S T A T E O F N E W Y O R K
________________________________________________________________________
279
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. THIELE -- Multi-Sponsored by -- M. of A. GARBARI-
NO, MONTESANO, RAIA, SALADINO -- read once and referred to the Commit-
tee 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.
LBD89009-01-5
A. 279 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.