S T A T E   O F   N E W   Y O R K
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                                  3118

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by M. of A. THIELE, CASTRO -- Multi-Sponsored by -- M. of A.
  MONTESANO, RAIA, SALADINO -- read once and referred to  the  Committee
  on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  an amendment to article 1 of the constitution, in relation to
  establishing a procedure for a people's veto of laws  enacted  by  the
  legislature

  Section  1.  Resolved  (if  the  Senate concur), That article 1 of the
constitution be amended by adding a new section 19 to read as follows:
  S 19. PEOPLE'S VETO. 1.  PETITION  PROCEDURE;  PETITION  FOR  PEOPLE'S
VETO.  NOTWITHSTANDING  ANY  OTHER  SECTION  OF THIS CONSTITUTION TO THE
CONTRARY, UPON A WRITTEN PETITION OF THE  ELECTORS  OF  THE  STATE,  THE
NUMBER  OF  WHICH SHALL NOT BE LESS THAN 5 PERCENT OF THE TOTAL VOTE FOR
GOVERNOR CAST IN THE LAST GUBERNATORIAL ELECTION PRECEDING THE FILING OF
SUCH PETITION, FILED IN THE OFFICE OF THE  SECRETARY  OF  STATE,  ON  OR
BEFORE  THE NINETIETH DAY AFTER A BILL SHALL HAVE BECOME LAW PURSUANT TO
ARTICLE 4, SECTION 7 OF THIS  CONSTITUTION,  WHICH  INCREASES,  EXTENDS,
IMPOSES,  OR  REVIVES  ANY  TAX, FEE, ASSESSMENT, SURCHARGE OR ANY OTHER
SUCH LEVY OR COLLECTION, REQUESTING THAT SUCH LAW OR PART OR PARTS THER-
EOF, BE REFERRED TO THE PEOPLE, SUCH LAW OR PART OR PARTS THEREOF AS ARE
SPECIFIED IN SUCH PETITION SHALL NOT TAKE EFFECT UNTIL 30 DAYS AFTER THE
GOVERNOR SHALL HAVE ANNOUNCED BY PUBLIC PROCLAMATION THAT THE SAME  HAVE
BEEN  RATIFIED BY A MAJORITY OF THE ELECTORS VOTING THEREON AT A GENERAL
ELECTION. AT LEAST ONE-HALF OF THE SIGNATURES  SHALL  BE  FROM  ELECTORS
RESIDING OUTSIDE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE.
  2. EFFECT OF REFERENDUM. THE EFFECT OF ANY LAW OR PART OR PARTS THERE-
OF  AS ARE SPECIFIED IN SUCH PETITION SHALL BE SUSPENDED UPON THE FILING
OF SUCH PETITION. IF IT IS LATER FINALLY DETERMINED, IN ACCORDANCE  WITH
ANY  PROCEDURE ENACTED BY THE LEGISLATURE, PURSUANT TO THE CONSTITUTION,
THAT SUCH PETITION WAS INVALID, SUCH LAW OR PART OR PARTS THEREOF  SHALL
THEN TAKE EFFECT UPON THE DAY FOLLOWING SUCH FINAL DETERMINATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89016-01-3
              

A. 3118                             2

  3.  REFERRAL  TO  ELECTORS;  PROCLAMATION  BY  GOVERNOR. AS SOON AS IT
APPEARS THAT THE EFFECT OF ANY LAW OR PART OR  PARTS  THEREOF  HAS  BEEN
SUSPENDED  BY PETITION IN MANNER AFORESAID, THE GOVERNOR BY PUBLIC PROC-
LAMATION SHALL GIVE NOTICE THEREOF AND OF THE TIME WHEN SUCH MEASURE  IS
TO  BE  VOTED  ON  BY  THE  PEOPLE,  WHICH  SHALL BE AT THE NEXT GENERAL
ELECTION, NOT LESS THAN 60 DAYS AFTER SUCH PROCLAMATION.
  S 2. Resolved (if the Senate concur), That the foregoing amendment  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.