S T A T E   O F   N E W   Y O R K
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                                  2527

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2009
                               ___________

Introduced by M. of A. CALHOUN, THIELE, SAYWARD -- Multi-Sponsored by --
  M. of A. BACALLES, BUTLER, CONTE, CROUCH, ERRIGO, FINCH, KOLB, MILLER,
  OAKS,  TEDISCO, TOWNSEND -- read once and referred 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 and referendum

  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 AND REFERENDUM
  SECTION 1.  THE LEGISLATIVE POWER OF THIS STATE SHALL BE VESTED IN THE
SENATE AND ASSEMBLY, BUT THE PEOPLE RESERVE TO THEMSELVES THE  POWER  TO
PROPOSE  LAWS AND 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.  A. THE INITIATIVE IS THE POWER OF THE ELECTORS TO PROPOSE STAT-
UTES AND AMENDMENTS TO THE CONSTITUTION AND TO  ADOPT  OR  REJECT  THEM.
EVERY  INITIATIVE STATUTE WHICH MANDATES THE EXPENDITURE OF MONIES SHALL
CLEARLY STATE THE REVENUES FROM WHICH  SUCH  MONIES  SHALL  BE  DERIVED.
EVERY  INITIATIVE  STATUTE  WHICH  MANDATES  A  REDUCTION IN REVENUES OR
EXPENDITURES SHALL  CLEARLY  STATE  WHAT  REVENUES  WILL  REPLACE  THOSE
REDUCED OR THE EXPENDITURES AND SERVICES TO BE REDUCED OR ELIMINATED.
  B.   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  AND IS CERTIFIED TO HAVE BEEN
SIGNED BY ELECTORS EQUAL IN NUMBER TO FIVE PERCENT  IN  THE  CASE  OF  A
STATUTE,  AND EIGHT PERCENT IN THE CASE OF AN AMENDMENT TO THE CONSTITU-
TION, OF THE VOTES FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST  GUBERNA-
TORIAL ELECTION.

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

                                                           LBD89040-01-9

A. 2527                             2

  C.    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-
AL ELECTION.  THE GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR THE
MEASURE.
  D.    AN 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.
  S  3.    A.    A REFERENDUM IS THE POWER OF THE ELECTORS TO APPROVE OR
REJECT STATUTES OR PARTS OF STATUTES EXCEPT STATUTES NECESSARY  FOR  THE
IMMEDIATE  PRESERVATION  OF THE PUBLIC PEACE, HEALTH OR SAFETY, STATUTES
CALLING ELECTIONS, AND STATUTES PROVIDING FOR TAX  LEVIES  OR  APPROPRI-
ATIONS FOR USUAL CURRENT EXPENSES OF THE STATE.
  B.    A REFERENDUM MEASURE MAY BE PROPOSED BY PRESENTING TO THE SECRE-
TARY OF STATE A PETITION CERTIFIED TO HAVE BEEN SIGNED BY ELECTORS EQUAL
IN NUMBER TO FIVE PERCENT OF THE VOTES FOR ALL CANDIDATES  FOR  GOVERNOR
AT  THE  LAST GUBERNATORIAL ELECTION, ASKING THAT THE STATUTE OR PART OF
IT BE SUBMITTED TO THE ELECTORS.
  C.  THE SECRETARY OF STATE SHALL THEN SUBMIT THE MEASURE 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.    THE
GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR THE MEASURE.
  S  4.   A.  AN INITIATIVE OR REFERENDUM MEASURE APPROVED BY A MAJORITY
OF THE VOTES THEREON TAKES EFFECT FIVE DAYS AFTER THE DATE OF THE  OFFI-
CIAL  DECLARATION OF THE VOTE BY THE STATE BOARD OF ELECTIONS UNLESS THE
MEASURE PROVIDES OTHERWISE.  IF A REFERENDUM PETITION IS FILED AGAINST A
PART OF A STATUTE THE REMAINDER OF THE STATUTE SHALL NOT BE DELAYED FROM
GOING INTO EFFECT.
  B.   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.
   C. ANY ISSUE DEFEATED BY REFERENDUM CANNOT  BE  RECONSIDERED  BY  THE
LEGISLATURE  FOR  A PERIOD OF TWO YEARS. ANY INITIATIVE MEASURE THAT HAS
BEEN ADOPTED CANNOT BE REPEALED OR AMENDED  BY  THE  LEGISLATURE  FOR  A
PERIOD OF TWO YEARS.
  D.    THE VETO POWER OF THE GOVERNOR SHALL NOT EXTEND TO AN INITIATIVE
OR REFERENDUM STATUTE APPROVED BY THE ELECTORS.
  E.  PRIOR TO CIRCULATION OF AN INITIATIVE OR REFERENDUM  PETITION  FOR
SIGNATURES,  A COPY SHALL BE SUBMITTED TO THE ATTORNEY GENERAL WHO SHALL
PREPARE A TITLE AND SUMMARY OF THE MEASURE AS PROVIDED BY LAW.
  F.  THE LEGISLATURE SHALL PROVIDE THE MANNER IN WHICH PETITIONS  SHALL
BE  CIRCULATED,  PRESENTED  AND CERTIFIED, AND MEASURES SUBMITTED TO THE
ELECTORS WITHIN A TWO YEAR PASSAGE OF THIS AMENDMENT  TO  THE  CONSTITU-
TION.
  S  5.   INITIATIVE AND REFERENDUM POWERS MAY BE EXERCISED BY THE ELEC-
TORS OF EACH MUNICIPALITY UNDER PROCEDURES THAT  THE  LEGISLATURE  SHALL
PROVIDE.
  S 6.  NO AMENDMENT TO THE CONSTITUTION, AND NO STATUTE PROPOSED TO THE
ELECTORS  BY THE LEGISLATURE OR BY INITIATIVE, THAT NAMES ANY INDIVIDUAL
TO HOLD ANY OFFICE, OR NAMES OR IDENTIFIES ANY  PRIVATE  CORPORATION  TO
PERFORM ANY FUNCTION OR TO HAVE ANY POWER OR DUTY OR ATTEMPTS TO ABOLISH
AN  EXISTING  STATE AGENCY, MAY BE SUBMITTED TO THE ELECTORS OR HAVE ANY
EFFECT.

A. 2527                             3

  S 7.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS  ARTICLE,  UPON  ALL
INITIATIVE  AND  REFERENDUM  PETITIONS  PROVIDED FOR IN THIS ARTICLE, IT
SHALL BE ADDITIONALLY NECESSARY TO FILE FROM EACH  OF  ONE-HALF  OF  THE
COUNTIES  OF THE STATE SUCH PETITIONS BEARING THE SIGNATURES OF NOT LESS
THAN ONE-HALF OF THE DESIGNATED PERCENTAGE OF THE ELECTORS OF SUCH COUN-
TIES.
  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.