STATE OF NEW YORK
________________________________________________________________________
3756--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 27, 2015
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Introduced by M. of A. JOHNS, LAWRENCE, McLAUGHLIN, FINCH, DiPIETRO,
TEDISCO, TENNEY, RAIA -- Multi-Sponsored by -- M. of A. CERETTO,
HAWLEY, THIELE -- read once and referred to the Committee on Judiciary
-- recommitted to the Committee on Judiciary in accordance with Assem-
bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing the addition of a new article 20 to the constitution, in
relation to providing for initiative
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
6 Section 1. 1. The initiative is the power of the electors to propose
7 statutes and amendments to the constitution and to adopt or reject them.
8 2. An initiative measure may be proposed by presenting to the secre-
9 tary of state a petition that sets forth the text of the proposed stat-
10 ute or amendment to the constitution having statewide significance and
11 is certified to have been signed by fifty thousand electors, twenty-five
12 thousand of which shall be from electors residing outside of a city with
13 a population of one million or more.
14 3. The proposed statute or amendment to the constitution shall have
15 been previously introduced during a legislative session of the state.
16 4. The secretary of state shall then submit the measure at the next
17 general election held at least one hundred thirty-one days after it
18 qualifies or at any special statewide election held prior to that gener-
19 al election. The governor may call a special statewide election for the
20 measure.
21 5. An initiative measure embracing more than one subject may not be
22 submitted to the electors or have any effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89061-03-6
A. 3756--A 2
1 6. An initiative measure shall not include or exclude any political
2 subdivision of the state from the application or effect of its
3 provisions based upon approval or disapproval of the initiative measure,
4 or based upon the casting of a specified percentage of votes in favor of
5 the measure, by the electors of that political subdivision.
6 7. An initiative measure shall not contain alternative or cumulative
7 provisions wherein one or more of those provisions would become law
8 depending upon the casting of a specified percentage of votes for or
9 against the measure.
10 § 2. 1. An initiative statute approved by a majority of votes thereon
11 takes effect the day after the election unless the measure provides
12 otherwise.
13 2. If provisions of two or more measures approved at the same election
14 conflict, those of the measure receiving the highest affirmative vote
15 shall prevail.
16 3. The legislature may amend or repeal an initiative statute by anoth-
17 er statute that becomes effective only when approved by the electors
18 unless the initiative statute permits amendment or repeal without their
19 approval.
20 4. Prior to circulation of an initiative petition for signatures, a
21 copy shall be submitted to the attorney general who shall prepare a
22 legislative bill draft of the measure.
23 5. The legislature shall provide the manner in which petitions shall
24 be circulated, presented, and certified, and measures submitted to the
25 electors.
26 § 2. Resolved (if the Senate concur), That the foregoing amendment be
27 referred to the first regular legislative session convening after the
28 next succeeding general election of members of the assembly, and, in
29 conformity with section 1 of article 19 of the constitution, be
30 published for 3 months previous to the time of such election.
