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
              

                       [ ] is old law to be omitted.
                                                            LBD89114-01-9

 A. 5898                             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] SECTION 1 of article [nine] IX AND SECTION
 13 OF ARTICLE XIII 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.