NY State Assembly Bill 2009-A11049

Assembly Bill A11049

2009-2010 Legislative Session

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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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2010	opinion referred to judiciary
May 13, 2010	to attorney-general for opinion
May 12, 2010	referred to judiciary

2009-A11049 (ACTIVE) - Details

See Senate Version of this Bill:: S6429
Current Committee:: Assembly Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 3 §§13, 14 & 16, Art 19 §1, Art 4 §7, ren Art 20 to be Art 21, add Art 20 §§1 - 11, Constn
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4978, S709
2013-2014: A9567, S4049
2015-2016: A4091, S879
2017-2018: A4826, S404
2019-2020: S70
2021-2022: S5864
2023-2024: S2290

2009-A11049 (ACTIVE) - Summary

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.

2009-A11049 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A11049

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.

BUDGET IMPLICATIONS:
None.

2009-A11049 (ACTIVE) - Bill Text download pdf

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

                                  11049

                          I N  A S S E M B L Y

                              May 12, 2010
                               ___________

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD89168-01-0

A. 11049                            2

upon other provisions of the constitution. Upon receiving such  opinion,
if the amendment or amendments as proposed or as amended shall be agreed
to  by a majority of the members elected to each of the two houses, such
proposed amendment or amendments shall be entered on their journals, and
the ayes and noes taken thereon, and referred to the next regular legis-
lative  session  convening  after  the  succeeding  general  election of
members of the assembly, and shall be published for three months  previ-
ous  to  the  time  of  making  such  choice; and if in such legislative
session, such proposed amendment or amendments shall be agreed to  by  a
majority  of all the members elected to each house, then it shall be the
duty of the legislature to submit each proposed amendment or  amendments
to  the  people  for  approval  in  such manner and at such times as the
legislature shall prescribe; and if the people shall approve and  ratify
such amendment or amendments by a majority of the electors voting there-
on, such amendment or amendments shall become a part of the constitution
on the first day of January next after such approval.  Neither the fail-
ure  of  the  attorney-general  to  render  an opinion concerning such a
proposed amendment nor his or her failure to do so timely  shall  affect
[th] THE validity of such proposed amendment or legislative action ther-
eon.
  B.  THIS SECTION SHALL NOT APPLY TO AN AMENDMENT BY INITIATIVE SUBJECT
TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
  S 4. Resolved (if the Senate concur), That section 16 of article 3  of
the constitution be amended to read as follows:
  S  16. A. No act shall be passed which shall provide that any existing
law, or any part thereof, shall be made or deemed a part of said act, or
which shall enact that any existing  law,  or  part  thereof,  shall  be
applicable, except by inserting it in such act.
  B.  THIS  SECTION  SHALL  NOT  APPLY  TO  ANY INITIATIVE OR REFERENDUM
SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
  S 5. Resolved (if the Senate concur), That section 7 of article  4  of
the constitution be amended to read as follows:
  S  7.  A.  Every  bill which shall have passed the senate and assembly
shall, before it becomes a law, be presented to  the  governor;  if  the
governor  approve,  he or she shall sign it; but if not, he or she shall
return it with his or her objections to the house in which it shall have
originated, which shall enter the objections at large  on  the  journal,
and  proceed to reconsider it. If after such reconsideration, two-thirds
of the members elected to that house shall agree to pass  the  bill,  it
shall be sent together with the objections, to the other house, by which
it  shall likewise be reconsidered; and if approved by two-thirds of the
members elected to that house, it shall become a law notwithstanding the
objections of the governor. In all such cases the votes in  both  houses
shall  be  determined  by  yeas  and  nays, and the names of the members
voting shall be entered on the journal of each  house  respectively.  If
any  bill shall not be returned by the governor within ten days (Sundays
excepted) after it shall have been presented to him  or  her,  the  same
shall  be a law in like manner as if he or she had signed it, unless the
legislature shall, by their adjournment, prevent its  return,  in  which
case  it shall not become a law without the approval of the governor. No
bill shall become a law after the final adjournment of the  legislature,
unless  approved  by the governor within thirty days after such adjourn-
ment. If any bill presented to the governor  contain  several  items  of
appropriation  of  money, the governor may object to one or more of such
items while approving of the other portion of the bill. In such case the
governor shall append to the bill, at the time of signing it,  a  state-

A. 11049                            3

ment  of  the items to which he or she objects; and the appropriation so
objected to shall not take effect. If the legislature be in session,  he
or  she  shall transmit to the house in which the bill originated a copy
of  such statement, and the items objected to shall be separately recon-
sidered. If on reconsideration one or more of such items be approved  by
two-thirds  of the members elected to each house, the same shall be part
of the law, notwithstanding the objections  of  the  governor.  All  the
provisions  of  this  section,  in relation to bills not approved by the
governor, shall apply in  cases  in  which  he  or  she  shall  withhold
approval from any item or items contained in a bill appropriating money.
  B.  THIS  SECTION SHALL NOT APPLY TO ANY INITIATIVE OR REFERENDUM THAT
IS SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY OF THIS CONSTITUTION.
  S 6. Resolved (if the Senate concur), That article 20 of the constitu-
tion be renumbered article 21 and a new article 20 be added to  read  as
follows:
                               ARTICLE XX
                        INITIATIVE AND REFERENDUM

  SECTION  1.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CONSTITUTION,
THE PEOPLE RESERVE TO THEMSELVES  THE  POWER  TO  PROPOSE  LAWS  AND  TO
PROPOSE AMENDMENTS TO THE CONSTITUTION, AND TO ADOPT OR REJECT THE SAME,
AT  THE  POLLS,  INDEPENDENT  OF  THE  LEGISLATURE, AND ALSO RESERVE THE
POWER, AT THEIR OWN OPTION, TO SO ADOPT OR REJECT ANY ACT, OR SECTION OR
PART OF ANY ACT, PASSED BY THE LEGISLATURE.
  S 2. AS USED IN THIS ARTICLE: A. INITIATIVE IS THE POWER OF THE  ELEC-
TORS  TO PROPOSE AMENDMENTS TO THE CONSTITUTION AND TO PROPOSE STATUTES;
AND
  B. REFERENDUM IS THE POWER OF THE ELECTORS TO APPROVE OR REJECT  STAT-
UTES OR PARTS OF STATUTES.
  S  3. INITIATIVE MAY BE USED FOR ANY MEASURE EMBRACING A SINGLE OBJECT
OR PURPOSE, EXCEPT THE  FOLLOWING:    CALLING  ELECTIONS;  APPROPRIATING
FUNDS,  EXCEPT FOR AN INITIATIVE PROPOSING AN APPROPRIATION FOR A SINGLE
OBJECT OR PURPOSE; NAMING ANY INDIVIDUALS TO HOLD ANY OFFICE; OR  NAMING
OR  IDENTIFYING  ANY  PRIVATE  CORPORATION  OR  OTHER  PRIVATE ENTITY TO
PERFORM ANY FUNCTION OR TO HAVE ANY POWER OR DUTY. SUCH MEASURES MAY NOT
BE SUBMITTED TO THE ELECTORS AND SHALL NOT HAVE THE FORCE AND EFFECT  OF
LAW.
  S 4. AN INITIATIVE OR REFERENDUM MEASURE MAY BE PROPOSED BY PRESENTING
TO  THE  STATE BOARD OF ELECTIONS A PETITION THAT SETS FORTH THE TEXT OF
THE PROPOSED STATUTE, CONSTITUTIONAL AMENDMENT OR  REFERENDUM  AND  THAT
HAS  BEEN SIGNED BY ELECTORS EQUAL IN NUMBER TO AT LEAST FIVE PERCENT OF
THE VOTES CAST FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST GUBERNATORIAL
ELECTION. SUCH SIGNATURES MUST INCLUDE AT LEAST FIVE THOUSAND SIGNATURES
FROM EACH OF AT LEAST THREE-FIFTHS OF THE CONGRESSIONAL DISTRICTS OF THE
STATE.
  S 5. A. PETITIONS FOR AN INITIATIVE OR REFERENDUM MEASURE SHALL BE  IN
SUBSTANTIALLY  THE SAME FORM AS PRESCRIBED BY THE ELECTION LAW FOR INDE-
PENDENT NOMINATING PETITIONS, AND SHALL BE CIRCULATED AND  PRESENTED  IN
THE  MANNER PRESCRIBED BY SUCH LAW, EXCEPT THAT THE PETITION SHALL STATE
THAT THE REGISTERED VOTER DESIRES TO HAVE  THE  SPECIFIC  INITIATIVE  OR
REFERENDUM  QUESTION  NOTED ON THE PETITION PLACED ON THE BALLOT INSTEAD
OF A CANDIDATE.
  B. PETITIONS SHALL BE SUBMITTED TO THE STATE  BOARD  OF  ELECTIONS.  A
SIGNATURE  MADE EARLIER THAN ONE YEAR PRIOR TO THE NEXT GENERAL ELECTION
SHALL NOT BE COUNTED. CHALLENGES TO SUCH PETITIONS SHALL BE RESOLVED  BY
THE STATE BOARD OF ELECTIONS, SUBJECT TO JUDICIAL REVIEW AS PROVIDED FOR

A. 11049                            4

BY  LAW.  NO  CHALLENGE TO AN INITIATIVE OR REFERENDUM MAY BE FILED MORE
THAN TEN DAYS AFTER SUBMISSION  OF  PETITIONS  TO  THE  STATE  BOARD  OF
ELECTIONS, AND ANY SUCH CHALLENGE SHALL BE FINALLY RESOLVED BY THE STATE
BOARD OF ELECTIONS WITHIN TEN DAYS OF ITS FILING.
  C.  MEASURES  PROPOSING  OR  REJECTING STATUTES SHALL BE PLACED ON THE
BALLOT BY THE STATE BOARD OF ELECTIONS AT THE NEXT GENERAL ELECTION HELD
AT LEAST NINETY DAYS AFTER SUCH MEASURE IS SUBMITTED.  MEASURES  PROPOS-
ING  AMENDMENTS TO THE CONSTITUTION SHALL BE PLACED ON THE BALLOT BY THE
STATE BOARD OF ELECTIONS AT THE NEXT GENERAL ELECTION IN WHICH THERE ARE
CANDIDATES FOR THE OFFICE OF MEMBER OF THE SENATE OR  ASSEMBLY  HELD  AT
LEAST  NINETY  DAYS AFTER THE MEASURE IS SUBMITTED TO THE STATE BOARD OF
ELECTIONS AND AT THE NEXT SUCH GENERAL ELECTION.
  S 6. A. PRIOR TO THE CIRCULATION OF AN INITIATIVE OR REFERENDUM  PETI-
TION  FOR  SIGNATURES, A COPY SHALL BE SUBMITTED TO THE ATTORNEY GENERAL
OF THE STATE OF NEW YORK WHO SHALL PREPARE A TITLE AND SUMMARY,  NOT  TO
EXCEED  ONE HUNDRED WORDS, WHICH SHALL APPEAR ON THE PETITION AND ON THE
BALLOT FOR EACH INITIATIVE OR REFERENDUM AND WHICH SHALL GIVE  NO  INDI-
CATION  OF  SUPPORT  OR  OPPOSITION  TO SUCH MEASURE, WITHIN TWENTY DAYS
AFTER SUCH MEASURE IS SUBMITTED TO HIM OR HER.
  B. A COPY OF SUCH INITIATIVE OR  REFERENDUM  PETITION  SHALL  ALSO  BE
SUBMITTED  TO THE NEW YORK STATE LEGISLATIVE BILL DRAFTING COMMISSION OR
ITS SUCCESSOR PRIOR TO CIRCULATION FOR SIGNATURES. SUCH COMMISSION SHALL
RENDER TECHNICAL COMMENTS ON THE FORM OF THE PROPOSED MEASURE,  WITH  NO
INDICATION  OF  SUPPORT OR OPPOSITION, TO THE PROPONENTS OF SUCH MEASURE
WITHIN TWENTY DAYS OF SUBMISSION.
  C. NO ACTION OR INACTION BY THE ATTORNEY GENERAL OR THE FAILURE OF THE
LEGISLATIVE  BILL  DRAFTING  COMMISSION  OR  ITS  SUCCESSOR  TO  PROVIDE
COMMENTS  WITH  RESPECT  TO  AN INITIATIVE OR REFERENDUM PETITION, OR TO
TIMELY DO SO, SHALL AFFECT THE VALIDITY OF SUCH INITIATIVE OR REFERENDUM
PETITION OR THE ACTION OF THE ELECTORS THEREON.
  D. ANY ACTION OR PROCEEDING IN WHICH ANY QUESTION  ARISES  AS  TO  THE
VALIDITY  OF  AN INITIATIVE OR REFERENDUM MEASURE, WHETHER AN INITIATIVE
OR REFERENDUM MEASURE SHOULD APPEAR ON THE BALLOT  OR  WHICH  CHALLENGES
THE  TITLE  AND SUMMARY OF SUCH MEASURE PREPARED BY THE ATTORNEY GENERAL
AS FAILING TO ACCURATELY DESCRIBE SUCH MEASURE, SHALL BE  HEARD  IN  THE
SUPREME COURT OF THE STATE AND PREFERRED  OVER ALL OTHER CIVIL CAUSES IN
ALL  COURTS OF THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE
TO ALL OTHER CIVIL BUSINESS PENDING THEREIN.   NO ACTION  OR  PROCEEDING
CHALLENGING  WHETHER  AN  INITIATIVE OR REFERENDUM MEASURE MAY APPEAR ON
THE BALLOT OR WHICH CHALLENGES ANY ACTION OR INACTION  BY  THE  ATTORNEY
GENERAL  RESPECTING  THE TITLE OR SUMMARY OF SUCH MEASURE MAY BE BROUGHT
MORE THAN FOURTEEN DAYS AFTER ACTION BY THE ATTORNEY GENERAL PURSUANT TO
SUBDIVISION A OF THIS SECTION OR, IF THE ATTORNEY GENERAL FAILS TO  ACT,
THEN  NO  LATER  THAN  FOURTEEN  DAYS AFTER THE DEADLINE FOR SUCH ACTION
PURSUANT TO SUCH SUBDIVISION A.
  S 7. EXCEPT TO THE EXTENT REQUIRED BY SECTION EIGHT OF THIS ARTICLE, A
MAXIMUM OF FOUR DISCRETE INITIATIVE MEASURES, OR FOUR DISCRETE  REFEREN-
DUM  MEASURES,  OR  ANY  COMBINATION  OF DISCRETE INITIATIVE MEASURES OR
REFERENDUM MEASURES NOT TO EXCEED A TOTAL OF FOUR MAY  BE  SUBMITTED  TO
THE  ELECTORS  AT  ANY  ONE GENERAL ELECTION. IF MORE THAN FOUR MEASURES
QUALIFY, THOSE INITIATIVE MEASURES AND REFERENDA MEASURES  SUBMITTED  TO
THE  STATE  BOARD  OF  ELECTIONS EARLIEST IN TIME SHALL BE PLACED ON THE
BALLOT.
  S 8. ANY INITIATIVE OR REFERENDUM NOT PLACED ON A  BALLOT  BECAUSE  OF
THE  PROVISIONS  OF SECTION SEVEN OF THIS ARTICLE SHALL AUTOMATICALLY BE

A. 11049                            5

PLACED ON THE BALLOT FOR THE NEXT GENERAL ELECTION, NOTWITHSTANDING  THE
PROVISIONS OF SECTION SEVEN OF THIS ARTICLE.
  S  9.  A. TO BE ENACTED, AN INITIATIVE OR REFERENDUM MEASURE PROPOSING
OR REJECTING A STATUTE MUST BE APPROVED BY A MAJORITY OF THE ELECTORS OF
THE STATE VOTING ON THE MEASURE STATE-WIDE. AN INITIATIVE OR  REFERENDUM
MEASURE  THAT  HAS  BEEN  APPROVED SHALL TAKE EFFECT ON THE FIRST DAY OF
JANUARY OF THE YEAR NEXT  SUCCEEDING  ITS  PASSAGE  UNLESS  THE  MEASURE
EXPRESSLY  PROVIDES  OTHERWISE.  IF  A  REFERENDUM  PETITION IS APPROVED
REPEALING A PART OF A STATUTE, THE REMAINDER OF THE STATUTE SHALL NOT BE
DELAYED FROM GOING INTO EFFECT.
  B. A MEASURE AMENDING THE CONSTITUTION MUST BE APPROVED BY A  MAJORITY
OF  THE  ELECTORS  OF  THE STATE VOTING ON THE MEASURE IN TWO SUCCESSIVE
ELECTIONS IN WHICH THERE ARE CANDIDATES FOR STATE SENATE OR STATE ASSEM-
BLY ON THE BALLOT. SUCH MEASURE SHALL TAKE EFFECT ON THE  FIRST  DAY  OF
JANUARY OF THE YEAR NEXT SUCCEEDING ITS SECOND APPROVAL UNLESS THE MEAS-
URE EXPRESSLY PROVIDES OTHERWISE.
  C. IF PROVISIONS OF TWO OR MORE MEASURES APPROVED AT THE SAME ELECTION
CONFLICT,  THOSE OF THE MEASURE RECEIVING THE HIGHEST NUMBER OF AFFIRMA-
TIVE VOTES SHALL PREVAIL.
  D. A REFERENDUM MEASURE REJECTING ALL OR PART OF A STATUTE  CANNOT  BE
REPEALED,  AMENDED  OR  OTHERWISE  RECONSIDERED BY THE LEGISLATURE FOR A
PERIOD OF TWO YEARS. A MEASURE  ADOPTED  THROUGH  INITIATIVE  CANNOT  BE
REPEALED,  AMENDED  OR  OTHERWISE  RECONSIDERED BY THE LEGISLATURE FOR A
PERIOD OF TWO YEARS. AFTER TWO YEARS NO LAW TO AMEND, REPEAL  OR  OTHER-
WISE RECONSIDER A MEASURE ADOPTED BY INITIATIVE OR REFERENDUM SHALL TAKE
EFFECT UNTIL IT SHALL, AT A GENERAL ELECTION, HAVE BEEN SUBMITTED TO THE
PEOPLE,  AND  HAVE  RECEIVED  A  MAJORITY  OF ALL THE VOTES CAST FOR AND
AGAINST IT AT SUCH ELECTION, NOR SHALL IT BE SO SUBMITTED TO THE  PEOPLE
WITHIN THREE MONTHS AFTER ITS PASSAGE.
  E. ANY REFERENDUM OR INITIATIVE ADOPTED BY THE VOTERS MAY BE REPEALED,
AMENDED, OR OTHERWISE RECONSIDERED BY THE PEOPLE AT ANY TIME THROUGH THE
PROCESS  ESTABLISHED  BY THIS ARTICLE FOR INITIATIVE OR REFERENDUM MEAS-
URES.
  S 10. INITIATIVE AND REFERENDUM IN CITIES, TOWNS, VILLAGES  AND  COUN-
TIES.  A.  INITIATIVE AND REFERENDUM POWERS ARE RESERVED FOR EVERY CITY,
TOWN, VILLAGE AND COUNTY IN THE STATE AS TO ALL LOCAL MATTERS THAT  SUCH
MUNICIPALITY  IS  OR SHALL BE EMPOWERED TO ACT PURSUANT TO ARTICLE IX OF
THIS CONSTITUTION.
  B. INITIATIVE AND REFERENDUM IN CITIES, TOWNS, VILLAGES  AND  COUNTIES
SHALL  BE  CONDUCTED  IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
PROVIDED, HOWEVER, THAT:
  (I) SIGNATURES OF REGISTERED ELECTORS OF SUCH  MUNICIPALITY  EQUAL  IN
NUMBER  TO AT LEAST THIRTY THOUSAND OR FIVE PERCENT OF THE VOTES CAST IN
SUCH CITY, TOWN, VILLAGE OR COUNTY FOR ALL CANDIDATES  FOR  GOVERNOR  AT
THE LAST GUBERNATORIAL ELECTION, WHICHEVER IS LESS, SHALL BE REQUIRED TO
PROPOSE ANY MEASURE BY INITIATIVE AND REFERENDUM;
  (II)  THE  AFFIRMATIVE VOTE OF THE MAJORITY OF ELECTORS OF THE MUNICI-
PALITY VOTING ON THE MEASURE SHALL BE REQUIRED TO ENACT SUCH MEASURE;
  (III) PETITIONS SHALL BE SUBMITTED TO THE COUNTY  BOARD  OF  ELECTIONS
WHICH  SHALL  HAVE  THE  POWERS  CONFERRED AND THE DUTIES IMPOSED ON THE
STATE BOARD OF ELECTIONS BY THIS ARTICLE; AND
  (IV) THE PROVISIONS OF SUBDIVISION B OF SECTION SIX  OF  THIS  ARTICLE
SHALL NOT BE APPLICABLE.
  S  11. THIS ARTICLE OF THE CONSTITUTION SHALL BE IN ALL RESPECTS SELF-
EXECUTING, EXCEPT THAT THE MANNER AND METHOD OF EXERCISING THE POWER  OF

A. 11049                            6

INITIATIVE  AND REFERENDUM MAY BE PRESCRIBED PURSUANT TO LAW, CONSISTENT
WITH AND LIMITED BY THE PROVISIONS OF THIS ARTICLE.
  S 7. Resolved (if the Senate concur), That the foregoing amendments be
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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