NY State Senate Bill 2017-S4321

Senate Bill S4321

2017-2018 Legislative Session

Provides for the governor to fill a vacancy for the offices of comptroller and attorney-general

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 14, 2018	opinion referred to judiciary
Feb 09, 2018	to attorney-general for opinion
Jan 03, 2018	referred to judiciary
Mar 10, 2017	opinion referred to judiciary
Feb 16, 2017	to attorney-general for opinion
Feb 09, 2017	referred to judiciary

2017-S4321 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 5 §1, Constn
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1496
2021-2022: S1538
2023-2024: S1389
2025-2026: S2342

2017-S4321 (ACTIVE) - Summary

Provides for the governor to fill a vacancy for the offices of comptroller and attorney general and for such person to serve until the next general election.

2017-S4321 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4321

 TITLE OF BILL :  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 1 of article 5 of the constitution,
in relation to providing for the governor to fill a vacancy of the
office of the comptroller and attorney-general

 PURPOSE OR GENERAL IDEA OF BILL :

To provide the New York state voters with the opportunity to select a
comptroller or attorney general if a vacancy occurs in either one of
these offices in the middle of the four year term by allowing the
governor to make the interim appointment and then providing for the
office to be filled by the voters at the very next general election in
November after the interim appointment is made.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill amends Article V, section 1 of the New York State
Constitution to stipulate that if a vacancy occurs in the offices of
either the State Comptroller or Attorney General during their four
year term, then the governor shall make an interim appointment with
such person only serving in the office until the very next general
election. The person elected at such general election would then serve
the remainder of the term with the office next up for election when
the governor's office is next up for election.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

Removes the power to appoint a person to fill the unexpired term in
the offices of either Comptroller or Attorney General from the
Legislature and provides for such office to be filled for the
remainder of the unexpired term by a statewide vote at the next
general election with the Governor appointing an interim
Comptroller/Attorney General until that general election.

 JUSTIFICATION :

The Comptroller and the Attorney General are one of four statewide
elected offices. Given the extremely high importance of such offices
and their prominence, it does not seem appropriate to allow the
Legislature to choose a person to fill such office for the entire
unexpired term (which could be as long as almost four full years).
This measure recognizes that the people are the ultimate source of
authority for all statewide elected offices by having the Governor
select a person to serve as either Comptroller or Attorney General for
only that time up to the next general election held after the
Governor's interim appointment.

This should make the process of choosing a successor to the office of
Comptroller or Attorney General much more open, inclusive and
democratic by having it decided at the ballot box rather than behind
closed doors.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Possibly a slight increased administrative cost for the general
election but this should be minimized by the fact that other
candidates will be on the ballot.

 EFFECTIVE DATE :
Upon approval by two separately elected State Legislatures and
approval by the voters in a referendum.

2017-S4321 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4321
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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 the governor to fill a vacancy of the office
   of the 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 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. No election of a comptroller or
 an attorney-general shall be had except at the time of electing a gover-
 nor.] IF A VACANCY SHALL OCCUR DURING A TERM OF SUCH OFFICES,  OTHERWISE
 THAN  BY  EXPIRATION  OF  TERM,  THE  GOVERNOR SHALL APPOINT A PERSON TO
 EXECUTE THE DUTIES OF THE OFFICE OF THE COMPTROLLER OR ATTORNEY-GENERAL,
 AS THE CASE MAY BE, AND SUCH PERSON SHALL SERVE UNTIL THE  NEXT  GENERAL
 ELECTION. IF SUCH NEXT GENERAL ELECTION IS AT A TIME OTHER THAN THE TIME
 OF ELECTING A GOVERNOR, AN ELECTION SHALL BE HELD AT SUCH TIME AND SHALL
 BE TO FILL THE RESIDUE OF THE TERM UNTIL THE NEXT GENERAL ELECTION WHERE
 A  GOVERNOR  SHALL BE ELECTED. 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  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-gener-
 al.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89063-01-7

 S. 4321                             2
 
 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 coun-
 ty, 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.
   § 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.

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