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S1244Senate2017-2018 SessionSame asA3553

Let Voters Repeal New Laws

Official title

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

Sponsor Kenneth P. LaValleSD-1Affects Legal
Status
In Senate Committee
Judiciary
Impact
9/10
Transformational
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill proposes a constitutional amendment to allow New York voters to veto new taxes or fees through a petition and referendum process.

Why it matters

  1. Empowers voters to directly challenge new taxes or fees. By allowing citizens to veto recently enacted taxes, fees, assessments, or surcharges, this amendment would give the public a check on the state legislature’s power to increase government revenue.

  2. Thresholds and geographic requirements aim to ensure broad support. The petition process requires signatures from at least 5% of voters from the last governor’s race, and mandates that at least half those signatures come from outside New York City, preventing a single region from dominating the process.

  3. Automatically suspends targeted laws during review. If a valid petition is filed, the affected tax or fee law is immediately put on hold until voters decide at the next general election, giving citizens a direct way to pause implementation of controversial fiscal measures.

  4. Could significantly alter legislative decision-making. Knowing that new taxes or fees might face a people’s veto, lawmakers may become more cautious or selective about enacting such measures, potentially affecting how the state funds public services or infrastructure.

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Who cares

Headline styles

Let Voters Repeal New Laws

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

No co-sponsors yet.

History

  1. Opinion referred to judiciary
  2. To attorney-general for opinion
  3. Referred to judiciary
  4. Opinion referred to judiciary
  5. To attorney-general for opinion
  6. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3553Assembly

Let Voters Repeal New Laws

In Assembly Committee · Judiciary · Sponsor Fred Thiele

Impact 9 · Transformational0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1244

2017-2018 Regular Sessions

IN SENATE

January 6, 2017

Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed 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

Section 1. Resolved (if the Assembly concur), That article 1 of the constitution be amended by adding a new section 19 to read as follows:

§ 19. People's veto. 1. Petition procedure; petition for people's veto. Notwithstanding any other section of this constitution to the contrary, upon a written petition of the electors of the state, the number of which shall not be less than 5 percent 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 ninetieth day after a bill shall have become law pursuant to article 4, section 7 of this constitution, 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, be referred to the people, 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 of a city with a population of one million or more.

2. Effect of referendum. 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 finally determined, in accordance with any procedure enacted by the legislature, pursuant to the constitution, that such petition was invalid, such law or part or parts thereof shall then take effect upon the day following such final determination.

3. Referral to electors; proclamation by governor. As soon as it appears that the effect of any law or part or parts thereof has been

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD89029-01-7

S. 1244 2

suspended by petition in manner aforesaid, the governor by public proclamation shall give notice thereof and of the time when such measure is to be voted on by the people, which shall be at the next general election, not less than 60 days after such proclamation.

§ 2. 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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

2015-16 S.282/A.279 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.