Senate Bill S2930

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

                                  2930

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 6, 2009
                               ___________

Introduced  by  Sens. GRIFFO, ALESI, DeFRANCISCO, GOLDEN, LANZA, LARKIN,
  LAVALLE, LIBOUS, MAZIARZ, MORAHAN, PADAVAN,  SALAND,  SEWARD,  VOLKER,
  YOUNG  --  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.
              

                                                           LBD89010-01-9

S. 2930                             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.