Provides for special elections for the offices of comptroller and attorney general for vacancies during a term.
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 special elections to fill the offices of comptroller and attorney general
PURPOSE: To provide for special elections to be held to fill vacancies in the offices of the Comptroller and Attorney General.
SUMMARY OF PROVISIONS: The bill amends section 1, article 5 of the constitution to establish that when a vacancy occurs during the term of the comptroller or attorney general, a special election shall be conducted to fill such office.
EXISTING LAW: Existing law provides that the Legislature shall provide for filling vacancies in the office of comptroller and attorney general.
JUSTIFICATION: The State Comptroller oversees the state's $145.7 billion pension fund and is responsible for hundreds of yearly audits of cities, towns, school districts and other government agencies. He or she is responsible for ensuring that tax dollars are spent prudently and productively. The Attorney General is the state's chief legal officer. The State Comptroller and the Attorney General are both representatives of the people of the state and as such should always be elected by the people even in cases of vacancies. Enactment of this measure will ensure these officers are chosen by the people of the state and not the Legislature.
LEGISLATIVE HISTORY: 2008 - S.2724 - Passed Senate/ A.5703 - Judiciary Committee. 2009 - S.2930 - Judiciary Committee/A.580 - Governmental Operations Committee.
FISCAL IMPLICATIONS: Costs associated with conducting a statewide election.
EFFECTIVE DATE: RESOLVED (if the Assembly concur), That the foregoing amendments be 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.
STATE OF NEW YORK ________________________________________________________________________ 3266 2011-2012 Regular Sessions IN SENATE February 15, 2011 ___________Introduced by Sens. GRIFFO, DeFRANCISCO, FUSCHILLO, GOLDEN, GRISANTI, JOHNSON, LANZA, LARKIN, LAVALLE, MAZIARZ, O'MARA, RANZENHOFER, SEWARD, ZELDIN -- 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 special elections to fill the offices of 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] EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, 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 comp- troller 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.] WHERE A VACANCY OCCURS DURING A TERM OF THE COMPTROLLER OR ATTOR- NEY GENERAL A SPECIAL ELECTION SHALL BE CONDUCTED TO FILL SUCH OFFICE. 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: (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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89077-01-1 S. 3266 2 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 constitu- tion]. 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. S 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.