Assembly Bill A1242

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

                                  1242

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced   by   M.   of   A.  CAHILL,  CUSICK,  GOTTFRIED,  BENEDETTO,
  PEOPLES-STOKES, GUNTHER,  LUPARDO,  CAMARA,  MAGEE,  BRENNAN,  JAFFEE,
  GALEF,  MAISEL, GABRYSZAK, KAVANAGH, THIELE, PAULIN, CROUCH, CORWIN --
  Multi-Sponsored by -- M. of  A.  COLTON,  DUPREY,  P. LOPEZ,  MILLMAN,
  RAIA, ROSENTHAL, SCHIMEL -- 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.
                                                           LBD89044-01-3

A. 1242                             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.