Assembly Bill A3756A

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

                                 3756--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A. JOHNS, LAWRENCE, McLAUGHLIN, FINCH, DiPIETRO,
  TEDISCO, TENNEY, RAIA -- Multi-Sponsored  by  --  M.  of  A.  CERETTO,
  HAWLEY, THIELE -- read once and referred to the Committee on Judiciary
  -- recommitted to the Committee on Judiciary in accordance with Assem-
  bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

            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.
  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-
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89061-03-6
              

A. 3756--A                          2

  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.
  S 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.
  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.