senate Bill S1496

2019-2020 Legislative Session

Provides for the governor to fill a vacancy for the offices of comptroller and attorney-general

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 13, 2020 opinion referred to judiciary
Feb 14, 2020 to attorney-general for opinion
Jan 08, 2020 referred to judiciary
Feb 07, 2019 to attorney-general for opinion
Jan 15, 2019 referred to judiciary

S1496 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §1, Constn
Versions Introduced in 2017-2018 Legislative Session:
S4321

S1496 (ACTIVE) - Summary

Provides for the governor to fill a vacancy for the offices of comptroller and attorney general and for such person to serve until the next general election.

S1496 (ACTIVE) - Sponsor Memo

S1496 (ACTIVE) - Bill Text download pdf


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

                                  1496

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by  Sen. TEDISCO -- 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 the governor to fill a vacancy of the office
  of the 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 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  comptroller 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.] IF A VACANCY SHALL OCCUR DURING A TERM OF SUCH OFFICES,  OTHERWISE
THAN  BY  EXPIRATION  OF  TERM,  THE  GOVERNOR SHALL APPOINT A PERSON TO
EXECUTE THE DUTIES OF THE OFFICE OF THE COMPTROLLER OR ATTORNEY-GENERAL,
AS THE CASE MAY BE, AND SUCH PERSON SHALL SERVE UNTIL THE  NEXT  GENERAL
ELECTION. IF SUCH NEXT GENERAL ELECTION IS AT A TIME OTHER THAN THE TIME
OF ELECTING A GOVERNOR, AN ELECTION SHALL BE HELD AT SUCH TIME AND SHALL
BE TO FILL THE RESIDUE OF THE TERM UNTIL THE NEXT GENERAL ELECTION WHERE
A  GOVERNOR  SHALL BE ELECTED. 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
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 division on notice to the attorney-gener-
al.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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