Bill Text: NY S01538 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides for the governor to fill a vacancy for the offices of comptroller and attorney-general and for such person to serve until the next general election.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-03-01 - OPINION REFERRED TO JUDICIARY [S01538 Detail]

Download: New_York-2021-S01538-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1538

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 12, 2021
                                       ___________

        Introduced  by  Sen. TEDISCO -- 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 the governor to fill a vacancy of the office
          of the 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 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.] If a vacancy shall occur during a term of such offices,  otherwise
    10  than  by  expiration  of  term,  the  governor shall appoint a person to
    11  execute the duties of the office of the comptroller or attorney-general,
    12  as the case may be, and such person shall serve until the  next  general
    13  election. If such next general election is at a time other than the time
    14  of electing a governor, an election shall be held at such time and shall
    15  be to fill the residue of the term until the next general election where
    16  a  governor  shall be elected. The comptroller shall be required: (1) to
    17  audit all vouchers before payment and  all  official  accounts;  (2)  to
    18  audit  the  accrual and collection of all revenues and receipts; and (3)
    19  to prescribe such  methods  of  accounting  as  are  necessary  for  the
    20  performance  of  the  foregoing  duties. The payment of any money of the
    21  state, or of any money under its control, or the  refund  of  any  money
    22  paid  to the state, except upon audit by the comptroller, shall be void,
    23  and may be restrained upon the suit of any taxpayer with the consent  of
    24  the supreme court in appellate division on notice to the attorney-gener-
    25  al.  In  such respect the legislature shall define the powers and duties
    26  and may also assign to him or her: (1) supervision of  the  accounts  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89038-01-1
        S. 1538                             2

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