A03380 Summary:

BILL NO    A03380 

SAME AS    No same as 

SPONSOR    Calhoun (MS)

COSPNSR    Thiele, Sayward

MLTSPNSR   Butler, Conte, Crouch, Finch, Kolb, Miller J, Oaks, Tedisco

Renum Art 20 to be Art 21, add Art 20 SS1 - 7, Constn

Reserves to the people of the state the power to propose laws and amendments to
the constitution and to adopt or reject such proposals upon a referendum;
provides petition procedures for placing such proposals on the ballot; limits
use of referendums relating to laws for health and safety; requires referendums
for expenditure of moneys to clearly state the source of such funds; prohibits
governor from vetoing approved proposals.
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A03380 Actions:

BILL NO    A03380 

01/25/2011 referred to judiciary
01/27/2011 to attorney-general for opinion
04/25/2011 opinion referred to judiciary
01/04/2012 referred to judiciary
01/18/2012 to attorney-general for opinion
02/16/2012 opinion referred to judiciary
05/22/2012 held for consideration in judiciary
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A03380 Votes:

There are no votes for this bill in this legislative session.
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A03380 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3380
 
SPONSOR: Calhoun (MS)
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: This legislation would amend the New York State Constitution to reserve for the people of the State the powers of initiative and referendum.   SUMMARY OF SPECIFIC PROVISIONS: Sections 1 through 5 of the concurrent resolution amend section 13 of article 3, section 14 of article 3, section 1 of article 19, section 7 of article 4 and section 16 of arti- cle 3 of the State Constitution, respectively, to accommodate a new article 20 that reserves to the people of the State the powers of initi- ative and referendum. Section 6 of the concurrent resolution renumbers article 20 of the Constitution as article 21 and provides for a new article 20. The new article 20 reserves to New Yorkers the powers of initiative and referendum.   JUSTIFICATION: In his 2002 State of the State Address, Governor Pataki highlighted the need to provide the electors of the State with the power of initiative and referendum. Much has been said in the last several years about the low rate of voter turnout in this State and across the country. One probable reason for this apathy is that many voters no longer believe that their vote counts, that no matter who they vote for the issues they are most interested in will not be debated and the changes they would like to see happen the most will not occur. This belief causes people to feel disconnected from their government, under- mining the foremost principle of a democracy: government by the people, for the people. There is one sure way to at least alleviate if not elim- inate this feeling of disconnection, allow New Yorkers to have a direct voice in State government. Amending the Constitution to reserve for the people the powers of initiative and referendum will accomplish this. This concurrent resolution will allow citizens to propose and vote in favor of or against new laws and constitutional amendments as well as the repeal of existing laws, when it is demonstrated that a proposal has the support of a minimum number of citizens, as evidenced by their signatures on a petition. For an initiative or referendum measure to appear on the ballot, a petition setting forth the proposal must be filed with the State Board of Elections and be signed by electors equal in number to 5% of the votes cast for all candidates for governor at the last gubernatorial election. Such signatures must include at least 10,000 signatures from each of three-fifths of the congressional districts of the State. To be enacted, an initiative or referendum meas- ure must be approved by a majority of the electors voting on the measure Statewide and by a majority of the electors in at least three-fifths of the congressional districts of the State. This concurrent resolution prohibits the Legislature from reconsidering a statute repealed by referendum for a period of two years and prohibits the Legislature from repealing or amending a law or constitutional amendment adopted through initiative for a period of two years. After two years, any legislative proposal to amend or repeal a measure adopting initiative or referendum shall be put to the voters at the next general election for approval or rejection. The amendment provides that the process for gathering signa- tures for a petition in support of an initiative or referendum proposal and for presenting the petition to the Board of Elections shall be conducted in substantial conformity with section 6-140 of the Election Law. Finally, the Legislature is directed to provide limits on amounts that may be contributed to efforts in support of or opposition to propo- sitions appearing on the Statewide ballot. People are demanding a great- er voice in their government. Citizen initiative and referendum will give the people a stronger voice and allow them more of a voice in the legislative process.   PRIOR LEGISLATIVE HISTORY: 1989: A.4889 Died in Judiciary 1990: A.9779 Died in Judiciary 1991: A.6056 Died in Judiciary 1992: A.9342 Died in Judiciary 1994: A.9645 Referred to Judiciary 1996: A.1864 Died in Judiciary 1998: A.2386 Held for consideration in Judiciary 2000: A.3589 Died in Judiciary 2001-02: A.3957 Referred to Judiciary - S.6177A Referred to Judiciary 2003-04: A.2240 Held for consideration in Judiciary 2005-06: A.2031 Held for consideration in Judiciary 2007-08: A.4360 Held for consideration in Judiciary 2009-10: A.2527 Held for consideration in Judiciary   FISCAL IMPLICATIONS: Minimal   EFFECTIVE DATE: Immediately
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A03380 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3380
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 25, 2011
                                       ___________
 
        Introduced by M. of A. CALHOUN, THIELE, SAYWARD -- Multi-Sponsored by --
          M.  of A. BUTLER, CONTE, CROUCH, FINCH, KOLB, J. MILLER, OAKS, TEDISCO
          -- 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
 
     1    Section 1.  Resolved (if the Senate concur), That article  20  of  the
     2  constitution  be  renumbered article 21 and a new article 20 be added to
     3  read as follows:
     4                                 ARTICLE XX
     5                          INITIATIVE AND REFERENDUM
     6    Section 1.  The legislative power of this state shall be vested in the
     7  Senate and Assembly, but the people reserve to themselves the  power  to
     8  propose  laws and amendments to the constitution, and to adopt or reject
     9  the same, at the polls, independent of the legislature, and also reserve
    10  the power, at their own option, to  so  adopt  or  reject  any  act,  or
    11  section or part of any act, passed by the legislature.

    12    §  2.  a. The initiative is the power of the electors to propose stat-
    13  utes and amendments to the constitution and to  adopt  or  reject  them.
    14  Every  initiative statute which mandates the expenditure of monies shall
    15  clearly state the revenues from which  such  monies  shall  be  derived.
    16  Every  initiative  statute  which  mandates  a  reduction in revenues or
    17  expenditures shall  clearly  state  what  revenues  will  replace  those
    18  reduced or the expenditures and services to be reduced or eliminated.
    19    b.   An initiative measure may be proposed by presenting to the secre-
    20  tary of state a petition that sets forth the text of the proposed  stat-
    21  ute  or  amendment  to  the  constitution  and is certified to have been

    22  signed by electors equal in number to five percent  in  the  case  of  a
    23  statute,  and eight percent in the case of an amendment to the constitu-
    24  tion, of the votes for all candidates for governor at the last  guberna-
    25  torial election.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89038-01-1

        A. 3380                             2
 
     1    c.    The secretary of state shall then submit the measure at the next
     2  general election held at least one  hundred  thirty-one  days  after  it
     3  qualifies or at any special statewide election held prior to that gener-

     4  al election.  The governor may call a special statewide election for the
     5  measure.
     6    d.    An initiative measure embracing more than one subject may not be
     7  submitted to the electors or have any effect except that any  number  of
     8  discrete  initiative  measures  may  be submitted to the electors at any
     9  general election or any special statewide election called by the  gover-
    10  nor.
    11    §  3.    a.    A referendum is the power of the electors to approve or
    12  reject statutes or parts of statutes except statutes necessary  for  the
    13  immediate  preservation  of the public peace, health or safety, statutes
    14  calling elections, and statutes providing for tax  levies  or  appropri-
    15  ations for usual current expenses of the state.

    16    b.    A referendum measure may be proposed by presenting to the secre-
    17  tary of state a petition certified to have been signed by electors equal
    18  in number to five percent of the votes for all candidates  for  governor
    19  at  the  last gubernatorial election, asking that the statute or part of
    20  it be submitted to the electors.
    21    c.  The secretary of state shall then submit the measure at  the  next
    22  general  election held at least thirty-one days after it qualifies or at
    23  a special statewide election held prior to that general election.    The
    24  governor may call a special statewide election for the measure.
    25    §  4.   a.  An initiative or referendum measure approved by a majority

    26  of the votes thereon takes effect five days after the date of the  offi-
    27  cial  declaration of the vote by the state board of elections unless the
    28  measure provides otherwise.  If a referendum petition is filed against a
    29  part of a statute the remainder of the statute shall not be delayed from
    30  going into effect.
    31    b.   If provisions of two  or  more  measures  approved  at  the  same
    32  election  conflict,  those of the measure receiving the highest affirma-
    33  tive vote shall prevail.
    34     c. Any issue defeated by referendum cannot  be  reconsidered  by  the
    35  legislature  for  a period of two years. Any initiative measure that has
    36  been adopted cannot be repealed or amended  by  the  legislature  for  a
    37  period of two years.

    38    d.    The veto power of the governor shall not extend to an initiative
    39  or referendum statute approved by the electors.
    40    e.  Prior to circulation of an initiative or referendum  petition  for
    41  signatures,  a copy shall be submitted to the attorney general who shall
    42  prepare a title and summary of the measure as provided by law.
    43    f.  The legislature shall provide the manner in which petitions  shall
    44  be  circulated,  presented  and certified, and measures submitted to the
    45  electors within a two year passage of this amendment  to  the  constitu-
    46  tion.
    47    §  5.   Initiative and referendum powers may be exercised by the elec-
    48  tors of each municipality under procedures that  the  legislature  shall
    49  provide.

    50    § 6.  No amendment to the constitution, and no statute proposed to the
    51  electors  by the legislature or by initiative, that names any individual
    52  to hold any office, or names or identifies any  private  corporation  to
    53  perform any function or to have any power or duty or attempts to abolish
    54  an  existing  state agency, may be submitted to the electors or have any
    55  effect.

        A. 3380                             3
 
     1    § 7.  Notwithstanding any other provision of this  article,  upon  all
     2  initiative  and  referendum  petitions  provided for in this article, it
     3  shall be additionally necessary to file from each  of  one-half  of  the
     4  counties  of the state such petitions bearing the signatures of not less

     5  than one-half of the designated percentage of the electors of such coun-
     6  ties.
     7    §  2. Resolved (if the Senate concur), That the foregoing amendment be
     8  referred to the first regular legislative session  convening  after  the
     9  next  succeeding  general  election  of members of the assembly, and, in
    10  conformity with  section  1  of  article  19  of  the  constitution,  be
    11  published for 3 months previous to the time of such election.
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