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