S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4251
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. HAWLEY, BARCLAY, McDONOUGH, FRIEND, BRABENEC,
   SMITH, MIKULIN, SMULLEN, DeSTEFANO, WALSH, MILLER,  MANKTELOW,  DURSO,
   TANNOUSIS,   BYRNES,   TAGUE   --  Multi-Sponsored  by  --  M.  of  A.
   J. M. GIGLIO, GOODELL, THIELE -- read once and referred to the Commit-
   tee 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 Senate concur), That section 1 of  article
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89040-01-3
 A. 4251                             2
 
 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
 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.