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A08392 Summary:

BILL NOA08392
 
SAME ASSAME AS S04757
 
SPONSORLentol
 
COSPNSR
 
MLTSPNSR
 
Amd 4-108, rpld 4-108 sub 3, El L
 
Provides that the text to be used in a proposed amendment, proposition or question to be submitted to the people for approval shall be in the legislation proposing such amendment, proposition or question and shall not be altered without approval by the legislature.
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A08392 Actions:

BILL NOA08392
 
06/13/2017referred to election law
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A08392 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8392
 
SPONSOR: Lentol
  TITLE OF BILL: An act to amend the election law, in relation to language used in a proposed amendment, proposition or question to be submitted to the people for their approval; and to repeal certain provisions of such law relating thereto   PURPOSE: To ensure that proposed amendments, propositions or questions placed before voters contain language agreed upon by the Legislature and the Executive. Additionally, the agreed text to be placed before voters cannot be altered without the approval of the Legislature.   SUMMARY OF PROVISIONS: This bill changes the process by which the language used in amendments, propositions or questions is presented to voters. It states that any legislation enacting any of the aforementioned must contain the exact language that is to be used on ballots submitted to voters for their consideration. If any changes to the text are proposed after the legis- lation has been signed into law those changes must be re-approved by the Legislature. The attorney general would no longer advise in the preparation of the text of amendments, propositions or questions.   EXISTING LAW: Current law provides a general outline on the minimum construct of an amendment, proposition or question to be submitted to voters for their approval of such amendment, proposition or question.   JUSTIFICATION: Currently, language used in amendments, propositions or questions submitted before the voting public are subject to influence by the Exec- utive. This was evidenced in 2013 when the text of the constitutional amendment to allow for casino gaming mirrored the comments of the gover- nor and other proponents of such amendment. This bill would allow for an objective process whereby the language to be used in an amendment, proposition or question submitted before voters will be included in the bill text of the legislation calling for such action. This will limit the amount of influence that the language of the text used in an amendment, proposition or question has when being considered by voters.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A08392 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8392
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 13, 2017
                                       ___________
 
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Election Law
 
        AN  ACT  to  amend  the  election law, in relation to language used in a
          proposed amendment, proposition or question to  be  submitted  to  the
          people  for  their  approval; and to repeal certain provisions of such
          law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  2  of  section 4-108 of the election law, as
     2  amended by chapter 136 of the laws  of  1978,  is  amended  to  read  as
     3  follows:
     4    2.  The  form in which the proposed amendment, proposition or question
     5  is to be submitted shall consist of only an abbreviated title indicating
     6  generally and briefly, and in a clear and coherent  manner  using  words
     7  with common and every-day meanings, the subject matter of the amendment,
     8  proposition or question. The text of the amendment, proposition or ques-
     9  tion to be submitted to the people for their approval pursuant to subdi-
    10  vision  one  of this section shall be included in the text of the legis-
    11  lation proposing such amendment, proposition or question.  The  text  of
    12  such  proposed amendment, proposition or question to be submitted to the
    13  people for their approval shall not be altered without the  approval  of
    14  the  legislature.  If more than one such amendment, proposition or ques-
    15  tion is to be voted upon at such election, each such amendment, proposi-
    16  tion or question respectively  shall  be  separately  and  consecutively
    17  numbered.
    18    § 2. Subdivision 3 of section 4-108 of the election law is REPEALED.
    19    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09661-01-7
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