A02089 Summary:

BILL NO    A02089 

SAME AS    SAME AS S04866

SPONSOR    Thiele (MS)

COSPNSR    Schroeder, Castro

MLTSPNSR   Amedore, 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 NO    A02089 

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

There are no votes for this bill in this legislative session.
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A02089 Memo:

BILL NUMBER:A2089

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
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:

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 constitution, be published for 3 months previous to the time
of such election.
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A02089 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2089

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    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.
                                                                  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    S 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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