts of any political subdivision of the state; and (2) powers 21 and duties pertaining to or connected with the assessment and taxation 22 of real estate, including determination of ratios which the assessed 23 valuation of taxable real property bears to the full valuation thereof, 24 but not including any of those powers and duties reserved to officers of 25 a county, city, town or village by virtue of sections seven and eight of 26 article nine of this constitution. The legislature shall assign to him 27 or her no administrative duties, excepting such as may be incidental to 28 the performance of these functions, any other provision of this consti- 29 tution to the contrary notwithstanding. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89166-02-2A. 9266 2 1 § 2. Resolved (if the Senate concur), That section 4 of article 5 of 2 the constitution be amended and a new section 5 be added to read as 3 follows: 4 § 4. The head of the department of audit and control shall be the 5 comptroller and of the department of law, the attorney-general, and the 6 chief elections officer of the state shall be the secretary of state. 7 The head of the department of education shall be The Regents of the 8 University of the State of New York, who shall appoint and at pleasure 9 remove a commissioner of education to be the chief administrative offi- 10 cer of the department. The head of the department of agriculture and 11 markets shall be appointed in a manner to be prescribed by law. Except 12 as otherwise provided in this constitution, the heads of all other 13 departments and the members of all boards and commissions, excepting 14 temporary commissions for special purposes, shall be appointed by the 15 governor by and with the advice and consent of the senate and may be 16 removed by the governor, in a manner to be prescribed by law. 17 § 5. The secretary of state shall administer elections in New York 18 state and provide oversight of county clerks offices in each county 19 within the state. 20 § 3. Resolved (if the Senate concur), That section 5 of article 4 of 21 the constitution be amended by adding two undesignated paragraphs to 22 read as follows: 23 If, when the duty of acting as governor devolves upon the speaker of 24 the assembly, there be a vacancy in such office or the speaker of the 25 assembly shall be absent from the state or otherwise unable to discharge 26 the duties of governor, the comptroller shall act as governor during 27 such vacancy or inability. 28 If, when the duty of acting as governor devolves upon the comptroller, 29 there be a vacancy in such office or the comptroller shall be absent 30 from the state or otherwise unable to discharge the duties of governor, 31 the secretary of state shall act as governor during such vacancy or 32 inability. 33 § 4. Resolved (if the Senate concur), That the foregoing be referred 34 to the first regular legislative session convening after the next 35 succeeding general election of members of the assembly, and, in conform- 36 ity with section 1 of article 19 of the constitution, be published for 3 37 months previous to the time of such election.
