Senate Bill S1589

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1589
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2025
                                ___________
 
 Introduced by Sens. GRIFFO, LANZA -- 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  special elections to fill the offices of
   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]  EXCEPT  AS OTHERWISE PROVIDED IN THIS SECTION, 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 comp-
 troller 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.] WHERE A VACANCY OCCURS DURING A TERM OF THE COMPTROLLER OR  ATTOR-
 NEY  GENERAL  A SPECIAL ELECTION SHALL BE CONDUCTED TO FILL SUCH OFFICE.
 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 meth-
 ods 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 divi-
 sion 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]
 THE COMPTROLLER:   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89024-01-5
 S. 1589                             2
 
 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] THE COMP-
 TROLLER 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.
   § 2. Resolved (if the Assembly 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.