Assembly Bill A4074

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4074
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
   tee 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 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 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.
                                                            LBD89042-01-7

 A. 4074                             2
 
 DEPENDING  UPON  THE  CASTING  OF A SPECIFIED PERCENTAGE OF VOTES FOR OR
 AGAINST THE MEASURE.
   §  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.
   § 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.