Bill S1651-2013

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

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

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  • Feb 19, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Feb 6, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 9, 2013: REFERRED TO JUDICIARY

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1651 2013-2014 Regular Sessions IN 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.

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