Proposed Legislative Amendment on Vacancies
Amendment Purpose:Assembly Minority Conference: Provides a procedure for filling vacancies in the offices of State Comptroller and State Attorney General (Assembly Bill A.1251)
Legislative Amendment Text:
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.
PRIOR LEGISLATIVE HISTORY: 2008, A11113 05/16/2008 referred to judiciary 05/19/2008 to attorney-general for opinion 06/12/2008 opinion referred to judiciary 06/03/10 - held for consideration in judiciary