S T A T E O F N E W Y O R K
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9266
I N A S S E M B L Y
February 9, 2022
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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.