Establishes a procedure for a people's veto of laws enacted by the legislature

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

2013-14 S.1651/A.3118; 2011-12 S.4866; 2010 S.7325/A.10193.

Fiscal implications

To be determined.

Effective date

Resolved (if the 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.