S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1292
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced by Sens. BORRELLO, OBERACKER -- read twice and ordered print-
   ed, and when printed to be committed 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 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  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]  THE  COMPTROLLER:
 (1)  supervision  of  the  accounts  of any political subdivision of the
 state; and (2) powers and duties pertaining to  or  connected  with  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89028-01-5
 S. 1292                             2
 
 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] THE COMPTROLLER no  administra-
 tive  duties,  excepting such as may be incidental to the performance of
 these functions, any other provision of this constitution to the contra-
 ry 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.