senate Bill S6752

2021-2022 Legislative Session

Provides for procedure in filling vacancies in 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2021 opinion referred to judiciary
May 21, 2021 to attorney-general for opinion
May 14, 2021 referred to judiciary

S6752 (ACTIVE) - Details

See Assembly Version of this Bill:
A6297
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §1, Constn
Versions Introduced in Other Legislative Sessions:
2009-2010: A1140
2011-2012: A1251
2013-2014: A381
2015-2016: A3261
2017-2018: A1772
2019-2020: A3584

S6752 (ACTIVE) - Summary

Provides for procedure in filling vacancies in the offices of comptroller and attorney-general.

S6752 (ACTIVE) - Sponsor Memo

S6752 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6752
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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 article 5 of the constitution, relating to the
   filling of vacancies in the offices of comptroller and attorney-gener-
   al

   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  UNTIL  THE  NEXT  GENERAL  ELECTION
 HAPPENING  NOT LESS THAN THREE MONTHS AFTER THE OFFICE SHALL HAVE BECOME
 VACANT, AT WHICH TIME A COMPTROLLER OR ATTORNEY-GENERAL SHALL BE ELECTED
 TO SERVE THE REMAINDER OF THE TERM.  [No election of a comptroller or an
 attorney-general shall be had except at the time of  electing  a  gover-
 nor.]  IN  CASE  THE  COMPTROLLER-ELECT  OR ATTORNEY-GENERAL-ELECT SHALL
 DECLINE TO SERVE OR SHALL DIE, THE LEGISLATURE SHALL PROVIDE FOR FILLING
 THE VACANCY UNTIL THE NEXT GENERAL ELECTION. 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 neces-
 sary 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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