S T A T E   O F   N E W   Y O R K
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                                    394
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BENEDET-
   TO,  COLTON,  CUSICK,  GALEF,  GOTTFRIED,  GUNTHER,  JAFFEE,  LUPARDO,
   PAULIN, PEOPLES-STOKES, RAIA, L. 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89012-01-9

 A. 394                              2
 
 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.
   § 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.