senate Bill S3266

Provides for special elections for the offices of comptroller and attorney general for vacancies during a term

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Feb / 2011
    • REFERRED TO JUDICIARY
  • 18 / Feb / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 29 / Mar / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 27 / Apr / 2011
    • OPINION REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 09 / Jan / 2012
    • TO ATTORNEY-GENERAL FOR OPINION
  • 08 / Feb / 2012
    • OPINION REFERRED TO JUDICIARY

Summary

Provides for special elections for the offices of comptroller and attorney general for vacancies during a term.

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Bill Details

See Assembly Version of this Bill:
A4348
Versions:
S3266
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 ยง1, Constn
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2930, A580
2007-2008: A5703

Sponsor Memo

BILL NUMBER:S3266

TITLE OF BILL:
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

PURPOSE:
To provide for special elections to be held to fill vacancies in the
offices of the Comptroller and Attorney General.

SUMMARY OF PROVISIONS:
The bill amends section 1, article 5 of the constitution to establish
that when a vacancy occurs during the term of the comptroller or
attorney general, a special election shall be conducted to fill such
office.

EXISTING LAW:
Existing law provides that the Legislature shall provide for filling
vacancies in the office of comptroller and attorney general.

JUSTIFICATION:
The State Comptroller oversees the state's $145.7 billion pension fund
and is responsible for hundreds of yearly audits of cities, towns,
school districts and other government agencies. He or she is
responsible for ensuring that tax dollars are spent prudently and
productively. The Attorney General is the state's chief legal officer.
The State Comptroller and the Attorney General are both
representatives of the people of the state and as such should always
be elected by the people even in cases of vacancies.
Enactment of this measure will ensure these officers are chosen by the
people of the state and not the Legislature.

LEGISLATIVE HISTORY:
2008 - S.2724 - Passed Senate/ A.5703 - Judiciary Committee.
2009 - S.2930 - Judiciary Committee/A.580 - Governmental Operations
Committee.

FISCAL IMPLICATIONS:
Costs associated with conducting a statewide election.

EFFECTIVE DATE:
RESOLVED (if the Assembly concur), That the foregoing amendments be
be referred to the first regular legislative session convening after
the next succeeding general election of members of the assembly, and,
in conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3266

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sens.  GRIFFO, DeFRANCISCO, FUSCHILLO, GOLDEN, GRISANTI,
  JOHNSON, LANZA, LARKIN, LAVALLE, MAZIARZ, O'MARA, RANZENHOFER, SEWARD,
  ZELDIN -- 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

  Section 1. Resolved (if the Assembly concur), That section 1 of  arti-
cle 5 of the constitution be amended to read as follows:
  Section  1.  [The]  EXCEPT  AS OTHERWISE PROVIDED IN THIS SECTION, THE
comptroller and attorney-general shall be chosen  at  the  same  general
election  as  the  governor and hold office for the same term, and shall
possess the qualifications provided in section 2  of  article  IV.  [The
legislature  shall  provide for filling vacancies in the office of comp-
troller and of attorney-general. No election  of  a  comptroller  or  an
attorney-general  shall  be  had except at the time of electing a gover-
nor.] WHERE A VACANCY OCCURS DURING A TERM OF THE COMPTROLLER OR  ATTOR-
NEY  GENERAL  A SPECIAL ELECTION SHALL BE CONDUCTED TO FILL SUCH OFFICE.
The comptroller shall be required: (1)  to  audit  all  vouchers  before
payment  and  all  official  accounts;  (2)  to  audit  the  accrual and
collection of all revenues and receipts; and (3) to prescribe such meth-
ods of accounting as are necessary for the performance of the  foregoing
duties. The payment of any money of the state, or of any money under its
control, or the refund of any money paid to the state, except upon audit
by  the  comptroller, shall be void, and may be restrained upon the suit
of any taxpayer with the consent of the supreme court in appellate divi-
sion on notice to the attorney-general. In such respect the  legislature
shall  define  the  powers and duties and may also assign to him or her:
(1) supervision of the accounts of  any  political  subdivision  of  the
state;  and  (2)  powers  and duties pertaining to or connected with the
assessment and taxation  of  real  estate,  including  determination  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89077-01-1

S. 3266                             2

ratios  which  the  assessed valuation of taxable real property bears to
the full valuation thereof, but not including any of  those  powers  and
duties  reserved  to  officers  of  a  county, city, town or village [by
virtue  of  sections  seven  and eight of article nine of this constitu-
tion]. The legislature shall assign to  him  or  her  no  administrative
duties,  excepting such as may be incidental to the performance of these
functions, any other provision of  this  constitution  to  the  contrary
notwithstanding.
  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.

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