Bill Text: NY S01597 | 2023-2024 | 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 2-0)

Status: (Introduced) 2024-01-29 - OPINION REFERRED TO JUDICIARY [S01597 Detail]

Download: New_York-2023-S01597-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1597

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 12, 2023
                                       ___________

        Introduced by Sens. GRIFFO, LANZA -- 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
    26  the full valuation thereof, but not including any of  those  powers  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89033-01-3
        S. 1597                             2

     1  duties  reserved  to  officers  of  a  county, city, town or village [by
     2  virtue of sections seven and eight of article  nine  of  this  constitu-
     3  tion].  The  legislature  shall  assign  to him or her no administrative
     4  duties,  excepting such as may be incidental to the performance of these
     5  functions, any other provision of  this  constitution  to  the  contrary
     6  notwithstanding.
     7    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
     8  be referred to the first regular legislative session convening after the
     9  next succeeding general election of members of  the  assembly,  and,  in
    10  conformity  with  section  1  of  article  19  of  the  constitution, be
    11  published for 3 months previous to the time of such election.