S T A T E   O F   N E W   Y O R K
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                                  5145

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 4, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            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 Assembly 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 TWENTY-FIVE THOUSAND ELECTORS.
  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.
  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

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

                                                           LBD89061-02-5

S. 5145                             2

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 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 3 months previous to the time of such election.