STATE OF NEW YORK
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3876
2021-2022 Regular Sessions
IN SENATE
February 1, 2021
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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.
LBD89010-01-1
S. 3876 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.
