S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3307
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. THIELE -- 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.
   §  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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89039-01-7

 A. 3307                             2
 
 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.
   §  3. A. AN INITIATIVE OR REFERENDUM MEASURE APPROVED BY A MAJORITY OF
 THE VOTES THEREON TAKES EFFECT FIVE DAYS AFTER THE DATE OF THE  OFFICIAL
 DECLARATION OF THE VOTE BY THE STATE BOARD OF ELECTIONS UNLESS THE MEAS-
 URE 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  AFFIRMATIVE  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.
   § 4. INITIATIVE AND REFERENDUM POWERS MAY BE EXERCISED BY THE ELECTORS
 OF  EACH  MUNICIPALITY  UNDER  PROCEDURES  THAT  THE  LEGISLATURE  SHALL
 PROVIDE.
   § 5. NO AMENDMENT TO THE CONSTITUTION, AND NO STATUTE PROPOSED TO  THE
 ELECTORS BY THE LEGISLATURE OR BY INITIATIVE, WHICH 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.
   §  6.  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 CONGRESSIONAL DISTRICT
 OF  THE STATE SUCH PETITIONS BEARING THE SIGNATURES OF NOT LESS THAN TWO
 THOUSAND FIVE HUNDRED OF THE ELECTORS OF SUCH CONGRESSIONAL DISTRICT.
   § 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.