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

                                  2089

                       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
  legislature

  Section 1. Resolved (if the Senate concur),  That  article  1  of  the
constitution be amended by adding a new section 19 to read as follows:
  S  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 THER-
EOF, 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 THERE-
OF 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89048-01-1
              

A. 2089                             2

  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
SUSPENDED BY PETITION IN MANNER AFORESAID, THE GOVERNOR BY PUBLIC  PROC-
LAMATION  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.
  S 2. Resolved (if the Senate 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.