Assembly Bill A1329

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1329
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BENEDET-
   TO,  COLTON,  CUSICK,  GALEF,  GOTTFRIED,  GUNTHER,  JAFFEE, KAVANAGH,
   LOPEZ, LUPARDO, MAGEE, PAULIN, PEOPLES-STOKES, RAIA, ROSENTHAL, THIELE
   -- 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:
 (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.
                                                            LBD89027-01-7

 A. 1329                             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.
   §  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.