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

                                  2763

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens.  RANZENHOFER, DeFRANCISCO, GOLDEN, LARKIN, O'MARA,
  ZELDIN -- 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 the constitution, in relation to providing the
  electors  with the power of initiative, indirect initiative and refer-
  endum

  Section 1. Resolved (if the Assembly concur), That article 20  of  the
constitution  be  renumbered  to  be  article 21 and a new article 20 be
added to read as follows:
                                ARTICLE XX
             INITIATIVE, INDIRECT INITIATIVE AND REFERENDUM
  SECTION 1. A. THE LEGISLATIVE POWERS OF THIS STATE SHALL BE VESTED  IN
THE  SENATE AND ASSEMBLY, BUT THE PEOPLE RESERVE TO THEMSELVES THE POWER
TO PROPOSE LAWS AND TO PROPOSE AMENDMENTS TO THE  CONSTITUTION,  AND  TO
ADOPT  OR  REJECT  THE  SAME  AT  GENERAL ELECTIONS OR SPECIAL STATEWIDE
ELECTIONS CALLED BY THE  GOVERNOR  FOR  THOSE  PURPOSES  AS  HEREINAFTER
PROVIDED IN THIS ARTICLE.
  B.  THIS  ARTICLE  CONFERS ON THE QUALIFIED ELECTORS OF THIS STATE THE
POWER TO PROPOSE LAWS AND TO PROPOSE AMENDMENTS TO THE CONSTITUTION  AND
IT  IS  NOT  THE  INTENDMENT OF THIS ARTICLE TO IN ANY MANNER AFFECT THE
PROVISIONS OF ARTICLE NINETEEN OF THIS CONSTITUTION.
  S 2. A. AN INITIATIVE IS THE POWER OF THE ELECTORS TO  PROPOSE  AMEND-
MENTS  TO  THE  CONSTITUTION  AND TO PROPOSE LAWS AND TO ADOPT OR REJECT
THEM.
  B. AN INITIATIVE MEASURE MAY BE PROPOSED BY PRESENTING TO  THE  SECRE-
TARY  OF  STATE A PETITION THAT SETS FORTH THE TEXT OF A PROPOSED AMEND-
MENT TO THE CONSTITUTION AND IS CERTIFIED TO HAVE BEEN SIGNED  BY  ELEC-
TORS  EQUAL IN NUMBER TO NINE PER CENTUM OF THE NUMBER OF VOTES CAST FOR
ALL CANDIDATES FOR GOVERNOR AT THE LAST GUBERNATORIAL ELECTION.
  C. (1) AN INITIATIVE MEASURE MAY BE  PROPOSED  BY  PRESENTING  TO  THE
SECRETARY OF STATE A PETITION THAT SETS FORTH THE TEXT OF A PROPOSED LAW

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

                                                           LBD89063-01-3

S. 2763                             2

AND  IS  CERTIFIED  TO  HAVE  BEEN SIGNED BY ELECTORS EQUAL IN NUMBER TO
SEVEN PER CENTUM OF THE NUMBER OF VOTES  CAST  FOR  ALL  CANDIDATES  FOR
GOVERNOR AT THE LAST GUBERNATORIAL ELECTION.
  (2)  THE  ENACTING  CLAUSE  OF  ANY INITIATIVE MEASURE PROPOSING A LAW
SHALL STATE "THE PEOPLE OF THE STATE OF NEW YORK DO  ENACT  AS  FOLLOWS"
NOTWITHSTANDING  THE  PROVISIONS OF SECTION THIRTEEN OF ARTICLE THREE OF
THIS CONSTITUTION.
  (3) THE PROVISIONS OF SECTION SIXTEEN OF ARTICLE THREE OF THIS CONSTI-
TUTION SHALL NOT APPLY TO ANY PROPOSED LAW SUBMITTED TO THE SECRETARY OF
STATE PURSUANT TO INITIATIVE AND IF ADOPTED BY  THE  ELECTORS  IT  SHALL
BECOME  EFFECTIVE  NOTWITHSTANDING  THE PROVISIONS OF SECTION SIXTEEN OF
ARTICLE THREE OF THIS CONSTITUTION.
  D. NO "PRIVATE OR LOCAL" LAW MAY BE INITIATED BY THE ELECTORS AS  THAT
TERM IS SET FORTH IN AND CONSTRUED PURSUANT TO THE PROVISIONS OF SECTION
FIFTEEN OF ARTICLE THREE OF THIS CONSTITUTION.
  E.  THE  SECRETARY OF STATE SHALL THEN SUBMIT THE MEASURES AT THE NEXT
GENERAL ELECTION HELD AT LEAST NINETY DAYS AFTER IT QUALIFIES OR AT  ANY
SPECIAL  ELECTION  HELD PRIOR TO THAT GENERAL ELECTION.  NOTWITHSTANDING
ANY CONSTITUTIONAL OR STATUTORY LIMITATION TO THE CONTRARY, THE GOVERNOR
MAY CALL A SPECIAL STATEWIDE ELECTION FOR ANY ONE OR MORE OF SUCH  MEAS-
URES.
  F.  ANY  INITIATIVE MEASURE EMBRACING MORE THAN ONE SUBJECT MAY NOT BE
SUBMITTED TO THE ELECTORS OR HAVE ANY EFFECT EXCEPT THAT ANY  NUMBER  OF
DISCRETE  INITIATIVE  MEASURES  MAY  BE SUBMITTED TO THE ELECTORS AT ANY
GENERAL ELECTION OR ANY SPECIAL STATEWIDE ELECTION CALLED BY THE  GOVER-
NOR.
  G. (1) AN INITIATIVE MEASURE APPROVED BY A MAJORITY OF THE VOTES THER-
EON TAKES EFFECT FIVE DAYS AFTER THE DATE OF THE OFFICIAL DECLARATION OF
THE  VOTES  BY THE SECRETARY OF STATE UNLESS THE MEASURE PROVIDES OTHER-
WISE.
  (2) IF PROVISIONS OF  TWO  OR  MORE  MEASURES  APPROVED  AT  THE  SAME
ELECTION  CONFLICT,  THOSE OF THE MEASURE RECEIVING THE HIGHEST AFFIRMA-
TIVE VOTE SHALL PREVAIL.
  (3) THE LEGISLATURE SHALL PROVIDE THE MANNER IN WHICH PETITIONS  SHALL
BE  CIRCULATED,  PRESENTED, AND CERTIFIED, AND MEASURES SUBMITTED TO THE
ELECTORS.
  H. (1) INITIATIVE AND REFERENDUM POWERS ARE RESERVED FOR  EVERY  CITY,
TOWN,  VILLAGE AND COUNTY IN THE STATE AS TO ALL LOCAL MATTERS THAT SUCH
MUNICIPALITY IS OR SHALL BE EMPOWERED TO ACT PURSUANT TO ARTICLE NINE OF
THIS CONSTITUTION.
  (2) INITIATIVE AND REFERENDUM IN CITIES, TOWNS, VILLAGES AND  COUNTIES
SHALL  BE  CONDUCTED  IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE,
PROVIDED, HOWEVER, THAT:
  (A) SIGNATURES OF REGISTERED ELECTORS OF SUCH  MUNICIPALITY  EQUAL  IN
NUMBER  TO AT LEAST THIRTY THOUSAND OR FIVE PERCENT OF THE VOTES CAST IN
SUCH CITY, TOWN, VILLAGE OR COUNTY FOR ALL CANDIDATES  FOR  GOVERNOR  AT
THE LAST GUBERNATORIAL ELECTION, WHICHEVER IS LESS, SHALL BE REQUIRED TO
PROPOSE ANY MEASURE BY INITIATIVE AND REFERENDUM;
  (B)  THE  AFFIRMATIVE  VOTE OF THE MAJORITY OF ELECTORS OF THE MUNICI-
PALITY VOTING ON THE MEASURE SHALL BE REQUIRED TO  ENACT  SUCH  MEASURE;
AND
  (C)  PETITIONS  SHALL  BE  SUBMITTED  TO THE COUNTY BOARD OF ELECTIONS
WHICH SHALL HAVE THE POWERS CONFERRED AND  THE  DUTIES  IMPOSED  ON  THE
STATE BOARD OF ELECTIONS BY THIS ARTICLE.
  I.  NO  AMENDMENT TO THE CONSTITUTION AND NO LAW PROPOSED TO THE ELEC-
TORS BY INITIATIVE SHALL NAME ANY INDIVIDUAL TO HOLD ANY OFFICE OR  NAME

S. 2763                             3

OR  IDENTIFY  ANY  PRIVATE  CORPORATION  OR  OTHER ENTITY TO PERFORM ANY
PROPRIETARY OR GOVERNMENTAL FUNCTION OF THIS STATE OR ANY OF  ITS  LOCAL
GOVERNMENTS.
  S  3.  A.  INDIRECT INITIATIVE IS THE POWER OF THE ELECTORS TO PRESENT
PROPOSED LAWS TO THE LEGISLATURE FOR ITS ACTION ON  SUCH  PROPOSED  LAWS
AND  IS, IN THE EVENT OF THE LEGISLATURE'S FAILURE TO PASS SUCH PROPOSED
LAWS IN THE FORM PRESENTED, THE POWER OF THE ELECTORS TO ADOPT OR REJECT
THE SAME.
  B. AN INDIRECT INITIATIVE MEASURE MAY BE PROPOSED BY PRESENTING TO THE
SECRETARY OF STATE, NOT LESS THAN TEN DAYS PRIOR TO THE COMMENCEMENT  OF
ANY SESSION OF THE LEGISLATURE, A PETITION THAT SETS FORTH THE TEXT OF A
PROPOSED  LAW  AND IS CERTIFIED TO HAVE BEEN SIGNED BY ELECTORS EQUAL IN
NUMBER TO THREE PER CENTUM OF THE NUMBER OF VOTES CAST  FOR  ALL  CANDI-
DATES FOR GOVERNOR AT THE LAST GUBERNATORIAL ELECTION.
  C.  THE  ENACTING CLAUSE OF AN INDIRECT INITIATIVE MEASURE PROPOSING A
LAW SHALL STATE "THE PEOPLE OF  THE  STATE  OF  NEW  YORK  DO  ENACT  AS
FOLLOWS",  NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTEEN OF ARTICLE
THREE OF THIS CONSTITUTION.
  D. NO "PRIVATE OR LOCAL" LAW MAY BE INDIRECTLY INITIATED  PURSUANT  TO
THIS  SECTION  AS  THAT  TERM  IS SET FORTH IN AND CONSTRUED PURSUANT TO
SECTION FIFTEEN OF ARTICLE THREE OF THIS CONSTITUTION.
  E. THE SECRETARY OF STATE SHALL TRANSMIT THE SAME TO  THE  LEGISLATURE
WITHIN  FIVE  DAYS  AFTER  THE LEGISLATURE SHALL ASSEMBLE AS PROVIDED IN
SECTION FOUR OF ARTICLE THIRTEEN OF  THIS  CONSTITUTION,  SATURDAYS  AND
SUNDAYS  EXCEPTED.  IF SAID PROPOSED LAW SHALL BE PASSED BY THE LEGISLA-
TURE AS PETITIONED, IT SHALL BECOME LAW  AND  BE  EFFECTIVE  IMMEDIATELY
UNLESS  OTHERWISE  PROVIDED  BY AN EFFECTIVE DATE CONTAINED THEREIN.  IF
SAID PROPOSED LAW SHALL NOT BE PASSED, OR IF PASSED IN AN  AMENDED  FORM
OR  IF NO ACTION SHALL BE TAKEN THEREON WITHIN FOUR MONTHS FROM THE TIME
IT IS RECEIVED BY THE LEGISLATURE, IT SHALL BE SUBMITTED BY  THE  SECRE-
TARY  OF  STATE  TO  THE ELECTORS FOR THEIR APPROVAL OR REJECTION AT THE
NEXT REGULAR OR GENERAL ELECTION HELD AT LEAST THIRTY-ONE DAYS AFTER  IT
QUALIFIES, IF SUCH SUBMISSION SHALL BE DEMANDED BY A SUPPLEMENTARY PETI-
TION  CERTIFIED  TO  HAVE BEEN SIGNED BY ELECTORS IN EQUAL NUMBER TO TWO
PER CENTUM OF THE NUMBER OF VOTES CAST FOR ALL CANDIDATES  FOR  GOVERNOR
AT THE LAST GUBERNATORIAL ELECTION AND FILED WITH THE SECRETARY OF STATE
WITHIN  NINETY  DAYS AFTER SUCH PROPOSED LAW SHALL HAVE BEEN REJECTED OR
PASSED IN AN AMENDED FORM BY THE LEGISLATURE OR AFTER THE EXPIRATION  OF
SUCH TERM OF FOUR MONTHS, IF NO ACTION HAS BEEN TAKEN THEREON.  NO ELEC-
TOR  SHALL  BE  DISQUALIFIED FROM SIGNING SUCH SUPPLEMENTARY PETITION BY
REASON OF HAVING FIRST SIGNED THE PETITION PROVIDED IN SUBDIVISION B  OF
THIS SECTION.
  F.  SUCH SUPPLEMENTARY PETITION SHALL EITHER SET FORTH THE TEXT OF THE
PROPOSED LAW AS FIRST SET  FORTH  PURSUANT  TO  SUBDIVISION  B  OF  THIS
SECTION  OR  SET  FORTH THE TEXT OF SUCH PROPOSED STATUTE AS AMENDED AND
PASSED BY THE LEGISLATURE, PURSUANT TO SUBDIVISION E OF THIS SECTION AND
SHALL CONFORM TO THE PROVISIONS OF SUBDIVISION C OF THIS SECTION.
  G. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION E OF THIS SECTION  OR
OTHER  PROVISION  OF THIS CONSTITUTION TO THE CONTRARY, THE GOVERNOR MAY
CALL A SPECIAL ELECTION FOR THE  SUBMISSION  OF  SUCH  PROPOSED  STATUTE
BEFORE  THE NEXT REGULAR OR GENERAL ELECTION IF A SUPPLEMENTARY PETITION
HAS OTHERWISE BEEN DULY FILED AND SUBMITTED TO THE  SECRETARY  OF  STATE
PURSUANT TO PROVISIONS OF THIS SECTION.
  H.  AN INDIRECT INITIATIVE MEASURE APPROVED BY A MAJORITY OF THE VOTES
THEREON TAKES EFFECT FIVE DAYS AFTER THE DATE OF THE  OFFICIAL  DECLARA-

S. 2763                             4

TION  OF THE VOTES BY THE SECRETARY OF STATE UNLESS THE MEASURE PROVIDES
OTHERWISE.
  I.  THE  LEGISLATURE  SHALL PROVIDE THE MANNER IN WHICH SUCH PETITIONS
AND SUPPLEMENTARY PETITIONS SHALL BE CIRCULATED,  PRESENTED  AND  CERTI-
FIED, AND MEASURES SUBMITTED TO THE ELECTORS.
  S 4. A. A REFERENDUM IS THE POWER OF THE ELECTORS TO APPROVE OR REJECT
LAWS  OR  PARTS OF LAWS EXCEPT LAWS CALLING ELECTIONS AND LAWS PROVIDING
FOR TAX LEVIES OR APPROPRIATIONS NECESSARY FOR MEETING THE USUAL CURRENT
EXPENSES OF THE STATE; PROVIDED, HOWEVER,  THE  EXCEPTION  CONTAINED  IN
THIS SUBDIVISION SHALL NOT BE INTERPRETED OR HELD TO RESTRICT ANY POWERS
GRANTED TO THE ELECTORS IN SECTION TWO OR THREE OF THIS ARTICLE.
  B. A REFERENDUM MEASURE MAY BE PROPOSED BY PRESENTING TO THE SECRETARY
OF  STATE WITHIN NINETY DAYS AFTER ADJOURNMENT OF THE REGULAR SESSION AT
WHICH THE LAW WAS PASSED OR WITHIN NINETY DAYS AFTER  ADJOURNMENT  OF  A
SPECIAL OR EXTRAORDINARY SESSION OF THE LEGISLATURE AT WHICH THE LAW WAS
PASSED,  A  PETITION  CERTIFIED TO HAVE BEEN SIGNED BY ELECTORS EQUAL IN
NUMBER TO FIVE PER CENTUM OF THE  VOTES  CAST  FOR  ALL  CANDIDATES  FOR
GOVERNOR  AT  THE LAST GUBERNATORIAL ELECTION REQUIRING THAT SUCH LAW BE
SUBMITTED TO THE ELECTORS AS HEREIN PROVIDED.
  C. THE SECRETARY OF STATE SHALL THEN SUBMIT THE MEASURES AT  THE  NEXT
GENERAL  ELECTION HELD AT LEAST THIRTY-ONE DAYS AFTER IT QUALIFIES OR AT
A SPECIAL STATEWIDE  ELECTION  HELD  PRIOR  TO  THAT  GENERAL  ELECTION.
NOTWITHSTANDING  ANY  CONSTITUTIONAL  OR  STATUTORY  LIMITATION  TO  THE
CONTRARY, THE GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR ANY ONE
OR MORE OF SUCH MEASURES.
  D. (1)  A REFERENDUM MEASURE APPROVED BY A MAJORITY OF THE VOTES THER-
EON TAKES EFFECT FIVE DAYS AFTER THE DATE OF THE OFFICIAL DECLARATION OF
THE VOTES BY THE SECRETARY OF STATE UNLESS THE MEASURE  PROVIDES  OTHER-
WISE.
  (2)  IF  PROVISIONS  OF  TWO  OR  MORE  MEASURES  APPROVED AT THE SAME
ELECTION CONFLICT, THOSE OF THE MEASURE RECEIVING THE  HIGHEST  AFFIRMA-
TIVE VOTE SHALL PREVAIL.
  (3)  THE LEGISLATURE SHALL PROVIDE THE MANNER IN WHICH PETITIONS SHALL
BE CIRCULATED, PRESENTED, AND CERTIFIED, AND MEASURES SUBMITTED  TO  THE
ELECTORS.
  E.  REFERENDUM POWERS MAY BE EXERCISED BY THE ELECTORS OF EACH MUNICI-
PALITY TO APPROVE OR REJECT ANY LOCAL LAW OR  ORDINANCE  CONCERNING  THE
AFFAIRS  OF  SUCH MUNICIPALITY PURSUANT TO PROCEDURES WHICH THE LEGISLA-
TURE OF THIS STATE SHALL ENACT; EXCEPT A LOCAL LAW OR ORDINANCE  CALLING
AN  ELECTION  OR  A  LOCAL  LAW OR ORDINANCE PROVIDING FOR TAX LEVIES OR
APPROPRIATIONS NECESSARY FOR MEETING THE USUAL CURRENT EXPENSES OF  SUCH
MUNICIPALITY;  PROVIDED, HOWEVER, THE EXCEPTION CONTAINED IN THIS SUBDI-
VISION SHALL NOT BE INTERPRETED OR HELD TO RESTRICT ANY  POWERS  GRANTED
TO THE ELECTORS IN SECTION TWO OR THREE OF THIS ARTICLE.
  S  5.  THE  FAILURE  OF THE LEGISLATURE TO PROVIDE THE MANNER IN WHICH
PETITIONS FOR INITIATIVE,  INDIRECT INITIATIVE OR REFERENDUM   PETITIONS
SHALL  BE  CIRCULATED,  PRESENTED,  CERTIFIED AND SUCH PROPOSED MEASURES
SUBMITTED TO THE ELECTORS SHALL NOT PRECLUDE THE ELECTORS FROM CIRCULAT-
ING SUCH PETITIONS AND SHALL NOT PRECLUDE THE SECRETARY OF STATE OR  THE
ATTORNEY  GENERAL  FROM PERFORMING THE DUTIES ENJOINED UPON THEM BY THIS
ARTICLE WHICH SHALL BE SELF-EXECUTING UNDER SUCH A CIRCUMSTANCE.
  S 6. NOTWITHSTANDING ANY CONTRARY PROVISIONS OF THIS ARTICLE AND  UPON
ALL   INITIATIVE,  INDIRECT  INITIATIVE,  SUPPLEMENTARY  AND  REFERENDUM
PETITIONS PROVIDED FOR IN THIS ARTICLE, OTHER THAN INITIATIVE AND REFER-
ENDUM IN CITIES, TOWNS, VILLAGES AND COUNTIES, IT SHALL BE  ADDITIONALLY
NECESSARY  TO  FILE  FROM EACH OF ONE-HALF OF THE COUNTIES OF THE STATE,

S. 2763                             5

SUCH PETITIONS BEARING THE SIGNATURES OF NOT LESS THAN ONE-HALF  OF  THE
DESIGNATED PERCENTAGE OF THE ELECTORS OF SUCH COUNTIES.
  S  7.  A.  THE  PROVISIONS  OF  SECTION  SEVEN OF ARTICLE FOUR OF THIS
CONSTITUTION SHALL NOT APPLY TO ANY LAW ENACTED PURSUANT TO ANY  OF  THE
PROVISIONS OF THIS ARTICLE.
  B.  NOTHING  CONTAINED  IN THIS ARTICLE SHALL RESTRICT THE LEGISLATURE
FROM ACTING UPON ANY LAW THAT HAS BEEN SUBJECTED TO A REFERENDUM.    THE
LEGISLATURE MAY NOT AMEND OR REPEAL AN INITIATIVE, INCLUDING AN INDIRECT
INITIATIVE  LAW,  UNLESS SUCH LAW PERMITS AMENDMENT OR REPEAL SUBJECT TO
THE APPROVAL OF THE ELECTORS OR WITHOUT THE APPROVAL OF THE ELECTORS.
  S 8. A. THE ATTORNEY GENERAL SHALL PREPARE THE TITLE  AND  SUMMARY  OF
EACH  INITIATIVE,  INDIRECT  INITIATIVE OR REFERENDUM WITHIN TWENTY DAYS
AFTER IT IS SUBMITTED TO HIM OR HER AND  THE  FAILURE  OF  THE  ATTORNEY
GENERAL  TO  PREPARE SUCH TITLE AND SUMMARY OF EACH INITIATIVE, INDIRECT
INITIATIVE OR REFERENDUM  PETITION OR TO TIMELY DO SO SHALL  NOT  AFFECT
THE  VALIDITY OF SUCH INITIATIVE REFERENDUM OR INDIRECT INITIATIVE PETI-
TION OR THE ACTION OF THE ELECTORS THEREON.
  B. IF THE ATTORNEY GENERAL SHALL FAIL TO PREPARE THE TITLE AND SUMMARY
OF EACH INITIATIVE, INDIRECT INITIATIVE OR REFERENDUM   PETITION  OR  TO
TIMELY  DO  SO,  THEN  SUCH  TITLE  AND SUMMARY SHALL BE PREPARED BY THE
SECRETARY OF STATE IN TIME FOR SUBMISSION OF THE SAME TO THE ELECTORS AT
THE NEXT GENERAL ELECTION OR SPECIAL STATEWIDE ELECTION  CALLED  BY  THE
GOVERNOR FOR SUCH MEASURE OR MEASURES.
  S  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 three months previous to the time of such election.