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Sponsors
Senator · Senate District 61
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for procedure in filling vacancies in the offices of comptroller and attorney-general
In Assembly Committee · Judiciary · Sponsor Stephen Hawley
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4289
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 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
2012 - S.509/A.1251 -- JUDICIARY/judiciary 2010 - S.6127/A.1140 --JUDICIARY/judiciary
Fiscal implications
None.
Effective date
This act shall take effect upon amendment of the constitution pursuant to its provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.