Bill Text: NY A07343 | 2019-2020 | 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) 2020-02-14 - opinion referred to judiciary [A07343 Detail]

Download: New_York-2019-A07343-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7343
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 25, 2019
                                       ___________
        Introduced by M. of A. THIELE -- Multi-Sponsored by -- M. of A. GARBARI-
          NO,  MONTESANO,  RAIA  --  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
     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.
                                                                   LBD89030-01-9

        A. 7343                             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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