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A04978 Summary:

BILL NO    A04978 

SAME AS    SAME AS S00709

SPONSOR    Schroeder

COSPNSR    Castelli

MLTSPNSR   

Amd Art 3 SS13, 14 & 16, Art 19 S1, Art 4 S7, ren Art 20 to be Art 21, add Art
20 SS1 - 11, Constn

Provides for initiative and referendum in New York State for the People as
electors to propose or reject laws and submit amendments to the state
constitution.
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A04978 Actions:

BILL NO    A04978 

02/09/2011 referred to judiciary
02/11/2011 to attorney-general for opinion
04/27/2011 opinion referred to judiciary
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A04978 Votes:

There are no votes for this bill in this legislative session.
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A04978 Memo:

BILL NUMBER:A4978

TITLE OF BILL:  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing amendments to the constitution, in relation to providing the elec-
tors with the power of initiative and referendum

PURPOSE:
This proposal would amend the New York State constitution to reserve for
the People of the State the powers of initiative and referendum.

Sections 1 through 5 of the concurrent resolution would amend Section 13
of Article 3, Section 14 of Article 3, Section 1 of Article 19, Section
16 of Article 3 and Section 7 of Article 4 of the State Constitution,
respectively, to accommodate a new Article 20 to reserve to the People
of the state the powers of initiative and referendum (I&R).

Section 6 of the concurrent resolution would renumber Article 20 of the
Constitution Article 21 and provides for a new Article 20. The new Arti-
cle 20 would reserve to New Yorkers the power to propose laws and amend-
ments to the Constitution, and to adopt or reject laws independent of
the Legislature. Initiative is the power of the electors to propose
statutes and amendments to the Constitution and referendum is the power
to approve or reject statutes or part of statutes. For an initiative or
referendum measure to appear on a ballot, a petition setting forth the
proposal must be filed with the State Board of Elections and be signed
by electors at least equal in number to 5 percent of the votes cast for
all candidates for governor at the last gubernatorial election. Such
signatures must include at least 5,000 signatures from each of at least
three-fifths of the State's congressional districts. The process for
gathering signatures for a petition in support of an I&R proposal and
for presenting the petition to the Board of Elections shall be conducted
in substantial conformity with Election Law provisions governing inde-
pendent petitions.

Prior to circulation of a petition for signatures, a copy of the initi-
ative or referendum shall be submitted to the Attorney General who shall
prepare a title and summary of the measure which shall not give any
indication of support or opposition to such measure. The measure shall
also be submitted to the Legislative Bill Drafting Commission for tech-
nical comments on the form of the measure. Any action or proceeding in
which a question arises as to the validity of a measure or which chal-
lenges the title and summary of such measure shall be granted a prefer-
ence in all courts.

To be enacted, an initiative or referendum measure must be approved by a
majority of the electors voting on the measure statewide. A measure
proposing or rejecting a statute that has been approved shall be effec-
tive on the first day of January of the year next succeeding its passage
unless the measure expressly provides otherwise. A measure amending the
Constitution must be approved by a majority of the electors voting on
the measure statewide in two successive elections in which there are
candidates for the State Senate and Assembly.

I&R shall be permitted for any measure except the following: (i) calling
for elections; (ii) appropriating funds, except for a single object or
purpose; (iii) naming any individuals to hold office; or (iv) granting
any power or duty to any private entity or directing such entity to
perform a function. An initiative measure embracing more than one
subject is not permitted and a maximum of four discrete measures may be
submitted at anyone general election.

The Legislature shall be prohibited from repealing or amending a measure
adopted or rejected through I&R for a period of two years.  After two
years, any legislative proposal to amend or repeal an I&R measure shall
be put to the voters at the next general election for approval or
rejection.

This constitutional amendment will also reserve to the citizens of all
cities, towns and counties the power of I&R. Signatures of electors of a
municipality equal in number to at least 5 percent of the votes cast in
such municipality for all candidates for governor at the last gubernato-
rial election will be required to propose any measure by I&R and an
affirmative vote of the majority of electors voting on the measure will
be required to be enacted. Petitions shall be submitted to the county
board of elections which will resolve challenges to such petitions.

Section 7 would provide for submission of this constitutional amendment
to the first regular session of the Legislature after the next succeed-
ing general election of the member's of the Assembly.

EXISTING LAW:
The People of the State do not currently have the constitutional right
to enact laws, amend the constitution or repeal laws by initiative or
referendum. Section 13 of Article 3 of the Constitution provides that no
law shall be enacted except by bill. Section 14 of Article 3 of the
Constitution provides that no bill shall become law except by the assent
of a majority of the members elected to each branch of the Legislature.

Section 1 of Article 19 of the Constitution provides that proposed
amendments to the Constitution shall be effective if they are agreed to
by a majority of the members of both branches of two successive Legisla-
tures and subsequently approved by a majority of the electors voting
thereon. Section 7 of Article 4 of the Constitution provides that every
bill that passes the Legislature must be presented to the Governor for
approval. Section 16 of Article 3 provides that no act shall be passed
which provides that an existing law shall be deemed a part of the act,
except by inserting the law into the act.

Amending the State Constitution to allow initiative and referendum will
provide the citizens of New York the ability to enact laws which are
specifically addressed to their concerns. This procedure is a reflection
of the basic tenet of democracy which embodies government by the People,
of the People and for the People. I&R is an integral mechanism for
voters to exercise a direct and active role in enacting and defeating
laws. The People of New York deserve a greater voice in government and

citizenry. I&R will provide voters stronger representation and allow
them to act when their elected representatives fail to do so.

PRIOR LEGISLATIVE HISTORY: 2010: Referred to judiciary

BUDGET IMPLICATIONS:
None.

EFFECTIVE DATE:  That the foregoing amendments to 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.
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A04978 Text:

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

                                         4978

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 9, 2011
                                      ___________

       Introduced  by  M.  of  A.  SCHROEDER  --  read once and referred to the
         Committee on Judiciary

                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

       proposing amendments 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 section 13 of article
    2  3 of the constitution be amended to read as follows:
    3    S  13.  The  enacting  clause of all bills shall be "The People of the
    4  State of New York, represented in  Senate  and  Assembly,  do  enact  as
    5  follows,"  and  no law shall be enacted except by bill; EXCEPT AS OTHER-
    6  WISE PROVIDED IN ARTICLE TWENTY OF THIS CONSTITUTION.
    7    S 2. RESOLVED (if the Senate concur), That section 14 of article 3  of
    8  the constitution be amended to read as follows:
    9    S  14. A. No bill shall be passed or become a law unless it shall have
   10  been printed and upon the desks of the members, in its  final  form,  at
   11  least three calendar legislative days prior to its final passage, unless
   12  the governor, or the acting governor, shall have certified, under his or
   13  her  hand and the seal of the state, the facts which in his or her opin-
   14  ion necessitate an immediate vote thereon, in which case it must  never-
   15  theless  be upon the desks of the members in final form, not necessarily
   16  printed, before its final passage; nor  shall  any  bill  be  passed  or
   17  become  a law, except by the assent of a majority of the members elected
   18  to each branch of the legislature; and upon the last reading of a  bill,
   19  no  amendment  thereof shall be allowed, and the question upon its final
   20  passage shall be taken immediately thereafter, and  the  ayes  and  nays
   21  entered on the journal.
   22    B.  THIS  SECTION SHALL NOT APPLY TO ANY INITIATIVE OR REFERENDUM THAT
   23  IS SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
   24    S 3. RESOLVED (if the Senate concur), That section 1 of article 19  of
   25  the constitution be amended to read as follows:
   26    Section  1. A. Any amendment or amendments to this constitution may be
   27  proposed in the senate and assembly whereupon such amendment  or  amend-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89029-01-1
       A. 4978                             2

    1  ments  shall  be referred to the attorney-general whose duty it shall be
    2  within twenty days thereafter to render an opinion  in  writing  to  the
    3  senate  and  assembly  as  to the effect of such amendment or amendments
    4  upon  other provisions of the constitution. Upon receiving such opinion,
    5  if the amendment or amendments as proposed or as amended shall be agreed
    6  to by a majority of the members elected to each of the two houses,  such
    7  proposed amendment or amendments shall be entered on their journals, and
    8  the ayes and noes taken thereon, and referred to the next regular legis-
    9  lative  session  convening  after  the  succeeding  general  election of
   10  members of the assembly, and shall be published for three months  previ-
   11  ous  to  the  time  of  making  such  choice; and if in such legislative
   12  session, such proposed amendment or amendments shall be agreed to  by  a
   13  majority  of all the members elected to each house, then it shall be the
   14  duty of the legislature to submit each proposed amendment or  amendments
   15  to  the  people  for  approval  in  such manner and at such times as the
   16  legislature shall prescribe; and if the people shall approve and  ratify
   17  such amendment or amendments by a majority of the electors voting there-
   18  on, such amendment or amendments shall become a part of the constitution
   19  on the first day of January next after such approval.  Neither the fail-
   20  ure  of  the  attorney-general  to  render  an opinion concerning such a
   21  proposed amendment nor his or her failure to do so timely  shall  affect
   22  [th] THE validity of such proposed amendment or legislative action ther-
   23  eon.
   24    B.  THIS SECTION SHALL NOT APPLY TO AN AMENDMENT BY INITIATIVE SUBJECT
   25  TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
   26    S 4. RESOLVED (if the Senate concur), That section 16 of article 3  of
   27  the constitution be amended to read as follows:
   28    S  16. A. No act shall be passed which shall provide that any existing
   29  law, or any part thereof, shall be made or deemed a part of said act, or
   30  which shall enact that any existing  law,  or  part  thereof,  shall  be
   31  applicable, except by inserting it in such act.
   32    B.  THIS  SECTION  SHALL  NOT  APPLY  TO  ANY INITIATIVE OR REFERENDUM
   33  SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
   34    S 5. RESOLVED (if the Senate concur), That section 7 of article  4  of
   35  the constitution be amended to read as follows:
   36    S  7.  A.  Every  bill which shall have passed the senate and assembly
   37  shall, before it becomes a law, be presented to  the  governor;  if  the
   38  governor  approve,  he or she shall sign it; but if not, he or she shall
   39  return it with his or her objections to the house in which it shall have
   40  originated, which shall enter the objections at large  on  the  journal,
   41  and  proceed to reconsider it. If after such reconsideration, two-thirds
   42  of the members elected to that house shall agree to pass  the  bill,  it
   43  shall be sent together with the objections, to the other house, by which
   44  it  shall likewise be reconsidered; and if approved by two-thirds of the
   45  members elected to that house, it shall become a law notwithstanding the
   46  objections of the governor. In all such cases the votes in  both  houses
   47  shall  be  determined  by  yeas  and  nays, and the names of the members
   48  voting shall be entered on the journal of each  house  respectively.  If
   49  any  bill shall not be returned by the governor within ten days (Sundays
   50  excepted) after it shall have been presented to him  or  her,  the  same
   51  shall  be a law in like manner as if he or she had signed it, unless the
   52  legislature shall, by their adjournment, prevent its  return,  in  which
   53  case  it shall not become a law without the approval of the governor. No
   54  bill shall become a law after the final adjournment of the  legislature,
   55  unless  approved  by the governor within thirty days after such adjourn-
   56  ment. If any bill presented to the governor  contain  several  items  of
       A. 4978                             3

    1  appropriation  of  money, the governor may object to one or more of such
    2  items while approving of the other portion of the bill. In such case the
    3  governor shall append to the bill, at the time of signing it,  a  state-
    4  ment  of  the items to which he or she objects; and the appropriation so
    5  objected to shall not take effect. If the legislature be in session,  he
    6  or  she  shall transmit to the house in which the bill originated a copy
    7  of such statement, and the items objected to shall be separately  recon-
    8  sidered.  If on reconsideration one or more of such items be approved by
    9  two-thirds of the members elected to each house, the same shall be  part
   10  of  the  law,  notwithstanding  the  objections of the governor. All the
   11  provisions of this section, in relation to bills  not  approved  by  the
   12  governor,  shall  apply  in  cases  in  which  he  or she shall withhold
   13  approval from any item or items contained in a bill appropriating money.
   14    B. THIS SECTION SHALL NOT APPLY TO ANY INITIATIVE OR  REFERENDUM  THAT
   15  IS SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
   16    S 6. RESOLVED (if the Senate concur), That article 20 of the constitu-
   17  tion  be  renumbered article 21 and a new article 20 be added to read as
   18  follows:
   19                                 ARTICLE XX
   20                          INITIATIVE AND REFERENDUM

   21    SECTION 1. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  CONSTITUTION,
   22  THE  PEOPLE  RESERVE  TO  THEMSELVES  THE  POWER  TO PROPOSE LAWS AND TO
   23  PROPOSE AMENDMENTS TO THE CONSTITUTION, AND TO ADOPT OR REJECT THE SAME,
   24  AT THE POLLS, INDEPENDENT OF  THE  LEGISLATURE,  AND  ALSO  RESERVE  THE
   25  POWER, AT THEIR OWN OPTION, TO SO ADOPT OR REJECT ANY ACT, OR SECTION OR
   26  PART OF ANY ACT, PASSED BY THE LEGISLATURE.
   27    S  2. AS USED IN THIS ARTICLE: A. INITIATIVE IS THE POWER OF THE ELEC-
   28  TORS TO PROPOSE AMENDMENTS TO THE CONSTITUTION AND TO PROPOSE  STATUTES;
   29  AND
   30    B.  REFERENDUM IS THE POWER OF THE ELECTORS TO APPROVE OR REJECT STAT-
   31  UTES OR PARTS OF STATUTES.
   32    S 3. INITIATIVE MAY BE USED FOR ANY MEASURE EMBRACING A SINGLE  OBJECT
   33  OR  PURPOSE,  EXCEPT  THE  FOLLOWING:   CALLING ELECTIONS; APPROPRIATING
   34  FUNDS, EXCEPT FOR AN INITIATIVE PROPOSING AN APPROPRIATION FOR A  SINGLE
   35  OBJECT  OR PURPOSE; NAMING ANY INDIVIDUALS TO HOLD ANY OFFICE; OR NAMING
   36  OR IDENTIFYING ANY  PRIVATE  CORPORATION  OR  OTHER  PRIVATE  ENTITY  TO
   37  PERFORM ANY FUNCTION OR TO HAVE ANY POWER OR DUTY. SUCH MEASURES MAY NOT
   38  BE  SUBMITTED TO THE ELECTORS AND SHALL NOT HAVE THE FORCE AND EFFECT OF
   39  LAW.
   40    S 4. AN INITIATIVE OR REFERENDUM MEASURE MAY BE PROPOSED BY PRESENTING
   41  TO THE STATE BOARD OF ELECTIONS A PETITION THAT SETS FORTH THE  TEXT  OF
   42  THE  PROPOSED  STATUTE,  CONSTITUTIONAL AMENDMENT OR REFERENDUM AND THAT
   43  HAS BEEN SIGNED BY ELECTORS EQUAL IN NUMBER TO AT LEAST FIVE PERCENT  OF
   44  THE VOTES CAST FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST GUBERNATORIAL
   45  ELECTION. SUCH SIGNATURES MUST INCLUDE AT LEAST FIVE THOUSAND SIGNATURES
   46  FROM EACH OF AT LEAST THREE-FIFTHS OF THE CONGRESSIONAL DISTRICTS OF THE
   47  STATE.
   48    S  5. A. PETITIONS FOR AN INITIATIVE OR REFERENDUM MEASURE SHALL BE IN
   49  SUBSTANTIALLY THE SAME FORM AS PRESCRIBED BY THE ELECTION LAW FOR  INDE-
   50  PENDENT  NOMINATING  PETITIONS, AND SHALL BE CIRCULATED AND PRESENTED IN
   51  THE MANNER PRESCRIBED BY SUCH LAW, EXCEPT THAT THE PETITION SHALL  STATE
   52  THAT  THE  REGISTERED  VOTER  DESIRES TO HAVE THE SPECIFIC INITIATIVE OR
   53  REFERENDUM QUESTION NOTED ON THE PETITION PLACED ON THE  BALLOT  INSTEAD
   54  OF A CANDIDATE.
       A. 4978                             4

    1    B.  PETITIONS  SHALL  BE  SUBMITTED TO THE STATE BOARD OF ELECTIONS. A
    2  SIGNATURE MADE EARLIER THAN ONE YEAR PRIOR TO THE NEXT GENERAL  ELECTION
    3  SHALL  NOT BE COUNTED. CHALLENGES TO SUCH PETITIONS SHALL BE RESOLVED BY
    4  THE STATE BOARD OF ELECTIONS, SUBJECT TO JUDICIAL REVIEW AS PROVIDED FOR
    5  BY  LAW.  NO  CHALLENGE TO AN INITIATIVE OR REFERENDUM MAY BE FILED MORE
    6  THAN TEN DAYS AFTER SUBMISSION  OF  PETITIONS  TO  THE  STATE  BOARD  OF
    7  ELECTIONS, AND ANY SUCH CHALLENGE SHALL BE FINALLY RESOLVED BY THE STATE
    8  BOARD OF ELECTIONS WITHIN TEN DAYS OF ITS FILING.
    9    C.  MEASURES  PROPOSING  OR  REJECTING STATUTES SHALL BE PLACED ON THE
   10  BALLOT BY THE STATE BOARD OF ELECTIONS AT THE NEXT GENERAL ELECTION HELD
   11  AT LEAST NINETY DAYS AFTER SUCH MEASURE IS SUBMITTED.  MEASURES  PROPOS-
   12  ING  AMENDMENTS TO THE CONSTITUTION SHALL BE PLACED ON THE BALLOT BY THE
   13  STATE BOARD OF ELECTIONS AT THE NEXT GENERAL ELECTION IN WHICH THERE ARE
   14  CANDIDATES FOR THE OFFICE OF MEMBER OF THE SENATE OR  ASSEMBLY  HELD  AT
   15  LEAST  NINETY  DAYS AFTER THE MEASURE IS SUBMITTED TO THE STATE BOARD OF
   16  ELECTIONS AND AT THE NEXT SUCH GENERAL ELECTION.
   17    S 6. A. PRIOR TO THE CIRCULATION OF AN INITIATIVE OR REFERENDUM  PETI-
   18  TION  FOR  SIGNATURES, A COPY SHALL BE SUBMITTED TO THE ATTORNEY GENERAL
   19  OF THE STATE OF NEW YORK WHO SHALL PREPARE A TITLE AND SUMMARY,  NOT  TO
   20  EXCEED  ONE HUNDRED WORDS, WHICH SHALL APPEAR ON THE PETITION AND ON THE
   21  BALLOT FOR EACH INITIATIVE OR REFERENDUM AND WHICH SHALL GIVE  NO  INDI-
   22  CATION  OF  SUPPORT  OR  OPPOSITION  TO SUCH MEASURE, WITHIN TWENTY DAYS
   23  AFTER SUCH MEASURE IS SUBMITTED TO HIM OR HER.
   24    B. A COPY OF SUCH INITIATIVE OR  REFERENDUM  PETITION  SHALL  ALSO  BE
   25  SUBMITTED  TO THE NEW YORK STATE LEGISLATIVE BILL DRAFTING COMMISSION OR
   26  ITS SUCCESSOR PRIOR TO CIRCULATION FOR SIGNATURES. SUCH COMMISSION SHALL
   27  RENDER TECHNICAL COMMENTS ON THE FORM OF THE PROPOSED MEASURE,  WITH  NO
   28  INDICATION  OF  SUPPORT OR OPPOSITION, TO THE PROPONENTS OF SUCH MEASURE
   29  WITHIN TWENTY DAYS OF SUBMISSION.
   30    C. NO ACTION OR INACTION BY THE ATTORNEY GENERAL OR THE FAILURE OF THE
   31  LEGISLATIVE  BILL  DRAFTING  COMMISSION  OR  ITS  SUCCESSOR  TO  PROVIDE
   32  COMMENTS  WITH  RESPECT  TO  AN INITIATIVE OR REFERENDUM PETITION, OR TO
   33  TIMELY DO SO, SHALL AFFECT THE VALIDITY OF SUCH INITIATIVE OR REFERENDUM
   34  PETITION OR THE ACTION OF THE ELECTORS THEREON.
   35    D. ANY ACTION OR PROCEEDING IN WHICH ANY QUESTION  ARISES  AS  TO  THE
   36  VALIDITY  OF  AN INITIATIVE OR REFERENDUM MEASURE, WHETHER AN INITIATIVE
   37  OR REFERENDUM MEASURE SHOULD APPEAR ON THE BALLOT  OR  WHICH  CHALLENGES
   38  THE  TITLE  AND SUMMARY OF SUCH MEASURE PREPARED BY THE ATTORNEY GENERAL
   39  AS FAILING TO ACCURATELY DESCRIBE SUCH MEASURE, SHALL BE  HEARD  IN  THE
   40  SUPREME COURT OF THE STATE AND PREFERRED  OVER ALL OTHER CIVIL CAUSES IN
   41  ALL  COURTS OF THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE
   42  TO ALL OTHER CIVIL BUSINESS PENDING THEREIN.   NO ACTION  OR  PROCEEDING
   43  CHALLENGING  WHETHER  AN  INITIATIVE OR REFERENDUM MEASURE MAY APPEAR ON
   44  THE BALLOT OR WHICH CHALLENGES ANY ACTION OR INACTION  BY  THE  ATTORNEY
   45  GENERAL  RESPECTING  THE TITLE OR SUMMARY OF SUCH MEASURE MAY BE BROUGHT
   46  MORE THAN FOURTEEN DAYS AFTER ACTION BY THE ATTORNEY GENERAL PURSUANT TO
   47  SUBDIVISION A OF THIS SECTION OR, IF THE ATTORNEY GENERAL FAILS TO  ACT,
   48  THEN  NO  LATER  THAN  FOURTEEN  DAYS AFTER THE DEADLINE FOR SUCH ACTION
   49  PURSUANT TO SUCH SUBDIVISION A.
   50    S 7. EXCEPT TO THE EXTENT REQUIRED BY SECTION EIGHT OF THIS ARTICLE, A
   51  MAXIMUM OF FOUR DISCRETE INITIATIVE MEASURES, OR FOUR DISCRETE  REFEREN-
   52  DUM  MEASURES,  OR  ANY  COMBINATION  OF DISCRETE INITIATIVE MEASURES OR
   53  REFERENDUM MEASURES NOT TO EXCEED A TOTAL OF FOUR MAY  BE  SUBMITTED  TO
   54  THE  ELECTORS  AT  ANY  ONE GENERAL ELECTION. IF MORE THAN FOUR MEASURES
   55  QUALIFY, THOSE INITIATIVE MEASURES AND REFERENDA MEASURES  SUBMITTED  TO
       A. 4978                             5

    1  THE  STATE  BOARD  OF  ELECTIONS EARLIEST IN TIME SHALL BE PLACED ON THE
    2  BALLOT.
    3    S  8.  ANY  INITIATIVE OR REFERENDUM NOT PLACED ON A BALLOT BECAUSE OF
    4  THE PROVISIONS OF SECTION SEVEN OF THIS ARTICLE SHALL  AUTOMATICALLY  BE
    5  PLACED  ON THE BALLOT FOR THE NEXT GENERAL ELECTION, NOTWITHSTANDING THE
    6  PROVISIONS OF SECTION SEVEN OF THIS ARTICLE.
    7    S 9. A. TO BE ENACTED, AN INITIATIVE OR REFERENDUM  MEASURE  PROPOSING
    8  OR REJECTING A STATUTE MUST BE APPROVED BY A MAJORITY OF THE ELECTORS OF
    9  THE  STATE VOTING ON THE MEASURE STATE-WIDE. AN INITIATIVE OR REFERENDUM
   10  MEASURE THAT HAS BEEN APPROVED SHALL TAKE EFFECT ON  THE  FIRST  DAY  OF
   11  JANUARY  OF  THE  YEAR  NEXT  SUCCEEDING  ITS PASSAGE UNLESS THE MEASURE
   12  EXPRESSLY PROVIDES OTHERWISE.  IF  A  REFERENDUM  PETITION  IS  APPROVED
   13  REPEALING A PART OF A STATUTE, THE REMAINDER OF THE STATUTE SHALL NOT BE
   14  DELAYED FROM GOING INTO EFFECT.
   15    B.  A MEASURE AMENDING THE CONSTITUTION MUST BE APPROVED BY A MAJORITY
   16  OF THE ELECTORS OF THE STATE VOTING ON THE  MEASURE  IN  TWO  SUCCESSIVE
   17  ELECTIONS IN WHICH THERE ARE CANDIDATES FOR STATE SENATE OR STATE ASSEM-
   18  BLY  ON  THE  BALLOT. SUCH MEASURE SHALL TAKE EFFECT ON THE FIRST DAY OF
   19  JANUARY OF THE YEAR NEXT SUCCEEDING ITS SECOND APPROVAL UNLESS THE MEAS-
   20  URE EXPRESSLY PROVIDES OTHERWISE.
   21    C. IF PROVISIONS OF TWO OR MORE MEASURES APPROVED AT THE SAME ELECTION
   22  CONFLICT, THOSE OF THE MEASURE RECEIVING THE HIGHEST NUMBER OF  AFFIRMA-
   23  TIVE VOTES SHALL PREVAIL.
   24    D.  A  REFERENDUM MEASURE REJECTING ALL OR PART OF A STATUTE CANNOT BE
   25  REPEALED, AMENDED OR OTHERWISE RECONSIDERED BY  THE  LEGISLATURE  FOR  A
   26  PERIOD  OF  TWO  YEARS.  A  MEASURE ADOPTED THROUGH INITIATIVE CANNOT BE
   27  REPEALED, AMENDED OR OTHERWISE RECONSIDERED BY  THE  LEGISLATURE  FOR  A
   28  PERIOD  OF  TWO YEARS. AFTER TWO YEARS NO LAW TO AMEND, REPEAL OR OTHER-
   29  WISE RECONSIDER A MEASURE ADOPTED BY INITIATIVE OR REFERENDUM SHALL TAKE
   30  EFFECT UNTIL IT SHALL, AT A GENERAL ELECTION, HAVE BEEN SUBMITTED TO THE
   31  PEOPLE, AND HAVE RECEIVED A MAJORITY OF  ALL  THE  VOTES  CAST  FOR  AND
   32  AGAINST  IT AT SUCH ELECTION, NOR SHALL IT BE SO SUBMITTED TO THE PEOPLE
   33  WITHIN THREE MONTHS AFTER ITS PASSAGE.
   34    E. ANY REFERENDUM OR INITIATIVE ADOPTED BY THE VOTERS MAY BE REPEALED,
   35  AMENDED, OR OTHERWISE RECONSIDERED BY THE PEOPLE AT ANY TIME THROUGH THE
   36  PROCESS ESTABLISHED BY THIS ARTICLE FOR INITIATIVE OR  REFERENDUM  MEAS-
   37  URES.
   38    S  10.  INITIATIVE AND REFERENDUM IN CITIES, TOWNS, VILLAGES AND COUN-
   39  TIES. A.  INITIATIVE AND REFERENDUM POWERS ARE RESERVED FOR EVERY  CITY,
   40  TOWN,  VILLAGE AND COUNTY IN THE STATE AS TO ALL LOCAL MATTERS THAT SUCH
   41  MUNICIPALITY IS OR SHALL BE EMPOWERED TO ACT PURSUANT TO ARTICLE  IX  OF
   42  THIS CONSTITUTION.
   43    B.  INITIATIVE  AND REFERENDUM IN CITIES, TOWNS, VILLAGES AND COUNTIES
   44  SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  ARTICLE;
   45  PROVIDED, HOWEVER, THAT:
   46    (I)  SIGNATURES  OF  REGISTERED ELECTORS OF SUCH MUNICIPALITY EQUAL IN
   47  NUMBER TO AT LEAST THIRTY THOUSAND OR FIVE PERCENT OF THE VOTES CAST  IN
   48  SUCH  CITY,  TOWN,  VILLAGE OR COUNTY FOR ALL CANDIDATES FOR GOVERNOR AT
   49  THE LAST GUBERNATORIAL ELECTION, WHICHEVER IS LESS, SHALL BE REQUIRED TO
   50  PROPOSE ANY MEASURE BY INITIATIVE AND REFERENDUM;
   51    (II) THE AFFIRMATIVE VOTE OF THE MAJORITY OF ELECTORS OF  THE  MUNICI-
   52  PALITY VOTING ON THE MEASURE SHALL BE REQUIRED TO ENACT SUCH MEASURE;
   53    (III)  PETITIONS  SHALL  BE SUBMITTED TO THE COUNTY BOARD OF ELECTIONS
   54  WHICH SHALL HAVE THE POWERS CONFERRED AND  THE  DUTIES  IMPOSED  ON  THE
   55  STATE BOARD OF ELECTIONS BY THIS ARTICLE; AND
       A. 4978                             6

    1    (IV)  THE  PROVISIONS  OF SUBDIVISION B OF SECTION SIX OF THIS ARTICLE
    2  SHALL NOT BE APPLICABLE.
    3    S  11. THIS ARTICLE OF THE CONSTITUTION SHALL BE IN ALL RESPECTS SELF-
    4  EXECUTING, EXCEPT THAT THE MANNER AND METHOD OF EXERCISING THE POWER  OF
    5  INITIATIVE  AND REFERENDUM MAY BE PRESCRIBED PURSUANT TO LAW, CONSISTENT
    6  WITH AND LIMITED BY THE PROVISIONS OF THIS ARTICLE.
    7    S 7. RESOLVED (if the Senate concur), That the foregoing amendments 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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