S T A T E O F N E W Y O R K
________________________________________________________________________
580
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. CAHILL, SPANO, P. RIVERA, DelMONTE, STIRPE,
CUSICK, GOTTFRIED, JEFFRIES, BENEDETTO, PEOPLES, GUNTHER, GIANARIS,
LUPARDO, BING, CAMARA, KOON, MAGEE, BRENNAN, EDDINGTON, POWELL,
JAFFEE, GALEF, MAISEL, REILLY, GABRYSZAK, KAVANAGH -- Multi-Sponsored
by -- M. of A. COLTON, HYER-SPENCER, LANCMAN, ROSENTHAL -- read once
and referred to the Committee on Governmental Operations
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 Senate concur), That section 1 of article
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89010-01-9
A. 580 2
(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
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 Senate 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.