S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6297
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2021
                                ___________
 
 Introduced  by  M.  of  A. HAWLEY, BARCLAY, McDONOUGH, FRIEND, BRABENEC,
   SMITH, MIKULIN, SALKA, SMULLEN, DeSTEFANO, WALSH, B. MILLER, MANKTELOW
   -- Multi-Sponsored by -- M. of A.  J. M. GIGLIO,  GOODELL,  M. MILLER,
   THIELE -- read once and referred to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

 proposing an amendment to article 5 of the constitution, relating to the
   filling of vacancies in the offices of comptroller and attorney-gener-
   al
 
   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  UNTIL  THE NEXT GENERAL ELECTION
 HAPPENING NOT LESS THAN THREE MONTHS AFTER THE OFFICE SHALL HAVE  BECOME
 VACANT, AT WHICH TIME A COMPTROLLER OR ATTORNEY-GENERAL SHALL BE ELECTED
 TO SERVE THE REMAINDER OF THE TERM.  [No election of a comptroller or an
 attorney-general  shall  be  had except at the time of electing a gover-
 nor.] IN CASE  THE  COMPTROLLER-ELECT  OR  ATTORNEY-GENERAL-ELECT  SHALL
 DECLINE TO SERVE OR SHALL DIE, THE LEGISLATURE SHALL PROVIDE FOR FILLING
 THE  VACANCY  UNTIL  THE NEXT GENERAL ELECTION. 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  neces-
 sary  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-general.  In  such  respect  the  legislature  shall define the
 powers and duties and may also assign to him or her: (1) supervision  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89014-01-1

 A. 6297                             2
 
 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 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.