A02089 Summary:

BILL NOA02089
 
SAME ASSAME AS S04866
 
SPONSORThiele (MS)
 
COSPNSRSchroeder, Castro
 
MLTSPNSRAmedore, Conte, Montesano, Raia, Saladino, Tobacco
 
Add Art 1 S19, Constn
 
Establishes a procedure for a people's veto of laws enacted by the legislature.
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A02089 Actions:

BILL NOA02089
 
01/13/2011referred to judiciary
01/18/2011to attorney-general for opinion
04/27/2011opinion referred to judiciary
01/04/2012referred to judiciary
01/18/2012to attorney-general for opinion
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A02089 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2089
 
SPONSOR: Thiele (MS)
  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 filing 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 there- of 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: 2010: A.10193/S.7325 - Remained in Judiciary Committee   FISCAL IMPACT ON THE STATE: To be determined.   EFFECTIVE DATE: Resolved (if the Senate and 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 consti- tution, be published for 3 months previous to the time of such election.
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A02089 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2089
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2011
                                       ___________
 
        Introduced  by  M. of A. THIELE, SCHROEDER, CASTRO -- Multi-Sponsored by
          -- M. of A. AMEDORE, CONTE, MONTESANO, RAIA, SALADINO, TOBACCO -- 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.
                                                                   LBD89048-01-1

        A. 2089                             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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