senate Bill S1969

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

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 11 / Jan / 2013
    • TO ATTORNEY-GENERAL FOR OPINION
  • 06 / Feb / 2013
    • OPINION REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 13 / Jan / 2014
    • TO ATTORNEY-GENERAL FOR OPINION
  • 19 / Feb / 2014
    • 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:
A1242
Versions:
S1969
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 ยง1, Constn
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3266, A4348
2009-2010: S2930, A580
2007-2008: A5703

Sponsor Memo

BILL NUMBER:S1969

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.

JUSTIFICATION:
The State Comptroller oversees the state's $150.6 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:
2011-12 S. 3266/A. 4348 - Judiciary Committee.

FISCAL IMPLICATIONS:
Costs associated with conducting a statewide election.

EFFECTIVE DATE:
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.

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

                                  1969

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. GRIFFO, DeFRANCISCO, LARKIN, LAVALLE -- 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.
                                                           LBD89044-01-3

S. 1969                             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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