What's happening
This bill proposes a constitutional amendment allowing voters to petition for a statewide referendum to veto new tax or fee laws.
Why it matters
Empowers citizens to directly challenge new or increased taxes, fees, or similar charges by initiating a referendum if they gather signatures from at least 5% of voters statewide, with a requirement that at least half of the signatures come from outside New York City. This aims to ensure that both urban and non-urban residents have a voice in challenging fiscal laws.
Suspends the implementation of targeted tax or fee laws as soon as a valid petition is filed, preventing those laws from taking effect until the outcome of the referendum is known. This creates an immediate check on legislative power regarding new revenue measures.
Requires that any such law be put to a statewide vote at the next general election (if the petition succeeds), shifting final authority on controversial fiscal laws from lawmakers to the electorate. This could encourage greater public engagement, but may also slow the process of implementing necessary revenue measures.
Introduces a new mechanism for direct democracy at the state level specifically focused on tax and fee legislation, potentially making it harder for the legislature to increase state revenues without broad public support. This could have significant implications for state budgeting and public services, especially in times of fiscal crisis.
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Who cares
Headline styles
Let Voters Overturn State Laws
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- 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.
Allow Voters to Overturn Laws
In Assembly Committee · Judiciary · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3395
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
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.
LBD89030-01-9
S. 3395 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 there- of 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
2017-18 S.1244/A. 3553; 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.