S T A T E   O F   N E W   Y O R K
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                                  8419

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced  by  M.  of A. TEDISCO, KOLB -- 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 the governor to fill a vacancy of the office
  of the 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 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. No election of a comptroller or
an attorney-general shall be had except at the time of electing a gover-
nor.] IF A VACANCY SHALL OCCUR DURING A TERM OF SUCH OFFICES,  OTHERWISE
THAN  BY  EXPIRATION  OF  TERM,  THE  GOVERNOR SHALL APPOINT A PERSON TO
EXECUTE THE DUTIES OF THE OFFICE OF THE COMPTROLLER OR ATTORNEY-GENERAL,
AS THE CASE MAY BE, AND SUCH PERSON SHALL SERVE UNTIL THE  NEXT  GENERAL
ELECTION. IF SUCH NEXT GENERAL ELECTION IS AT A TIME OTHER THAN THE TIME
OF ELECTING A GOVERNOR, AN ELECTION SHALL BE HELD AT SUCH TIME AND SHALL
BE TO FILL THE RESIDUE OF THE TERM UNTIL THE NEXT GENERAL ELECTION WHERE
A  GOVERNOR  SHALL BE ELECTED. 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  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 division on notice to the attorney-gener-
al.  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

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

                                                           LBD89136-01-9

A. 8419                             2

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 coun-
ty, 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 consti-
tution 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.