S T A T E O F N E W Y O R K
________________________________________________________________________
4001
2011-2012 Regular Sessions
I N S E N A T E
March 11, 2011
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Introduced by Sens. RANZENHOFER, DeFRANCISCO, GOLDEN, GRISANTI, JOHNSON,
LARKIN, O'MARA, SALAND -- 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.
LBD89035-01-1
S. 4001 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. 4001 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. 4001 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. 4001 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.