S T A T E O F N E W Y O R K
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11049
I N A S S E M B L Y
May 12, 2010
___________
Introduced by M. of A. SCHROEDER -- read once and referred to the
Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to the constitution, in relation to providing the
electors with the power of initiative and referendum
Section 1. Resolved (if the Senate concur), That section 13 of article
3 of the constitution be amended to read as follows:
S 13. The enacting clause of all bills shall be "The People of the
State of New York, represented in Senate and Assembly, do enact as
follows," and no law shall be enacted except by bill; EXCEPT AS OTHER-
WISE PROVIDED IN ARTICLE TWENTY OF THIS CONSTITUTION.
S 2. Resolved (if the Senate concur), That section 14 of article 3 of
the constitution be amended to read as follows:
S 14. A. No bill shall be passed or become a law unless it shall have
been printed and upon the desks of the members, in its final form, at
least three calendar legislative days prior to its final passage, unless
the governor, or the acting governor, shall have certified, under his or
her hand and the seal of the state, the facts which in his or her opin-
ion necessitate an immediate vote thereon, in which case it must never-
theless be upon the desks of the members in final form, not necessarily
printed, before its final passage; nor shall any bill be passed or
become a law, except by the assent of a majority of the members elected
to each branch of the legislature; and upon the last reading of a bill,
no amendment thereof shall be allowed, and the question upon its final
passage shall be taken immediately thereafter, and the ayes and nays
entered on the journal.
B. THIS SECTION SHALL NOT APPLY TO ANY INITIATIVE OR REFERENDUM THAT
IS SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
S 3. Resolved (if the Senate concur), That section 1 of article 19 of
the constitution be amended to read as follows:
Section 1. A. Any amendment or amendments to this constitution may be
proposed in the senate and assembly whereupon such amendment or amend-
ments shall be referred to the attorney-general whose duty it shall be
within twenty days thereafter to render an opinion in writing to the
senate and assembly as to the effect of such amendment or amendments
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89168-01-0
A. 11049 2
upon other provisions of the constitution. Upon receiving such opinion,
if the amendment or amendments as proposed or as amended shall be agreed
to by a majority of the members elected to each of the two houses, such
proposed amendment or amendments shall be entered on their journals, and
the ayes and noes taken thereon, and referred to the next regular legis-
lative session convening after the succeeding general election of
members of the assembly, and shall be published for three months previ-
ous to the time of making such choice; and if in such legislative
session, such proposed amendment or amendments shall be agreed to by a
majority of all the members elected to each house, then it shall be the
duty of the legislature to submit each proposed amendment or amendments
to the people for approval in such manner and at such times as the
legislature shall prescribe; and if the people shall approve and ratify
such amendment or amendments by a majority of the electors voting there-
on, such amendment or amendments shall become a part of the constitution
on the first day of January next after such approval. Neither the fail-
ure of the attorney-general to render an opinion concerning such a
proposed amendment nor his or her failure to do so timely shall affect
[th] THE validity of such proposed amendment or legislative action ther-
eon.
B. THIS SECTION SHALL NOT APPLY TO AN AMENDMENT BY INITIATIVE SUBJECT
TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
S 4. Resolved (if the Senate concur), That section 16 of article 3 of
the constitution be amended to read as follows:
S 16. A. No act shall be passed which shall provide that any existing
law, or any part thereof, shall be made or deemed a part of said act, or
which shall enact that any existing law, or part thereof, shall be
applicable, except by inserting it in such act.
B. THIS SECTION SHALL NOT APPLY TO ANY INITIATIVE OR REFERENDUM
SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
S 5. Resolved (if the Senate concur), That section 7 of article 4 of
the constitution be amended to read as follows:
S 7. A. Every bill which shall have passed the senate and assembly
shall, before it becomes a law, be presented to the governor; if the
governor approve, he or she shall sign it; but if not, he or she shall
return it with his or her objections to the house in which it shall have
originated, which shall enter the objections at large on the journal,
and proceed to reconsider it. If after such reconsideration, two-thirds
of the members elected to that house shall agree to pass the bill, it
shall be sent together with the objections, to the other house, by which
it shall likewise be reconsidered; and if approved by two-thirds of the
members elected to that house, it shall become a law notwithstanding the
objections of the governor. In all such cases the votes in both houses
shall be determined by yeas and nays, and the names of the members
voting shall be entered on the journal of each house respectively. If
any bill shall not be returned by the governor within ten days (Sundays
excepted) after it shall have been presented to him or her, the same
shall be a law in like manner as if he or she had signed it, unless the
legislature shall, by their adjournment, prevent its return, in which
case it shall not become a law without the approval of the governor. No
bill shall become a law after the final adjournment of the legislature,
unless approved by the governor within thirty days after such adjourn-
ment. If any bill presented to the governor contain several items of
appropriation of money, the governor may object to one or more of such
items while approving of the other portion of the bill. In such case the
governor shall append to the bill, at the time of signing it, a state-
A. 11049 3
ment of the items to which he or she objects; and the appropriation so
objected to shall not take effect. If the legislature be in session, he
or she shall transmit to the house in which the bill originated a copy
of such statement, and the items objected to shall be separately recon-
sidered. If on reconsideration one or more of such items be approved by
two-thirds of the members elected to each house, the same shall be part
of the law, notwithstanding the objections of the governor. All the
provisions of this section, in relation to bills not approved by the
governor, shall apply in cases in which he or she shall withhold
approval from any item or items contained in a bill appropriating money.
B. THIS SECTION SHALL NOT APPLY TO ANY INITIATIVE OR REFERENDUM THAT
IS SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
S 6. Resolved (if the Senate concur), That article 20 of the constitu-
tion be renumbered article 21 and a new article 20 be added to read as
follows:
ARTICLE XX
INITIATIVE AND REFERENDUM
SECTION 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CONSTITUTION,
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 THE POLLS, INDEPENDENT OF THE LEGISLATURE, AND ALSO RESERVE THE
POWER, AT THEIR OWN OPTION, TO SO ADOPT OR REJECT ANY ACT, OR SECTION OR
PART OF ANY ACT, PASSED BY THE LEGISLATURE.
S 2. AS USED IN THIS ARTICLE: A. INITIATIVE IS THE POWER OF THE ELEC-
TORS TO PROPOSE AMENDMENTS TO THE CONSTITUTION AND TO PROPOSE STATUTES;
AND
B. REFERENDUM IS THE POWER OF THE ELECTORS TO APPROVE OR REJECT STAT-
UTES OR PARTS OF STATUTES.
S 3. INITIATIVE MAY BE USED FOR ANY MEASURE EMBRACING A SINGLE OBJECT
OR PURPOSE, EXCEPT THE FOLLOWING: CALLING ELECTIONS; APPROPRIATING
FUNDS, EXCEPT FOR AN INITIATIVE PROPOSING AN APPROPRIATION FOR A SINGLE
OBJECT OR PURPOSE; NAMING ANY INDIVIDUALS TO HOLD ANY OFFICE; OR NAMING
OR IDENTIFYING ANY PRIVATE CORPORATION OR OTHER PRIVATE ENTITY TO
PERFORM ANY FUNCTION OR TO HAVE ANY POWER OR DUTY. SUCH MEASURES MAY NOT
BE SUBMITTED TO THE ELECTORS AND SHALL NOT HAVE THE FORCE AND EFFECT OF
LAW.
S 4. AN INITIATIVE OR REFERENDUM MEASURE MAY BE PROPOSED BY PRESENTING
TO THE STATE BOARD OF ELECTIONS A PETITION THAT SETS FORTH THE TEXT OF
THE PROPOSED STATUTE, CONSTITUTIONAL AMENDMENT OR REFERENDUM AND THAT
HAS BEEN SIGNED BY ELECTORS EQUAL IN NUMBER TO AT LEAST FIVE PERCENT OF
THE VOTES CAST FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST GUBERNATORIAL
ELECTION. SUCH SIGNATURES MUST INCLUDE AT LEAST FIVE THOUSAND SIGNATURES
FROM EACH OF AT LEAST THREE-FIFTHS OF THE CONGRESSIONAL DISTRICTS OF THE
STATE.
S 5. A. PETITIONS FOR AN INITIATIVE OR REFERENDUM MEASURE SHALL BE IN
SUBSTANTIALLY THE SAME FORM AS PRESCRIBED BY THE ELECTION LAW FOR INDE-
PENDENT NOMINATING PETITIONS, AND SHALL BE CIRCULATED AND PRESENTED IN
THE MANNER PRESCRIBED BY SUCH LAW, EXCEPT THAT THE PETITION SHALL STATE
THAT THE REGISTERED VOTER DESIRES TO HAVE THE SPECIFIC INITIATIVE OR
REFERENDUM QUESTION NOTED ON THE PETITION PLACED ON THE BALLOT INSTEAD
OF A CANDIDATE.
B. PETITIONS SHALL BE SUBMITTED TO THE STATE BOARD OF ELECTIONS. A
SIGNATURE MADE EARLIER THAN ONE YEAR PRIOR TO THE NEXT GENERAL ELECTION
SHALL NOT BE COUNTED. CHALLENGES TO SUCH PETITIONS SHALL BE RESOLVED BY
THE STATE BOARD OF ELECTIONS, SUBJECT TO JUDICIAL REVIEW AS PROVIDED FOR
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BY LAW. NO CHALLENGE TO AN INITIATIVE OR REFERENDUM MAY BE FILED MORE
THAN TEN DAYS AFTER SUBMISSION OF PETITIONS TO THE STATE BOARD OF
ELECTIONS, AND ANY SUCH CHALLENGE SHALL BE FINALLY RESOLVED BY THE STATE
BOARD OF ELECTIONS WITHIN TEN DAYS OF ITS FILING.
C. MEASURES PROPOSING OR REJECTING STATUTES SHALL BE PLACED ON THE
BALLOT BY THE STATE BOARD OF ELECTIONS AT THE NEXT GENERAL ELECTION HELD
AT LEAST NINETY DAYS AFTER SUCH MEASURE IS SUBMITTED. MEASURES PROPOS-
ING AMENDMENTS TO THE CONSTITUTION SHALL BE PLACED ON THE BALLOT BY THE
STATE BOARD OF ELECTIONS AT THE NEXT GENERAL ELECTION IN WHICH THERE ARE
CANDIDATES FOR THE OFFICE OF MEMBER OF THE SENATE OR ASSEMBLY HELD AT
LEAST NINETY DAYS AFTER THE MEASURE IS SUBMITTED TO THE STATE BOARD OF
ELECTIONS AND AT THE NEXT SUCH GENERAL ELECTION.
S 6. A. PRIOR TO THE CIRCULATION OF AN INITIATIVE OR REFERENDUM PETI-
TION FOR SIGNATURES, A COPY SHALL BE SUBMITTED TO THE ATTORNEY GENERAL
OF THE STATE OF NEW YORK WHO SHALL PREPARE A TITLE AND SUMMARY, NOT TO
EXCEED ONE HUNDRED WORDS, WHICH SHALL APPEAR ON THE PETITION AND ON THE
BALLOT FOR EACH INITIATIVE OR REFERENDUM AND WHICH SHALL GIVE NO INDI-
CATION OF SUPPORT OR OPPOSITION TO SUCH MEASURE, WITHIN TWENTY DAYS
AFTER SUCH MEASURE IS SUBMITTED TO HIM OR HER.
B. A COPY OF SUCH INITIATIVE OR REFERENDUM PETITION SHALL ALSO BE
SUBMITTED TO THE NEW YORK STATE LEGISLATIVE BILL DRAFTING COMMISSION OR
ITS SUCCESSOR PRIOR TO CIRCULATION FOR SIGNATURES. SUCH COMMISSION SHALL
RENDER TECHNICAL COMMENTS ON THE FORM OF THE PROPOSED MEASURE, WITH NO
INDICATION OF SUPPORT OR OPPOSITION, TO THE PROPONENTS OF SUCH MEASURE
WITHIN TWENTY DAYS OF SUBMISSION.
C. NO ACTION OR INACTION BY THE ATTORNEY GENERAL OR THE FAILURE OF THE
LEGISLATIVE BILL DRAFTING COMMISSION OR ITS SUCCESSOR TO PROVIDE
COMMENTS WITH RESPECT TO AN INITIATIVE OR REFERENDUM PETITION, OR TO
TIMELY DO SO, SHALL AFFECT THE VALIDITY OF SUCH INITIATIVE OR REFERENDUM
PETITION OR THE ACTION OF THE ELECTORS THEREON.
D. ANY ACTION OR PROCEEDING IN WHICH ANY QUESTION ARISES AS TO THE
VALIDITY OF AN INITIATIVE OR REFERENDUM MEASURE, WHETHER AN INITIATIVE
OR REFERENDUM MEASURE SHOULD APPEAR ON THE BALLOT OR WHICH CHALLENGES
THE TITLE AND SUMMARY OF SUCH MEASURE PREPARED BY THE ATTORNEY GENERAL
AS FAILING TO ACCURATELY DESCRIBE SUCH MEASURE, SHALL BE HEARD IN THE
SUPREME COURT OF THE STATE AND PREFERRED OVER ALL OTHER CIVIL CAUSES IN
ALL COURTS OF THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE
TO ALL OTHER CIVIL BUSINESS PENDING THEREIN. NO ACTION OR PROCEEDING
CHALLENGING WHETHER AN INITIATIVE OR REFERENDUM MEASURE MAY APPEAR ON
THE BALLOT OR WHICH CHALLENGES ANY ACTION OR INACTION BY THE ATTORNEY
GENERAL RESPECTING THE TITLE OR SUMMARY OF SUCH MEASURE MAY BE BROUGHT
MORE THAN FOURTEEN DAYS AFTER ACTION BY THE ATTORNEY GENERAL PURSUANT TO
SUBDIVISION A OF THIS SECTION OR, IF THE ATTORNEY GENERAL FAILS TO ACT,
THEN NO LATER THAN FOURTEEN DAYS AFTER THE DEADLINE FOR SUCH ACTION
PURSUANT TO SUCH SUBDIVISION A.
S 7. EXCEPT TO THE EXTENT REQUIRED BY SECTION EIGHT OF THIS ARTICLE, A
MAXIMUM OF FOUR DISCRETE INITIATIVE MEASURES, OR FOUR DISCRETE REFEREN-
DUM MEASURES, OR ANY COMBINATION OF DISCRETE INITIATIVE MEASURES OR
REFERENDUM MEASURES NOT TO EXCEED A TOTAL OF FOUR MAY BE SUBMITTED TO
THE ELECTORS AT ANY ONE GENERAL ELECTION. IF MORE THAN FOUR MEASURES
QUALIFY, THOSE INITIATIVE MEASURES AND REFERENDA MEASURES SUBMITTED TO
THE STATE BOARD OF ELECTIONS EARLIEST IN TIME SHALL BE PLACED ON THE
BALLOT.
S 8. ANY INITIATIVE OR REFERENDUM NOT PLACED ON A BALLOT BECAUSE OF
THE PROVISIONS OF SECTION SEVEN OF THIS ARTICLE SHALL AUTOMATICALLY BE
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PLACED ON THE BALLOT FOR THE NEXT GENERAL ELECTION, NOTWITHSTANDING THE
PROVISIONS OF SECTION SEVEN OF THIS ARTICLE.
S 9. A. TO BE ENACTED, AN INITIATIVE OR REFERENDUM MEASURE PROPOSING
OR REJECTING A STATUTE MUST BE APPROVED BY A MAJORITY OF THE ELECTORS OF
THE STATE VOTING ON THE MEASURE STATE-WIDE. AN INITIATIVE OR REFERENDUM
MEASURE THAT HAS BEEN APPROVED SHALL TAKE EFFECT ON THE FIRST DAY OF
JANUARY OF THE YEAR NEXT SUCCEEDING ITS PASSAGE UNLESS THE MEASURE
EXPRESSLY PROVIDES OTHERWISE. IF A REFERENDUM PETITION IS APPROVED
REPEALING A PART OF A STATUTE, THE REMAINDER OF THE STATUTE SHALL NOT BE
DELAYED FROM GOING INTO EFFECT.
B. A MEASURE AMENDING THE CONSTITUTION MUST BE APPROVED BY A MAJORITY
OF THE ELECTORS OF THE STATE VOTING ON THE MEASURE IN TWO SUCCESSIVE
ELECTIONS IN WHICH THERE ARE CANDIDATES FOR STATE SENATE OR STATE ASSEM-
BLY ON THE BALLOT. SUCH MEASURE SHALL TAKE EFFECT ON THE FIRST DAY OF
JANUARY OF THE YEAR NEXT SUCCEEDING ITS SECOND APPROVAL UNLESS THE MEAS-
URE EXPRESSLY PROVIDES OTHERWISE.
C. IF PROVISIONS OF TWO OR MORE MEASURES APPROVED AT THE SAME ELECTION
CONFLICT, THOSE OF THE MEASURE RECEIVING THE HIGHEST NUMBER OF AFFIRMA-
TIVE VOTES SHALL PREVAIL.
D. A REFERENDUM MEASURE REJECTING ALL OR PART OF A STATUTE CANNOT BE
REPEALED, AMENDED OR OTHERWISE RECONSIDERED BY THE LEGISLATURE FOR A
PERIOD OF TWO YEARS. A MEASURE ADOPTED THROUGH INITIATIVE CANNOT BE
REPEALED, AMENDED OR OTHERWISE RECONSIDERED BY THE LEGISLATURE FOR A
PERIOD OF TWO YEARS. AFTER TWO YEARS NO LAW TO AMEND, REPEAL OR OTHER-
WISE RECONSIDER A MEASURE ADOPTED BY INITIATIVE OR REFERENDUM SHALL TAKE
EFFECT UNTIL IT SHALL, AT A GENERAL ELECTION, HAVE BEEN SUBMITTED TO THE
PEOPLE, AND HAVE RECEIVED A MAJORITY OF ALL THE VOTES CAST FOR AND
AGAINST IT AT SUCH ELECTION, NOR SHALL IT BE SO SUBMITTED TO THE PEOPLE
WITHIN THREE MONTHS AFTER ITS PASSAGE.
E. ANY REFERENDUM OR INITIATIVE ADOPTED BY THE VOTERS MAY BE REPEALED,
AMENDED, OR OTHERWISE RECONSIDERED BY THE PEOPLE AT ANY TIME THROUGH THE
PROCESS ESTABLISHED BY THIS ARTICLE FOR INITIATIVE OR REFERENDUM MEAS-
URES.
S 10. INITIATIVE AND REFERENDUM IN CITIES, TOWNS, VILLAGES AND COUN-
TIES. A. 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 IX OF
THIS CONSTITUTION.
B. INITIATIVE AND REFERENDUM IN CITIES, TOWNS, VILLAGES AND COUNTIES
SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
PROVIDED, HOWEVER, THAT:
(I) 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;
(II) THE AFFIRMATIVE VOTE OF THE MAJORITY OF ELECTORS OF THE MUNICI-
PALITY VOTING ON THE MEASURE SHALL BE REQUIRED TO ENACT SUCH MEASURE;
(III) 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; AND
(IV) THE PROVISIONS OF SUBDIVISION B OF SECTION SIX OF THIS ARTICLE
SHALL NOT BE APPLICABLE.
S 11. THIS ARTICLE OF THE CONSTITUTION SHALL BE IN ALL RESPECTS SELF-
EXECUTING, EXCEPT THAT THE MANNER AND METHOD OF EXERCISING THE POWER OF
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INITIATIVE AND REFERENDUM MAY BE PRESCRIBED PURSUANT TO LAW, CONSISTENT
WITH AND LIMITED BY THE PROVISIONS OF THIS ARTICLE.
S 7. Resolved (if the Senate concur), That the foregoing amendments 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.