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A01772 Summary:

BILL NOA01772
 
SAME ASNo Same As
 
SPONSORHawley
 
COSPNSRBarclay, Kolb, McDonough, Finch, Raia, Friend, Castorina, Brabenec, Smith, Mikulin
 
MLTSPNSRCrouch, Giglio, Goodell, Stec, Thiele
 
Amd Art 5 1, Constn
 
Provides for procedure in filling vacancies in the offices of comptroller and attorney-general.
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A01772 Actions:

BILL NOA01772
 
01/13/2017referred to judiciary
01/18/2017to attorney-general for opinion
02/10/2017opinion referred to judiciary
06/07/2017held for consideration in judiciary
01/03/2018referred to judiciary
01/08/2018to attorney-general for opinion
01/31/2018opinion referred to judiciary
05/31/2018held for consideration in judiciary
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A01772 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1772
 
SPONSOR: Hawley (MS)
  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 comp- troller 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 comp- troller or an attorney-general shall be had except at the time of elect- ing a governor," and inserting the provision that legislative appoint- ments 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 gener- al-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 of 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, A11113 05/16/2008 referred to judiciary 05/19/2008 to attorney- general for opinion 06/12/2008 opinion referred to judiciary 06/03/10 - held for consideration in judiciary 05/22/2012 - A.1251 - held for consideration in judiciary 05/28/14 A381 held for consideration in judiciary 05/17/16 held for consideration in judiciary A3261   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect upon amendment of the constitution pursuant to its provisions.
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A01772 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1772
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2017
                                       ___________
 
        Introduced  by M. of A. HAWLEY, BARCLAY, KOLB, McDONOUGH, FINCH, RAIA --
          Multi-Sponsored by -- M. of A. CROUCH, GIGLIO, GOODELL, 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
 
     1    Section 1. Resolved (if the Senate concur), That section 1 of  article
     2  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: (1) supervision of
    25  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.
                                                                   LBD89022-01-7

        A. 1772                             2
 
     1  and  duties  pertaining to or connected with the assessment and taxation
     2  of real estate, including determination of  ratios  which  the  assessed
     3  valuation  of taxable real property bears to the full valuation thereof,
     4  but not including any of those powers and duties reserved to officers of
     5  a  county,  city, town or village by virtue of [sections seven and eight
     6  of] article nine of this constitution. The legislature shall  assign  to
     7  him or her no administrative duties, excepting such as may be incidental
     8  to  the  performance  of  these  functions,  any other provision of this
     9  constitution to the contrary notwithstanding.
    10    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    11  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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