Bill Text: NY A03553 | 2017-2018 | General Assembly | Introduced


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

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2018-01-31 - opinion referred to judiciary [A03553 Detail]

Download: New_York-2017-A03553-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3553
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced by M. of A. THIELE -- Multi-Sponsored by -- M. of A. GARBARI-
          NO, MONTESANO, RAIA, SALADINO -- read once and referred to the Commit-
          tee 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
     1    Section  1.  Resolved  (if  the  Senate concur), That article 1 of the
     2  constitution be amended by adding a new section 19 to read as follows:
     3    § 19. People's veto. 1.  Petition  procedure;  petition  for  people's
     4  veto.  Notwithstanding  any  other  section  of this constitution to the
     5  contrary, upon a written petition of the  electors  of  the  state,  the
     6  number  of  which shall not be less than 5 percent of the total vote for
     7  governor cast in the last gubernatorial election preceding the filing of
     8  such petition, filed in the office of the  secretary  of  state,  on  or
     9  before  the ninetieth day after a bill shall have become law pursuant to
    10  article 4, section 7 of this  constitution,  which  increases,  extends,
    11  imposes,  or  revives  any  tax, fee, assessment, surcharge or any other
    12  such levy or collection, requesting that such law or part or parts ther-
    13  eof, be referred to the people, such law or part or parts thereof as are
    14  specified in such petition shall not take effect until 30 days after the
    15  governor shall have announced by public proclamation that the same  have
    16  been  ratified by a majority of the electors voting thereon at a general
    17  election. At least one-half of the signatures  shall  be  from  electors
    18  residing outside of a city with a population of one million or more.
    19    2. Effect of referendum. The effect of any law or part or parts there-
    20  of  as are specified in such petition shall be suspended upon the filing
    21  of such petition. If it is later finally determined, in accordance  with
    22  any  procedure enacted by the legislature, pursuant to the constitution,
    23  that such petition was invalid, such law or part or parts thereof  shall
    24  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.
                                                                   LBD89029-01-7

        A. 3553                             2
     1    3.  Referral  to  electors;  proclamation  by  governor. As soon as it
     2  appears that the effect of any law or part or  parts  thereof  has  been
     3  suspended  by petition in manner aforesaid, the governor by public proc-
     4  lamation shall give notice thereof and of the time when such measure  is
     5  to  be  voted  on  by  the  people,  which  shall be at the next general
     6  election, not less than 60 days after such proclamation.
     7    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
     8  referred  to  the  first regular legislative session convening after the
     9  next succeeding general election of members of  the  assembly,  and,  in
    10  conformity  with  section  1  of  article  19  of  the  constitution, be
    11  published for 3 months previous to the time of such election.
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