Bill Text: NY S00282 | 2015-2016 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-06 - OPINION REFERRED TO JUDICIARY [S00282 Detail]

Download: New_York-2015-S00282-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          282
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       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
    1    Section 1. Resolved (if the Assembly concur), That article  1  of  the
    2  constitution be amended by adding a new section 19 to read as follows:
    3    S  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.
                                                                  LBD89009-01-5
       S. 282                              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    S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
    8  be 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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