Assembly Bill A5898

2019-2020 Legislative Session

Relates to filling vacancies in the office of comptroller or attorney-general

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Archive: Last Bill Status - In Assembly 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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2019-A5898 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §1, Constn
Versions Introduced in 2017-2018 Legislative Session:
A10848

2019-A5898 (ACTIVE) - Summary

Relates to filling vacancies in the office of comptroller or attorney-general, providing for special elections to fill such positions for the remainder of the term.

2019-A5898 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5898
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MALLIOTAKIS -- 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 filling vacancies in the office of comptroller  or  attor-
   ney-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 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]  IN THE EVENT A VACANCY SHALL OCCUR IN THE OFFICE OF COMPTROLLER OR
 ATTORNEY-GENERAL PRIOR TO THE EXPIRATION OF THE TERM THEREOF, A  SPECIAL
 ELECTION  SHALL  BE  CALLED  BY THE GOVERNOR TO FILL THE VACANCY FOR THE
 REMAINDER OF THE TERM. PROVIDED, HOWEVER, IF THE VACANCY OCCURS  IN  THE
 OFFICE  OF  THE COMPTROLLER OR ATTORNEY-GENERAL WITHIN THE SAME CALENDAR
 YEAR AS THE NEXT GENERAL ELECTION AT  WHICH  SUCH  OFFICERS  ARE  TO  BE
 CHOSEN,  NO  SPECIAL  ELECTION  SHALL BE CALLED AND THE OFFICES SHALL BE
 FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM AS PROVIDED BY THE LEGIS-
 LATURE.  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
              

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