New York S 1292: Provides for procedure in filling vacancies in the offices of comptroller and attorney-general

Bill Text

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 Speaker Carl E. Heastie

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S01292 Summary:

BILL NOS01292 

&nbsp

SAME ASSAME AS A02333

&nbsp

SPONSORBORRELLO

&nbsp

COSPNSROBERACKER

&nbsp

MLTSPNSR

&nbsp

Amd Art 5 §1, Constn

&nbsp

Provides for procedure in filling vacancies in the offices of comptroller and attorney-general.

Go to top S01292 Actions:

BILL NOS01292 

&nbsp

01/09/2025REFERRED TO JUDICIARY

01/10/2025TO ATTORNEY-GENERAL FOR OPINION

01/31/2025OPINION REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

01/08/2026TO ATTORNEY-GENERAL FOR OPINION

02/03/2026OPINION REFERRED TO JUDICIARY

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Go to topS01292 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01292 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1292

 2025-2026 Regular Sessions

 IN SENATE

 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

 1 Section 1. Resolved (if the Assembly concur), That section 1 of arti-
 2 cle 5 of the constitution be amended to read as follows:
 3 Section 1. The comptroller and attorney-general shall be chosen at the
 4 same general election as the governor and hold office for the same term,
 5 and shall possess the qualifications provided in section 2 of article
 6 IV. The legislature shall provide for filling vacancies in the office of
 7 comptroller and of attorney-general until the next general election
 8 happening not less than three months after the office shall have become
 9 vacant, at which time a comptroller or attorney-general shall be elected
 10 to serve the remainder of the term. [No election of a comptroller or an
 11 attorney-general shall be had except at the time of electing a gover-
 12 nor.] In case the comptroller-elect or attorney-general-elect shall
 13 decline to serve or shall die, the legislature shall provide for filling
 14 the vacancy until the next general election. The comptroller shall be
 15 required: (1) to audit all vouchers before payment and all official
 16 accounts; (2) to audit the accrual and collection of all revenues and
 17 receipts; and (3) to prescribe such methods of accounting as are neces-
 18 sary for the performance of the foregoing duties. The payment of any
 19 money of the state, or of any money under its control, or the refund of
 20 any money paid to the state, except upon audit by the comptroller, shall
 21 be void, and may be restrained upon the suit of any taxpayer with the
 22 consent of the supreme court in appellate division on notice to the
 23 attorney-general. In such respect the legislature shall define the
 24 powers and duties and may also assign to [him or her] the comptroller:
 25 (1) supervision of the accounts of any political subdivision of the
 26 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

 1 assessment and taxation of real estate, including determination of
 2 ratios which the assessed valuation of taxable real property bears to
 3 the full valuation thereof, but not including any of those powers and
 4 duties reserved to officers of a county, city, town or village by virtue
 5 of [sections seven and eight of] article nine of this constitution. The
 6 legislature shall assign to [him or her] the comptroller no administra-
 7 tive duties, excepting such as may be incidental to the performance of
 8 these functions, any other provision of this constitution to the contra-
 9 ry notwithstanding.
 10 § 2. Resolved (if the Assembly concur), That the foregoing amendment
 11 be referred to the first regular legislative session convening after the
 12 next succeeding general election of members of the assembly, and, in
 13 conformity with section 1 of article 19 of the constitution, be
 14 published for 3 months previous to the time of such election.

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