S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9266
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 Introduced by M. of A. BURGOS -- read once and referred to the Committee
   on Governmental Operations
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to sections 1 and 4 of article 5 and section 5 of
   article  4, in relation to the election and duties of the secretary of
   state
 
   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  comptroller, SECRETARY OF STATE 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, SECRETARY OF  STATE  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 reven-
 ues 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-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 administrative duties, excepting such as may be incidental to
 the performance of these functions, any other provision of this  consti-
 tution to the contrary notwithstanding.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89166-02-2
 A. 9266                             2
 
   §  2.  Resolved (if the Senate concur), That section 4 of article 5 of
 the constitution be amended and a new section 5  be  added  to  read  as
 follows:
   §  4.  The  head  of  the department of audit and control shall be the
 comptroller and of the department of law, the attorney-general, AND  THE
 CHIEF  ELECTIONS  OFFICER  OF THE STATE SHALL BE THE SECRETARY OF STATE.
 The head of the department of education shall  be  The  Regents  of  the
 University  of  the State of New York, who shall appoint and at pleasure
 remove a commissioner of education to be the chief administrative  offi-
 cer  of  the  department.  The head of the department of agriculture and
 markets shall be appointed in a manner to be prescribed by  law.  Except
 as  otherwise  provided  in  this  constitution,  the heads of all other
 departments and the members of all  boards  and  commissions,  excepting
 temporary  commissions  for  special purposes, shall be appointed by the
 governor by and with the advice and consent of the  senate  and  may  be
 removed by the governor, in a manner to be prescribed by law.
   §  5.  THE  SECRETARY  OF STATE SHALL ADMINISTER ELECTIONS IN NEW YORK
 STATE AND PROVIDE OVERSIGHT OF COUNTY  CLERKS  OFFICES  IN  EACH  COUNTY
 WITHIN THE STATE.
   §  3.  Resolved (if the Senate concur), That section 5 of article 4 of
 the constitution be amended by adding  two  undesignated  paragraphs  to
 read as follows:
   IF,  WHEN  THE DUTY OF ACTING AS GOVERNOR DEVOLVES UPON THE SPEAKER OF
 THE ASSEMBLY, THERE BE A VACANCY IN SUCH OFFICE OR THE  SPEAKER  OF  THE
 ASSEMBLY SHALL BE ABSENT FROM THE STATE OR OTHERWISE UNABLE TO DISCHARGE
 THE  DUTIES  OF  GOVERNOR,  THE COMPTROLLER SHALL ACT AS GOVERNOR DURING
 SUCH VACANCY OR INABILITY.
   IF, WHEN THE DUTY OF ACTING AS GOVERNOR DEVOLVES UPON THE COMPTROLLER,
 THERE BE A VACANCY IN SUCH OFFICE OR THE  COMPTROLLER  SHALL  BE  ABSENT
 FROM  THE STATE OR OTHERWISE UNABLE TO DISCHARGE THE DUTIES OF GOVERNOR,
 THE SECRETARY OF STATE SHALL ACT AS  GOVERNOR  DURING  SUCH  VACANCY  OR
 INABILITY.
   §  4.  Resolved (if the Senate 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.