Proposed Legislative Amendment on Vacancies

                          S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1251
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. HAWLEY, CALHOUN, BARCLAY, SAYWARD, FINCH, TOBAC-
         CO, MOLINARO, KOLB, RAIA, McDONOUGH -- Multi-Sponsored by -- M. of  A.
         CORWIN,  CROUCH,  DUPREY,  GIGLIO, THIELE -- read once and referred to
         the Committee on Judiciary
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing an amendment to article 5 of the constitution, relating to the
         filling of vacancies in the offices of comptroller and attorney-gener-
         al
    1    Section 1. Resolved (if the Senate concur), That section 1 of  article
    2  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 of
    7  comptroller and of attorney-general  UNTIL  THE  NEXT  GENERAL  ELECTION
    8  HAPPENING  NOT LESS THAN THREE MONTHS AFTER THE OFFICE SHALL HAVE BECOME
    9  VACANT, AT WHICH A COMPTROLLER OR ATTORNEY-GENERAL SHALL BE  ELECTED  TO
   10  SERVE  THE  REMAINDER  OF THE TERM.  [No election of a comptroller or an
   11  attorney-general shall be had except at the time of  electing  a  gover-
   12  nor.]  IN  CASE  THE  COMPTROLLER-ELECT  OR ATTORNEY-GENERAL-ELECT SHALL
   13  DECLINE TO SERVE OR SHALL DIE, THE LEGISLATURE SHALL PROVIDE FOR FILLING
   14  THE VACANCY UNTIL THE NEXT GENERAL ELECTION. The  comptroller  shall  be
   15  required:  (1)  to  audit  all  vouchers before payment and all official
   16  accounts; (2) to audit the accrual and collection of  all  revenues  and
   17  receipts;  and (3) to prescribe such methods of accounting as are neces-
   18  sary for the performance of the foregoing duties.  The  payment  of  any
   19  money  of the state, or of any money under its control, or the refund of
   20  any money paid to the state, except upon audit by the comptroller, shall
   21  be void, and may be restrained upon the suit of any  taxpayer  with  the
   22  consent  of  the  supreme  court  in appellate division on notice to the
   23  attorney-general. In such  respect  the  legislature  shall  define  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89018-01-1
       A. 1251                             2
    1  powers  and duties and may also assign to him or her: (1) supervision of
    2  the accounts of any political subdivision of the state; and  (2)  powers
    3  and  duties  pertaining to or connected with the assessment and taxation
    4  of  real  estate,  including  determination of ratios which the assessed
    5  valuation of taxable real property bears to the full valuation  thereof,
    6  but not including any of those powers and duties reserved to officers of
    7  a  county,  city, town or village by virtue of [sections seven and eight
    8  of] article nine of this constitution. The legislature shall  assign  to
    9  him or her no administrative duties, excepting such as may be incidental
   10  to  the  performance  of  these  functions,  any other provision of this
   11  constitution to the contrary notwithstanding.
   12    S 2. Resolved (if the Senate concur), That the foregoing amendment  be
   13  referred  to  the  first regular legislative session convening after the
   14  next succeeding general election of members of  the  assembly,  and,  in
   15  conformity  with  section  1  of  article  19  of  the  constitution, be
   16  published for 3 months previous to the time of such election.