S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8714
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 qualifications for the office of 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 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, PROVIDED THAT NO PERSON SHALL BE ELIGIBLE FOR THE OFFICE  OF  ATTOR-
 NEY-GENERAL  UNLESS  SUCH  PERSON  HAS  BEEN ADMITTED TO THE PRACTICE OF
 LAW IN THIS STATE. 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  governor.   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  perform-
 ance  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 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 administra-
 tive duties, excepting such as may be incidental to the  performance  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89146-02-8

 S. 8714                             2
 
 these functions, any other provision of this constitution to the contra-
 ry notwithstanding.
   § 2. Resolved (if the Assembly concur), That the foregoing be referred
 to  the  first  regular  legislative  session  convening  after the next
 succeeding general election of members of the assembly, and, in conform-
 ity with section 1 of article 19 of the constitution, be published for 3
 months previous to the time of such election.