S1651-2013 Actions

• Feb 6, 2013: OPINION REFERRED TO JUDICIARY
• Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
• Jan 9, 2013: REFERRED TO JUDICIARY

S1651-2013 Memo

BILL NUMBER:S1651

TITLE OF BILL:
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

PURPOSE:
Establishes a procedure for a people's veto of laws enacted by the
legislature.

SUMMARY OF PROVISIONS:
Concurrent resolution of the Senate and the Assembly amending Article
1 of the constitution by adding a new Section 19 providing for a
people's veto.

JUSTIFICATION:
This legislation would provide the electors of the State of New York
with the power of a "people's veto". It establishes a petition
procedure by the electors of the state, the number of which shall not
be less than 5% 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 90th day
after a bill shall have become law 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 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 a city with a population of
one million or more.

The effect of any law or part or parts thereof as are specified in
such petition shall be suspended upon the fling of such petition. If
it is later determined that petition is invalid, the law will take
effect the next day.

As soon as it appears that the effect of any law or part or parts
thereof have been suspended by the petition procedure, the governor
shall make a public notification thereof and declare a time
when such measure is to be voted on by the people, which shall be at
the next general election not less than 60 after such proclamation.

LEGISLATIVE HISTORY:
2011-12 S.4866; 2010 S.7325/A.10193,

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
Resolved (if the Assembly 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.

S1651-2013 Text

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

                                    1651

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. LAVALLE -- 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 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 Assembly 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

 S. 1651                             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 Assembly 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.