S T A T E   O F   N E W   Y O R K
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                                  1140

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. HAWLEY, CALHOUN, BARCLAY, SAYWARD, FINCH, TOBAC-
  CO, MOLINARO, TOWNSEND -- Multi-Sponsored by -- M. of A. QUINN, 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

  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 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
comptroller and of attorney-general  UNTIL  THE  NEXT  GENERAL  ELECTION
HAPPENING  NOT LESS THAN THREE MONTHS AFTER THE OFFICE SHALL HAVE BECOME
VACANT, AT WHICH A COMPTROLLER OR ATTORNEY-GENERAL SHALL BE  ELECTED  TO
SERVE  THE  REMAINDER  OF THE TERM.  [No election of a comptroller or an
attorney-general shall be had except at the time of  electing  a  gover-
nor.]  IN  CASE  THE  COMPTROLLER-ELECT  OR ATTORNEY-GENERAL-ELECT SHALL
DECLINE TO SERVE OR SHALL DIE, THE LEGISLATURE SHALL PROVIDE FOR FILLING
THE VACANCY UNTIL THE NEXT GENERAL ELECTION. 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 methods of accounting as are neces-
sary 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 division 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD89017-01-9

A. 1140                             2

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 constitution. 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.