Bill Text: NY S08714 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides that no person shall be eligible to the office of attorney-general unless such person has been admitted to the practice of law in this state .
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-14 - OPINION REFERRED TO JUDICIARY [S08714 Detail]
Download: New_York-2017-S08714-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8714 IN SENATE May 10, 2018 ___________ Introduced by Sen. CARLUCCI -- 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 qualifications for the office of 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, provided that no person shall be eligible for the office of attor- 7 ney-general unless such person has been admitted to the practice of 8 law in this state. The legislature shall provide for filling vacancies 9 in the office of comptroller and of attorney-general. No election of a 10 comptroller or an attorney-general shall be had except at the time of 11 electing a governor. The comptroller shall be required: (1) to audit 12 all vouchers before payment and all official accounts; (2) to audit the 13 accrual and collection of all revenues and receipts; and (3) to 14 prescribe such methods of accounting as are necessary for the perform- 15 ance of the foregoing duties. The payment of any money of the state, or 16 of any money under its control, or the refund of any money paid to the 17 state, except upon audit by the comptroller, shall be void, and may be 18 restrained upon the suit of any taxpayer with the consent of the supreme 19 court in appellate division on notice to the attorney-general. In such 20 respect the legislature shall define the powers and duties and may also 21 assign to him or her: (1) supervision of the accounts of any political 22 subdivision of the state; and (2) powers and duties pertaining to or 23 connected with the assessment and taxation of real estate, including 24 determination of ratios which the assessed valuation of taxable real 25 property bears to the full valuation thereof, but not including any of 26 those powers and duties reserved to officers of a county, city, town or 27 village by virtue of sections seven and eight of article nine of this 28 constitution. The legislature shall assign to him or her no administra- 29 tive duties, excepting such as may be incidental to the performance of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89146-02-8S. 8714 2 1 these functions, any other provision of this constitution to the contra- 2 ry notwithstanding. 3 § 2. Resolved (if the Assembly concur), That the foregoing be referred 4 to the first regular legislative session convening after the next 5 succeeding general election of members of the assembly, and, in conform- 6 ity with section 1 of article 19 of the constitution, be published for 3 7 months previous to the time of such election.
