senate Bill S5959

Provides that the language used in a proposed amendment, proposition or question to be submitted to the people for approval shall be the in the legislation authorizing such submission; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Oct / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS
  • 05 / May / 2014
    • 1ST REPORT CAL.498
  • 06 / May / 2014
    • 2ND REPORT CAL.
  • 07 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • PASSED SENATE
  • 20 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 23 / Jun / 2014
    • REFERRED TO ELECTION LAW

Summary

Provides that the language used in a proposed amendment, proposition or question to be submitted to the people for approval shall be in the legislation authorizing such submission.

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Bill Details

See Assembly Version of this Bill:
A8722
Versions:
S5959
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Election Law
Laws Affected:
Amd ยง4-108, rpld sub 3, El L

Sponsor Memo

BILL NUMBER:S5959

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:

This bill would ensure that the same language to be printed on the
ballot for public referendum be included in the enabling legislation.

JUSTIFICATION:

During the 2013 legislative session, final approval of enabling
legislation was granted for a casino gambling referendum to be placed
on the ballot and decided by the voters in November of 2013. Due to
existing law which does not require that the same referendum language
which is to appear on the ballot be included in the enabling
legislation, it was not included by the Legislature. Several
organizations subsequently objected to the referendum language which
was approved by the State Board of Elections and ultimately challenged
that language in the Courts. This legislation would require that the
same referendum language to be printed on the ballot must be included
in the proposed enabling legislation.

EXISTING LAW:

Current law requires only that "an abbreviated title indicating
generally and briefly, in a clear and coherent manner using words with
common and every-day meanings, the subject matter of the amendment,
proposition or question". This bill will require that the same
referendum language be included in the legislation which seeks the
public referendum.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  5959

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 18, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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:

  Section 1. Subdivision 2 of section 4-108  of  the  election  law,  as
amended  by  chapter  136  of  the  laws  of 1978, is amended to read as
follows:
  2. The form in which the proposed amendment, proposition  or  question
is to be submitted shall consist of only an abbreviated title indicating
generally  and  briefly,  and in a clear and coherent manner using words
with common and every-day meanings, the subject matter of the amendment,
proposition or question. SUCH FORM OF SUBMISSION SHALL BE SET  FORTH  IN
THE  LEGISLATION  AUTHORIZING THE SUBMISSION OF SUCH AMENDMENT, PROPOSI-
TION OR QUESTION TO THE PEOPLE FOR THEIR APPROVAL. If more than one such
amendment, proposition or question is to be voted upon at such election,
each such amendment, proposition or question respectively shall be sepa-
rately and consecutively numbered.
  S 2. Subdivision 3 of section 4-108 of the election law is REPEALED.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11955-03-3

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