S T A T E   O F   N E W   Y O R K
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                                  6816

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by  M.  of  A.  KOLB,  RAIA, ERRIGO, TOBACCO, CORWIN, CONTE,
  GIGLIO, P. LOPEZ, WALKER -- Multi-Sponsored by -- M.  of  A.  BARCLAY,
  HAWLEY,  SAYWARD,  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 for
  initiative and referendum petitions for electors

  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
  LEGISLATIVE POWER 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 THEM AT THE POLLS IF AFTER
SUBMITTING THE SAME ACCORDING TO  THE  METHOD  PROVIDED  HEREIN  TO  THE
LEGISLATURE  THAT  BODY  FAILS TO TAKE POSITIVE ACTION, 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. THESE RESERVED
POWERS ARE THE INITIATIVE AND REFERENDUM.
  SECTION 1. AN INITIATIVE OR REFERENDUM PETITION SHALL  SET  FORTH  THE
FULL  TEXT  OF THE LAW OR AMENDMENT, HEREINAFTER DESIGNATED AS THE MEAS-
URE, WHICH IS PROPOSED BY THE PETITION.
  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) A REFERENDUM IS THE POWER OF THE ELECTORS  TO  APPROVE  OR  REJECT
LAWS OR PARTS OF LAWS, EXCEPT LAWS CALLING ELECTIONS; PROVIDED, HOWEVER,
THE  EXCEPTION CONTAINED IN THIS SUBDIVISION SHALL NOT BE INTERPRETED OR
HELD TO RESTRICT ANY POWERS GRANTED TO THE ELECTORS IN  SUBDIVISION  (A)
OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89117-01-9
              

A. 6816                             2

  S  3.  NO  INITIATIVE  OR  REFERENDUM MEASURE MAY BE PROPOSED WHICH IS
BEYOND THE REACH OF THE STATE LEGISLATURE ITSELF; OR  THE  OPERATION  OF
WHICH  IS  RESTRICTED  TO  A  PARTICULAR  TOWN, CITY, OR OTHER POLITICAL
SUBDIVISION WHICH IS NOT STATEWIDE; OR NAMING ANY PERSON TO HOLD  PUBLIC
OFFICE;  OR ABOLISHING A STATE AGENCY; OR APPROPRIATING SPECIFIC SUMS OF
MONEY FROM THE TREASURY.
  S 4. AN INITIATIVE OR  REFERENDUM  MEASURE  EMBRACING  MORE  THAN  ONE
SUBJECT  MAY  NOT  BE  SUBMITTED  TO  THE  ATTORNEY GENERAL NOR HAVE ANY
EFFECT.
  S 5. AN INITIATIVE OR REFERENDUM PETITION  SHALL  BE  PROPOSED  BY  AT
LEAST  TWO HUNDRED FIFTY SPONSORS WHO ARE REGISTERED VOTERS IN THE STATE
OF NEW YORK. ONE SPONSOR SHALL BE DESIGNATED CHAIRPERSON  BY  THE  PETI-
TIONING  COMMITTEE  AND  SHALL  REPRESENT  THE COMMITTEE. NO SOONER THAN
JANUARY FIRST OF THE YEAR PRECEDING THE  CONVENING  OF  THE  LEGISLATIVE
SESSION  IN  WHICH THE MEASURE WILL BE INTRODUCED, THE PROPOSAL SHALL BE
SUBMITTED TO THE ATTORNEY GENERAL. THE ATTORNEY GENERAL SHALL RENDER  AN
OPINION  AS  TO  ITS  CONSTITUTIONALITY IF A STATUTE, OR ITS EFFECT UPON
OTHER PROVISIONS OF THE CONSTITUTION IF AN AMENDMENT AND ALSO RENDER HIS
OR HER ADVICE AS TO THE FORM OF THE PROPOSED MEASURE AND AS TO ITS SUIT-
ABILITY TO ACCOMPLISH ITS PURPOSE. HE OR SHE SHALL ALSO CERTIFY THAT THE
MEASURE IS NOT SUBSTANTIALLY THE SAME IN CONTENT OR INTENT AS ANY  MEAS-
URE  WHICH HAS BEEN QUALIFIED FOR SUBMITTAL TO THE VOTERS IN LIKE MANNER
AT EITHER OF THE TWO PRECEDING BIENNIAL STATE  ELECTIONS,  AND  THAT  IT
CONTAINS  ONLY  SUBJECTS  NOT  EXCLUDED  FROM  THE POPULAR INITIATIVE OR
REFERENDUM. THE ATTORNEY GENERAL'S DETERMINATION SHALL  BE  MADE  WITHIN
THIRTY  DAYS  AFTER RECEIPT OF SAME. THE MEASURE SHALL THEN BE SUBMITTED
TO THE SECRETARY OF STATE FOR APPROVAL OF  FORM  AND  PREPARATION  OF  A
PETITION  TITLE  REPRESENTING THE INTENT OF THE PROPOSAL.  THE SECRETARY
OF STATE SHALL PREPARE, IN CONSULTATION  WITH  THE  CHAIRPERSON  OF  THE
SPONSORING  COMMITTEE,  AN  UNBIASED,  NON-ARGUMENTATIVE  SUMMARY OF THE
PROPOSAL NOT TO EXCEED ONE HUNDRED  WORDS  WHICH  SHALL  APPEAR  ON  THE
PETITIONS.  THE  SECRETARY  OF STATE SHALL PROVIDE BLANKS CONTAINING THE
SUMMARY OF THE PROPOSED MEASURE  FOR  THE  USE  OF  SUBSEQUENT  SIGNERS.
ACTION  BY  THE SECRETARY OF STATE SHALL BE COMPLETED WITHIN THIRTY DAYS
OF RECEIPT OF THE PETITION FROM THE ATTORNEY GENERAL.
  S 6. THE PETITIONING COMMITTEE ASSUMES  FULL  RESPONSIBILITY  FOR  THE
CIRCULATION  OF  THE PETITIONS. ONLY REGISTERED VOTERS OF NEW YORK STATE
MAY CARRY OR SIGN PETITIONS. PETITION BEARERS SHALL CARRY A COPY OF  THE
FULL TEXT OF THE INITIATIVE OR REFERENDUM. PETITIONS SHALL BE CIRCULATED
TO  OBTAIN  SIGNATURES OF ELECTORS EQUAL IN NUMBER TO SIX PERCENT OF THE
ELECTORS WHO VOTED FOR GOVERNOR IN THE LAST  GUBERNATORIAL  ELECTION  IF
THE  MEASURE  IS  A  STATUTE, OR EIGHT PERCENT IF THE MEASURE AMENDS THE
CONSTITUTION. NO MORE THAN FIVE PERCENT OF THE REQUIRED NUMBER OF SIGNA-
TURES SHALL COME FROM ANY ONE COUNTY OF THE STATE. THE  PETITIONS  SHALL
BE FILED WITH THE SECRETARY OF STATE AT LEAST TEN DAYS BEFORE THE LEGIS-
LATURE CONVENES AT THE BEGINNING OF ITS ANNUAL SESSION. THE SECRETARY OF
STATE  SHALL SUBMIT THE MEASURE TO BOTH HOUSES OF THE LEGISLATURE WITHIN
THIRTY DAYS OF RECEIPT OF SAME, FOLLOWING CERTIFICATION OF SIGNATURES IN
A LIKE MANNER AS EMPLOYED IN CERTIFYING THOSE OF AN  INDEPENDENT  CANDI-
DATE  FOR  STATEWIDE OFFICE. THE LEGISLATURE SHALL PROVIDE THE MANNER IN
WHICH PETITIONS SHALL BE CIRCULATED, PRESENTED AND CERTIFIED, AND  MEAS-
URES  SUBMITTED TO THE ELECTORS WITHIN A TWO YEAR PASSAGE OF THIS AMEND-
MENT TO THE CONSTITUTION.
  S 7. IF THE MEASURE INTRODUCED BY INITIATIVE OR REFERENDUM IS A  STAT-
UTE  AND IS PASSED BY BOTH HOUSES OF THE LEGISLATURE AND APPROVED BY THE
GOVERNOR IT SHALL BECOME A LAW; HOWEVER, THE GOVERNOR MAY VETO THE MEAS-

A. 6816                             3

URE. BOTH HOUSES OF THE LEGISLATURE MUST PASS  THE  MEASURE  WITHIN  SIX
MONTHS AFTER RECEIPT OF THE MEASURE FROM THE SECRETARY OF STATE OR OVER-
RIDE A GUBERNATORIAL VETO OF THE MEASURE WITHIN THE SAME TIME PERIOD. IF
THE  LEGISLATURE  FAILS TO DO SO THE SECRETARY OF STATE SHALL SUBMIT THE
MEASURE TO THE VOTERS AT THE NEXT GENERAL ELECTION  IF  SUCH  SUBMISSION
SHALL  BE  DEMANDED  BY  A SUPPLEMENTARY PETITION CERTIFIED TO HAVE BEEN
SIGNED BY ELECTORS IN EQUAL NUMBER TO ONE 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 ONE HUNDRED TWENTY
DAYS AFTER SUCH PROPOSED LAW OR REFERENDUM 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 AS HEREINBEFORE  PROVIDED  IN
THIS  SECTION.  IF  THE MEASURE IS AMENDED BY THE LEGISLATURE AND PASSES
BOTH HOUSES BOTH THE AMENDED MEASURE AND THE ORIGINAL MEASURE  SHALL  BE
PUT ON THE BALLOT. THE ELECTORS MAY CHOOSE ONE OR REJECT BOTH.
  S  8. IF THE MEASURE IS A CONSTITUTIONAL AMENDMENT IT SHALL BE SUBMIT-
TED TO THE LEGISLATURE FOR PASSAGE.  IF THE MEASURE FAILS TO PASS EITHER
HOUSE OF THE LEGISLATURE IN ITS ORIGINAL FORM, IN THE TWO YEAR  TERM  IN
WHICH  IT  IS  FIRST INTRODUCED, OR, IF THE MEASURE IN ITS ORIGINAL FORM
FAILS TO PASS EITHER HOUSE OF THE NEXT SEPARATELY ELECTED LEGISLATURE IN
EITHER YEAR OF ITS TWO YEAR TERM AFTER HAVING BEEN PASSED BY THE  PREVI-
OUSLY  ELECTED  LEGISLATURE,  THE PETITIONING COMMITTEE SHALL PRESENT TO
THE SECRETARY OF STATE WITHIN NINETY DAYS OF A NEGATIVE VOTE  OF  EITHER
HOUSE  ON THE PROPOSED MEASURE OR UPON ADJOURNMENT WITHOUT ACTION ON THE
PROPOSED MEASURE AN ADDITIONAL NUMBER OF SIGNATURES, WHICH  MAY  OR  MAY
NOT  BE  DUPLICATES OF THE SIGNATURES ON THE ORIGINAL PETITION, EQUAL TO
FOUR PERCENT OF THOSE VOTING IN THE LAST GUBERNATORIAL ELECTION, WITH NO
MORE THAN FIVE PERCENT OF THESE COMING FROM ANY ONE COUNTY OF THE STATE.
UPON RECEIPT OF THE ADDITIONAL SIGNATURES THE SECRETARY OF  STATE  SHALL
HAVE FIFTEEN DAYS TO CERTIFY THEIR VALIDITY. HE OR SHE SHALL THEN SUBMIT
THE  MEASURE  TO  THE VOTERS AT THE NEXT GENERAL ELECTION, PROVIDED THAT
THE SAID ELECTION IS TO BE HELD MORE THAN FOUR WEEKS FOLLOWING FILING OF
THE ADDITIONAL SIGNATURES TO THE SECRETARY OF STATE.
  S 9. INITIATIVE AND REFERENDUM MEASURES MAY NOT  BE  REPEALED  BY  THE
LEGISLATURE  FOR  A  PERIOD  OF TWO YEARS EXCEPT BY A TWO-THIRDS VOTE OF
BOTH HOUSES OR UNLESS SUCH LAW OR REFERENDUM PERMITS AMENDMENT OR REPEAL
SUBJECT TO THE APPROVAL OF THE ELECTORS OR WITHOUT THE APPROVAL  OF  THE
ELECTORS.
  S 10. IF IN THE OPINION OF THE ATTORNEY GENERAL, ANY TWO INITIATIVE OR
REFERENDUM  MEASURES  APPROVED BY THE PEOPLE IN THE SAME ELECTION ARE IN
CONFLICT, THE ONE HAVING THE HIGHER NUMBER OF AFFIRMATIVE VOTES AT  SUCH
ELECTION  SHALL  GOVERN.  A  CONSTITUTIONAL  AMENDMENT  APPROVED  AT ANY
ELECTION SHALL GOVERN ANY LAW APPROVED AT THE SAME ELECTION.
  S 11. AN INITIATIVE OR REFERENDUM MEASURE APPROVED BY  A  MAJORITY  OF
THE  VOTES  CAST THEREON SHALL TAKE EFFECT ONE DAY AFTER THE DATE OF THE
CANVASS OF SUCH VOTE BECOMES  OFFICIAL    UNLESS  THE  MEASURE  PROVIDES
OTHERWISE.
  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.