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.
STATE OF NEW YORK
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1389
2023-2024 Regular Sessions
IN SENATE
January 11, 2023
___________
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.
LBD89044-01-3
S. 1389 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.
