S509-2011 Actions

• Feb 8, 2012: OPINION REFERRED TO JUDICIARY
• Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
• Jan 4, 2012: REFERRED TO JUDICIARY
• Apr 27, 2011: OPINION REFERRED TO JUDICIARY
• Jan 14, 2011: TO ATTORNEY-GENERAL FOR OPINION
• Jan 5, 2011: REFERRED TO JUDICIARY

S509-2011 Memo

BILL NUMBER:S509

TITLE OF BILL:
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-general

PURPOSE OR GENERAL IDEA OF BILL:
Provides for procedure in filling
vacancies in the offices of comptroller and attorney-general.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Provides that section 1 of
article 5 of the constitution be amended by removing the provision
stating that, "No election of a comptroller or an attorney-general
shall be had except at the time of electing a governor," and
inserting the provision that legislative appointments to fill these
offices will only last until the next general election, provided it
is at least three months in the future. At this time, an election
will be held for the office, the winner of which will serve out the
remainder of the term.
An additional sentence is also added declaring that, "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."

Section 2. Provides that the proposed amendment be referred to the
first regular legislative session convening after the next succeeding
general election of members of the assembly, and be published for
three months previous to the time of such election in accordance with
section 1 of article 19 of the constitution.

JUSTIFICATION:
As the constitution currently reads, the legislature
has the authority to fill vacancies in these offices for up to their
full four year terms without the voters 0..: the state having the
opportunity to approve of the new office-holder via their vote in an
election. For the legislature to have the power to fill vacancies in
these offices for their full four year terms without the consent of
the voters being taken into account demonstrates a lack of direct
democratic participation in this process that should be corrected.
With this amendment, the power to fill these influential offices will
be returned to the voters of the state.

PRIOR LEGISLATIVE HISTORY:
2008: A.11113 05/16/2008 referred to
judiciary 05/19/2008 to attorney-general for opinion 06/12/2008
opinion referred to judiciary
2009-2010: S.6127 opinion referred to judiciary

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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.

S509-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     509

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen. MAZIARZ -- 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 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 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
  the accounts of any political subdivision of the state; and  (2)  powers

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD89018-01-1

 S. 509                              2

  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.
    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.