What's happening
This bill amends the state constitution to require that the New York Attorney General must be admitted to practice law in the state.
Why it matters
Ensures Professional Qualifications. By requiring that the Attorney General be admitted to practice law in New York, the amendment guarantees that the state’s top legal officer has the necessary legal credentials and is familiar with state law and legal procedures.
Potentially Narrows Candidate Pool. This change could reduce the diversity of backgrounds among Attorney General candidates by excluding individuals who may have strong leadership or policy experience but lack a New York law license.
Aligns with Public Expectations. Many voters may assume that the Attorney General is already required to be a licensed attorney in the state; this amendment formally codifies that expectation in the constitution, increasing transparency and clarity.
Strengthens Legal Oversight. The amendment aims to protect the integrity and effectiveness of the Attorney General’s office by ensuring its occupant meets minimum professional standards to handle complex legal matters on behalf of the state.
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Who cares
Headline styles
Require AG Be NY Lawyer
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8714
IN SENATE
May 10, 2018
Introduced by Sen. CARLUCCI -- 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 section 1 of article 5 of the constitution, in relation to qualifications for the office of attorney-general
Section 1. Resolved (if the Assembly concur), That section 1 of article 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, provided that no person shall be eligible for the office of attorney-general unless such person has been admitted to the practice of law in this state. The legislature shall provide for filling vacancies in the office of comptroller and of attorney-general. No election of a comptroller or an attorney-general shall be had except at the time of electing a governor. 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 necessary 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89146-02-8
S. 8714 2
these functions, any other provision of this constitution to the contrary notwithstanding.
§ 2. Resolved (if the Assembly concur), That the foregoing 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 5 of the constitution, in relation to qualifica- tions for the office of attorney-general
Purpose
This bill would amend the qualifications for the office of attorney general to only persons who have been admitted to the practice of law in the state of New York.
Summary of provisions
Section one of this bill amends section 1 of article 5 of the constitu- tion in relation to the qualifications for the office of attorney gener- al.
Section two provides the effective date.
Justification
This legislation would ensure the attorney general must be qualified to practice law in the state of New York.
Legislative history
New bill.
Fiscal implications
None.
Effective date
Resolved (if the Assembly concur), That the foregoing 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.