Bill Text: NY S01292 | 2025-2026 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2025-01-10 - TO ATTORNEY-GENERAL FOR OPINION [S01292 Detail]

Download: New_York-2025-S01292-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1292

                               2025-2026 Regular Sessions

                    IN SENATE

                                     January 9, 2025
                                       ___________

        Introduced by Sens. BORRELLO, OBERACKER -- read twice and ordered print-
          ed, 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]  the  comptroller:
    25  (1)  supervision  of  the  accounts  of any political subdivision of the
    26  state; and (2) powers and duties pertaining to  or  connected  with  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89028-01-5
        S. 1292                             2

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