STATE OF NEW YORK
________________________________________________________________________
3088
2009-2010 Regular Sessions
IN ASSEMBLY
January 22, 2009
___________
Introduced by M. of A. SEMINERIO -- 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, indirect initiative and refer-
endum
1 Section 1. Resolved (if the Senate concur), That article 20 of the
2 constitution be renumbered to be article 21 and a new article 20 be
3 added to read as follows:
4 ARTICLE XX
5 INITIATIVE, INDIRECT INITIATIVE AND REFERENDUM
6 Section 1. a. The legislative powers of this state shall be vested in
7 the senate and assembly, but the people reserve to themselves the power
8 to propose laws and to propose amendments to the constitution, and to
9 adopt or reject the same at general elections or special statewide
10 elections called by the governor for those purposes as hereinafter
11 provided in this article.
12 b. This article confers on the qualified electors of this state the
13 power to propose laws and to propose amendments to the constitution and
14 it is not the intendment of this article to in any manner affect the
15 provisions of article nineteen of this constitution.
16 § 2. a. An initiative is the power of the electors to propose amend-
17 ments to the constitution and to propose laws and to adopt or reject
18 them.
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 a proposed amend-
21 ment to the constitution and is certified to have been signed by elec-
22 tors equal in number to nine per centum of the number of votes cast for
23 all candidates for governor at the last gubernatorial election.
24 c. (1) An initiative measure may be proposed by presenting to the
25 secretary of state a petition that sets forth the text of a proposed law
26 and is certified to have been signed by electors equal in number to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89063-01-9
A. 3088 2
1 seven per centum of the number of votes cast for all candidates for
2 governor at the last gubernatorial election.
3 (2) The enacting clause of any initiative measure proposing a law
4 shall state "The People of the State of New York do enact as follows"
5 notwithstanding the provisions of section thirteen of article three of
6 this constitution.
7 (3) The provisions of section sixteen of article three of this consti-
8 tution shall not apply to any proposed law submitted to the secretary of
9 state pursuant to initiative and if adopted by the electors it shall
10 become effective notwithstanding the provisions of section sixteen of
11 article three of this constitution.
12 d. No "private or local" law may be initiated by the electors as that
13 term is set forth in and construed pursuant to the provisions of section
14 fifteen of article three of this constitution.
15 e. The secretary of state shall then submit the measures at the next
16 general election held at least ninety days after it qualifies or at any
17 special election held prior to that general election. Notwithstanding
18 any constitutional or statutory limitation to the contrary, the governor
19 may call a special statewide election for any one or more of such meas-
20 ures.
21 f. Any initiative measure embracing more than one subject may not be
22 submitted to the electors or have any effect except that any number of
23 discrete initiative measures may be submitted to the electors at any
24 general election or any special statewide election called by the gover-
25 nor.
26 g. (1) An initiative measure approved by a majority of the votes ther-
27 eon takes effect five days after the date of the official declaration of
28 the votes by the secretary of state unless the measure provides other-
29 wise.
30 (2) If provisions of two or more measures approved at the same
31 election conflict, those of the measure receiving the highest affirma-
32 tive vote shall prevail.
33 (3) The legislature shall provide the manner in which petitions shall
34 be circulated, presented, and certified, and measures submitted to the
35 electors.
36 h. Initiative powers may be exercised by the electors of each munici-
37 pality to propose any local law or ordinance concerning the affairs of
38 such municipality pursuant to procedures which the legislature of this
39 state shall enact.
40 i. No amendment to the constitution and no law proposed to the elec-
41 tors by initiative shall name any individual to hold any office or name
42 or identify any private corporation or other entity to perform any
43 proprietary or governmental function of this state or any of its local
44 governments.
45 § 3. a. Indirect initiative is the power of the electors to present
46 proposed laws to the legislature for its action on such proposed laws
47 and is, in the event of the legislature's failure to pass such proposed
48 laws in the form presented, the power of the electors to adopt or reject
49 the same.
50 b. An indirect initiative measure may be proposed by presenting to the
51 secretary of state, not less than ten days prior to the commencement of
52 any session of the legislature, a petition that sets forth the text of a
53 proposed law and is certified to have been signed by electors equal in
54 number to three per centum of the number of votes cast for all candi-
55 dates for governor at the last gubernatorial election.
A. 3088 3
1 c. The enacting clause of an indirect initiative measure proposing a
2 law shall state "The People of the State of New York do enact as
3 follows", notwithstanding the provisions of section thirteen of article
4 three of this constitution.
5 d. No "private or local" law may be indirectly initiated pursuant to
6 this section as that term is set forth in and construed pursuant to
7 section fifteen of article three of this constitution.
8 e. The secretary of state shall transmit the same to the legislature
9 within five days after the legislature shall assemble as provided in
10 section four of article thirteen of this constitution, Saturdays and
11 Sundays excepted. If said proposed law shall be passed by the legisla-
12 ture as petitioned, it shall become law and be effective immediately
13 unless otherwise provided by an effective date contained therein. If
14 said proposed law shall not be passed, or if passed in an amended form
15 or if no action shall be taken thereon within four months from the time
16 it is received by the legislature, it shall be submitted by the secre-
17 tary of state to the electors for their approval or rejection at the
18 next regular or general election held at least thirty-one days after it
19 qualifies, if such submission shall be demanded by a supplementary peti-
20 tion certified to have been signed by electors in equal number to two
21 per centum of the number of votes cast for all candidates for governor
22 at the last gubernatorial election and filed with the secretary of state
23 within ninety days after such proposed law shall have been rejected or
24 passed in an amended form by the legislature or after the expiration of
25 such term of four months, if no action has been taken thereon. No elec-
26 tor shall be disqualified from signing such supplementary petition by
27 reason of having first signed the petition provided in subdivision b of
28 this section.
29 f. Such supplementary petition shall either set forth the text of the
30 proposed law as first set forth pursuant to subdivision b of this
31 section or set forth the text of such proposed statute as amended and
32 passed by the legislature, pursuant to subdivision e of this section and
33 shall conform to the provisions of subdivision c of this section.
34 g. Notwithstanding the provisions of subdivision e of this section or
35 other provision of this constitution to the contrary, the governor may
36 call a special election for the submission of such proposed statute
37 before the next regular or general election if a supplementary petition
38 has otherwise been duly filed and submitted to the secretary of state
39 pursuant to provisions of this section.
40 h. An indirect initiative measure approved by a majority of the votes
41 thereon takes effect five days after the date of the official declara-
42 tion of the votes by the secretary of state unless the measure provides
43 otherwise.
44 i. The legislature shall provide the manner in which such petitions
45 and supplementary petitions shall be circulated, presented and certi-
46 fied, and measures submitted to the electors.
47 § 4. a. A referendum is the power of the electors to approve or reject
48 laws or parts of laws except laws calling elections and laws providing
49 for tax levies or appropriations necessary for meeting the usual current
50 expenses of the state; provided, however, the exception contained in
51 this subdivision shall not be interpreted or held to restrict any powers
52 granted to the electors in section two or three of this article.
53 b. A referendum measure may be proposed by presenting to the secretary
54 of state within ninety days after adjournment of the regular session at
55 which the law was passed or within ninety days after adjournment of a
56 special or extraordinary session of the legislature at which the law was
A. 3088 4
1 passed, a petition certified to have been signed by electors equal in
2 number to five per centum of the votes cast for all candidates for
3 governor at the last gubernatorial election requiring that such law be
4 submitted to the electors as herein provided.
5 c. The secretary of state shall then submit the measures at the next
6 general election held at least thirty-one days after it qualifies or at
7 a special statewide election held prior to that general election.
8 Notwithstanding any constitutional or statutory limitation to the
9 contrary, the governor may call a special statewide election for any one
10 or more of such measures.
11 d. (1) A referendum measure approved by a majority of the votes ther-
12 eon takes effect five days after the date of the official declaration of
13 the votes by the secretary of state unless the measure provides other-
14 wise.
15 (2) If provisions of two or more measures approved at the same
16 election conflict, those of the measure receiving the highest affirma-
17 tive vote shall prevail.
18 (3) The legislature shall provide the manner in which petitions shall
19 be circulated, presented, and certified, and measures submitted to the
20 electors.
21 e. Referendum powers may be exercised by the electors of each munici-
22 pality to approve or reject any local law or ordinance concerning the
23 affairs of such municipality pursuant to procedures which the legisla-
24 ture of this state shall enact; except a local law or ordinance calling
25 an election or a local law or ordinance providing for tax levies or
26 appropriations necessary for meeting the usual current expenses of such
27 municipality; provided, however, the exception contained in this subdi-
28 vision shall not be interpreted or held to restrict any powers granted
29 to the electors in section two or three of this article.
30 § 5. The failure of the legislature to provide the manner in which
31 petitions for initiative, indirect initiative or referendum petitions
32 shall be circulated, presented, certified and such proposed measures
33 submitted to the electors shall not preclude the electors from circulat-
34 ing such petitions and shall not preclude the secretary of state or the
35 attorney general from performing the duties enjoined upon them by this
36 article which shall be self-executing under such a circumstance.
37 § 6. Notwithstanding any contrary provisions of this article and upon
38 all initiative, indirect initiative, supplementary and referendum
39 petitions provided for in this article, it shall be additionally neces-
40 sary to file from each of one-half of the counties of the state, such
41 petitions bearing the signatures of not less than one-half of the desig-
42 nated percentage of the electors of such counties.
43 § 7. a. The provisions of section seven of article four of this
44 constitution shall not apply to any law enacted pursuant to any of the
45 provisions of this article.
46 b. Nothing contained in this article shall restrict the legislature
47 from acting upon any law that has been subjected to a referendum. The
48 legislature may not amend or repeal an initiative, including an indirect
49 initiative law, unless such law permits amendment or repeal subject to
50 the approval of the electors or without the approval of the electors.
51 § 8. a. The attorney general shall prepare the title and summary of
52 each initiative, indirect initiative or referendum within twenty days
53 after it is submitted to him or her and the failure of the attorney
54 general to prepare such title and summary of each initiative, indirect
55 initiative or referendum petition or to timely do so shall not affect
A. 3088 5
1 the validity of such initiative referendum or indirect initiative peti-
2 tion or the action of the electors thereon.
3 b. If the attorney general shall fail to prepare the title and summary
4 of each initiative, indirect initiative or referendum petition or to
5 timely do so, then such title and summary shall be prepared by the
6 secretary of state in time for submission of the same to the electors at
7 the next general election or special statewide election called by the
8 governor for such measure or measures.
9 § 2. Resolved (if the Senate concur), That the foregoing amendment be
10 referred to the first regular legislative session convening after the
11 next succeeding general election of members of the assembly, and, in
12 conformity with section 1 of article 19 of the constitution, be
13 published for three months previous to the time of such election.
