S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5938
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by M. of A. JOHNS, LAWRENCE, RAIA, DiPIETRO, FINCH, BLANKEN-
   BUSH, CROUCH, LALOR, FRIEND, MONTESANO,  GIGLIO,  MORINELLO,  GOODELL,
   WALSH,  BRABENEC,  B. MILLER,  PALUMBO,  McDONOUGH, FITZPATRICK, STEC,
   KOLB, BYRNE, PALMESANO, M. L. MILLER, RA -- Multi-Sponsored by  --  M.
   of  A.  HAWLEY,  THIELE  -- read once and referred to the Committee on
   Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing the addition of a new  article  20  to  the  constitution,  in
   relation to providing for initiative
 
   Section  1.  Resolved  (if  the Senate concur), That article 20 of the
 constitution be renumbered article 21 and a new article 20 be  added  to
 read as follows:
                                ARTICLE XX
                                INITIATIVE
   SECTION  1.  1. THE INITIATIVE IS THE POWER OF THE ELECTORS TO PROPOSE
 STATUTES AND AMENDMENTS TO THE CONSTITUTION AND TO ADOPT OR REJECT THEM.
   2. AN INITIATIVE MEASURE MAY BE PROPOSED BY PRESENTING TO  THE  SECRE-
 TARY  OF STATE A PETITION THAT SETS FORTH THE TEXT OF THE PROPOSED STAT-
 UTE OR AMENDMENT TO THE CONSTITUTION HAVING STATEWIDE  SIGNIFICANCE  AND
 IS CERTIFIED TO HAVE BEEN SIGNED BY FIFTY THOUSAND ELECTORS, TWENTY-FIVE
 THOUSAND OF WHICH SHALL BE FROM ELECTORS RESIDING OUTSIDE OF A CITY WITH
 A  POPULATION OF ONE MILLION OR MORE. SUCH SIGNATURES SHALL BE COLLECTED
 IN THE FIRST TWO MONTHS AFTER THE LAST DAY OF SESSION. IN THE EVENT THAT
 THERE ARE MORE THAN THREE PROPOSED INITIATIVES, ONLY  THE  THREE  INITI-
 ATIVES WHICH ARE SUPPORTED BY THE LARGEST AMOUNTS OF SIGNATURES SHALL BE
 SUBMITTED TO THE ELECTORS.
   3.  THE  PROPOSED  STATUTE OR AMENDMENT TO THE CONSTITUTION SHALL HAVE
 BEEN PREVIOUSLY INTRODUCED DURING A LEGISLATIVE SESSION OF THE STATE.
   4. THE SECRETARY OF STATE SHALL THEN SUBMIT THE MEASURE  AT  THE  NEXT
 GENERAL  ELECTION  HELD  AT  LEAST  ONE HUNDRED THIRTY-ONE DAYS AFTER IT
 QUALIFIES OR AT ANY SPECIAL STATEWIDE ELECTION HELD PRIOR TO THAT GENER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89015-02-9

 A. 5938                             2
 
 AL ELECTION. THE GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR  THE
 MEASURE.
   5.  AN  INITIATIVE  MEASURE EMBRACING MORE THAN ONE SUBJECT MAY NOT BE
 SUBMITTED TO THE ELECTORS OR HAVE ANY EFFECT.
   6. AN INITIATIVE MEASURE SHALL NOT INCLUDE OR  EXCLUDE  ANY  POLITICAL
 SUBDIVISION  OF  THE  STATE  FROM  THE  APPLICATION  OR  EFFECT  OF  ITS
 PROVISIONS BASED UPON APPROVAL OR DISAPPROVAL OF THE INITIATIVE MEASURE,
 OR BASED UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES IN FAVOR OF
 THE MEASURE, BY THE ELECTORS OF THAT POLITICAL SUBDIVISION.
   7. AN INITIATIVE MEASURE SHALL NOT CONTAIN ALTERNATIVE  OR  CUMULATIVE
 PROVISIONS  WHEREIN  ONE  OR  MORE  OF THOSE PROVISIONS WOULD BECOME LAW
 DEPENDING UPON THE CASTING OF A SPECIFIED PERCENTAGE  OF  VOTES  FOR  OR
 AGAINST THE MEASURE.
   §  2. 1. AN INITIATIVE STATUTE APPROVED BY A MAJORITY OF VOTES THEREON
 TAKES EFFECT THE DAY AFTER THE  ELECTION  UNLESS  THE  MEASURE  PROVIDES
 OTHERWISE.
   2. IF PROVISIONS OF TWO OR MORE MEASURES APPROVED AT THE SAME ELECTION
 CONFLICT,  THOSE  OF  THE MEASURE RECEIVING THE HIGHEST AFFIRMATIVE VOTE
 SHALL PREVAIL.
   3. THE LEGISLATURE MAY AMEND OR REPEAL AN INITIATIVE STATUTE BY ANOTH-
 ER STATUTE THAT BECOMES EFFECTIVE ONLY WHEN  APPROVED  BY  THE  ELECTORS
 UNLESS  THE INITIATIVE STATUTE PERMITS AMENDMENT OR REPEAL WITHOUT THEIR
 APPROVAL.
   4. PRIOR TO CIRCULATION OF AN INITIATIVE PETITION  FOR  SIGNATURES,  A
 COPY  SHALL  BE  SUBMITTED  TO  THE ATTORNEY GENERAL WHO SHALL PREPARE A
 LEGISLATIVE BILL DRAFT OF THE MEASURE.
   5. THE LEGISLATURE SHALL PROVIDE THE MANNER IN WHICH  PETITIONS  SHALL
 BE  CIRCULATED,  PRESENTED, AND CERTIFIED, AND MEASURES SUBMITTED TO THE
 ELECTORS.
   § 3. AT THE END OF EACH LEGISLATIVE  SESSION,  ANY  LEGISLATIVE  BILLS
 FROM  EITHER  THE  SENATE  OR  THE ASSEMBLY THAT HAVE NOT BEEN PASSED IN
 EITHER HOUSE SHALL BE ELIGIBLE FOR REFERENDUM CONSIDERATION.
   § 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.