S T A T E   O F   N E W   Y O R K
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                                  4348

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of  A.  CAHILL, SPANO, P. RIVERA, CUSICK, GOTTFRIED,
  JEFFRIES, BENEDETTO, PEOPLES-STOKES, GUNTHER, LUPARDO,  BING,  CAMARA,
  MAGEE,  BRENNAN,  JAFFEE,  GALEF, MAISEL, REILLY, GABRYSZAK, KAVANAGH,
  THIELE, PAULIN, MOLINARO, CROUCH, TOBACCO, CORWIN, SAYWARD  --  Multi-
  Sponsored  by  -- M. of A. COLTON, DUPREY, LANCMAN, P. LOPEZ, MILLMAN,
  RAIA, ROSENTHAL, SCHIMEL -- read once and referred to the Committee on
  Governmental Operations

            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 Senate concur), That section 1 of article
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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD89077-01-1

A. 4348                             2

(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  constitu-
tion].  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.
  S 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.