Bill Text: NY A09266 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires the secretary of state to be an elected position.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-02-18 - opinion referred to judiciary [A09266 Detail]

Download: New_York-2021-A09266-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9266

                   IN ASSEMBLY

                                    February 9, 2022
                                       ___________

        Introduced by M. of A. BURGOS -- read once and referred to the Committee
          on Governmental Operations

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to sections 1 and 4 of article 5 and section 5 of
          article  4, in relation to the election and duties of the secretary of
          state

     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, secretary of state and attorney-general
     4  shall be chosen at the same general election as the  governor  and  hold
     5  office  for the same term, and shall possess the qualifications provided
     6  in section 2 of article IV.  The legislature shall provide  for  filling
     7  vacancies  in  the  office  of  comptroller  and of attorney-general. No
     8  election of a comptroller, secretary of  state  or  an  attorney-general
     9  shall be had except at the time of electing a governor.  The comptroller
    10  shall  be  required:  (1)  to  audit all vouchers before payment and all
    11  official accounts; (2) to audit the accrual and collection of all reven-
    12  ues and receipts; and (3) to prescribe such methods of accounting as are
    13  necessary for the performance of the foregoing duties.  The  payment  of
    14  any money of the state, or of any money under its control, or the refund
    15  of  any  money  paid to the state, except upon audit by the comptroller,
    16  shall be void, and may be restrained upon the suit of any taxpayer  with
    17  the  consent of the supreme court in appellate division on notice to the
    18  attorney-general. In such  respect  the  legislature  shall  define  the
    19  powers  and duties and may also assign to him or her: (1) supervision of
    20  the accounts of any political subdivision of the state; and  (2)  powers
    21  and  duties  pertaining to or connected with the assessment and taxation
    22  of real estate, including determination of  ratios  which  the  assessed
    23  valuation  of taxable real property bears to the full valuation thereof,
    24  but not including any of those powers and duties reserved to officers of
    25  a county, city, town or village by virtue of sections seven and eight of
    26  article nine of this constitution. The legislature shall assign  to  him
    27  or  her no administrative duties, excepting such as may be incidental to
    28  the performance of these functions, any other provision of this  consti-
    29  tution to the contrary notwithstanding.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89166-02-2
        A. 9266                             2

     1    §  2.  Resolved (if the Senate concur), That section 4 of article 5 of
     2  the constitution be amended and a new section 5  be  added  to  read  as
     3  follows:
     4    §  4.  The  head  of  the department of audit and control shall be the
     5  comptroller and of the department of law, the attorney-general, and  the
     6  chief  elections  officer  of the state shall be the secretary of state.
     7  The head of the department of education shall  be  The  Regents  of  the
     8  University  of  the State of New York, who shall appoint and at pleasure
     9  remove a commissioner of education to be the chief administrative  offi-
    10  cer  of  the  department.  The head of the department of agriculture and
    11  markets shall be appointed in a manner to be prescribed by  law.  Except
    12  as  otherwise  provided  in  this  constitution,  the heads of all other
    13  departments and the members of all  boards  and  commissions,  excepting
    14  temporary  commissions  for  special purposes, shall be appointed by the
    15  governor by and with the advice and consent of the  senate  and  may  be
    16  removed by the governor, in a manner to be prescribed by law.
    17    §  5.  The  secretary  of state shall administer elections in New York
    18  state and provide oversight of county  clerks  offices  in  each  county
    19  within the state.
    20    §  3.  Resolved (if the Senate concur), That section 5 of article 4 of
    21  the constitution be amended by adding  two  undesignated  paragraphs  to
    22  read as follows:
    23    If,  when  the duty of acting as governor devolves upon the speaker of
    24  the assembly, there be a vacancy in such office or the  speaker  of  the
    25  assembly shall be absent from the state or otherwise unable to discharge
    26  the  duties  of  governor,  the comptroller shall act as governor during
    27  such vacancy or inability.
    28    If, when the duty of acting as governor devolves upon the comptroller,
    29  there be a vacancy in such office or the  comptroller  shall  be  absent
    30  from  the state or otherwise unable to discharge the duties of governor,
    31  the secretary of state shall act as  governor  during  such  vacancy  or
    32  inability.
    33    §  4.  Resolved (if the Senate concur), That the foregoing be referred
    34  to the first  regular  legislative  session  convening  after  the  next
    35  succeeding general election of members of the assembly, and, in conform-
    36  ity with section 1 of article 19 of the constitution, be published for 3
    37  months previous to the time of such election.