NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1557
SPONSOR: Kolb (MS) TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to the constitution, in relation to providing for
initiative and referendum petitions for electors
PURPOSE OR GENERAL IDEA OF BILL: To establish an initiative and refer-
endum process so that voters are able to bring issues to the state
legislature for consideration.
SUMMARY OF SPECIFIC PROVISIONS: Article 20 of the constitution is
renumbered article 21 and a new article 20 is added to authorize the
initiative and referendum process. An initiative is defined as the power
of the electors to propose amendments to the constitution and to adopt
or reject them. A referendum is defined as the power of the electors to
approve or reject certain laws or parts of laws passed by the legisla-
ture.
An initiative or referendum proposal can be brought to the attorney
general's attention with the signature of 250 voters. The attorney
general is authorized to prepare the petition to comply with technical
requirements. The petition is then circulated for signature by 6% of
electors who voted for governor in the last gubernatorial election if
the proposal amends a statute. If the proposal amends the constitution
8% of such electors are required. The proposal is then submitted to the
legislature for consideration. If not passed within 6 months after
receipt from the Secretary of State, the measure shall be submitted to
the voters at the next general election, provided a subsequent petition
is circulated and receives the requisite number of signatures.
JUSTIFICATION: Recent surveys have indicated that New Yorkers would
like a greater level of involvement in pursuing issues for legislative
passage. Over 26 states currently have some form of initiative and
referendum process which has proven successful in providing an alternate
means of addressing public opinion. This proposal ensures that voters
are able to voice their opinions in a more direct way, to make their
government more responsive.
PRIOR LEGISLATIVE HISTORY: A.6501 (2011-12), Held in Judiciary
Committee; A.6816 (2009-10), Opinion referred to Judiciary Committee;
A.5096 (2007-08), Held in Judiciary Committee; A.4749 (2005-06), Held in
Judiciary Committee; A.4117 (2003-04), Held in Judiciary Committee;
A.3956 (2001-02), Opinion referred to Judiciary Committee; A.5020
(1999-00), Held in Judiciary Committee; A.2385 (1997-98), Held in Judi-
ciary Committee;
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: After successive passage by the legislature and subse-
quent approval at general election.
