S T A T E   O F   N E W   Y O R K
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                                  6815

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by M. of A. KOLB, RAIA, ERRIGO, SCOZZAFAVA, TOBACCO, CORWIN,
  CONTE, GIGLIO, P. LOPEZ, CALHOUN, WALKER -- Multi-Sponsored by  --  M.
  of  A.  HAWLEY,  SAYWARD,  TOWNSEND  --  read once and referred to the
  Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing the addition of a new  article  20  to  the  constitution,  in
  relation to providing for initiative and referendum and recall

  Section  1.  Resolved  (if  the Senate concur), That article 20 of the
constitution be renumbered article 21 and a new article 20 be  added  to
read as follows:
                               ARTICLE XX
                  INITIATIVE AND REFERENDUM AND RECALL
  SECTION  1.  1. THE INITIATIVE IS THE POWER OF THE ELECTORS TO PROPOSE
STATUTES AND AMENDMENTS TO THE CONSTITUTION AND TO ADOPT OR REJECT THEM.
  2. AN INITIATIVE MEASURE MAY BE PROPOSED BY PRESENTING TO  THE  SECRE-
TARY  OF STATE A PETITION THAT SETS FORTH THE TEXT OF THE PROPOSED STAT-
UTE OR AMENDMENT TO THE CONSTITUTION  AND  IS  CERTIFIED  TO  HAVE  BEEN
SIGNED  BY  ELECTORS  EQUAL  IN  NUMBER TO FIVE PERCENT IN THE CASE OF A
STATUTE, AND EIGHT PERCENT IN THE CASE OF AN AMENDMENT TO THE  CONSTITU-
TION,  OF THE VOTES FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST GUBERNA-
TORIAL ELECTION.
  3. THE SECRETARY OF STATE SHALL THEN SUBMIT THE MEASURE  AT  THE  NEXT
GENERAL  ELECTION  HELD  AT  LEAST  ONE HUNDRED THIRTY-ONE DAYS AFTER IT
QUALIFIES OR AT ANY SPECIAL STATEWIDE ELECTION HELD PRIOR TO THAT GENER-
AL ELECTION. THE GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR  THE
MEASURE.
  4.  AN  INITIATIVE  MEASURE EMBRACING MORE THAN ONE SUBJECT MAY NOT BE
SUBMITTED TO THE ELECTORS OR HAVE ANY EFFECT.
  5. AN INITIATIVE MEASURE SHALL NOT INCLUDE OR  EXCLUDE  ANY  POLITICAL
SUBDIVISION  OF  THE  STATE  FROM  THE  APPLICATION  OR  EFFECT  OF  ITS
PROVISIONS BASED UPON APPROVAL OR DISAPPROVAL OF THE INITIATIVE MEASURE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89118-01-9
              

A. 6815                             2

OR BASED UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES IN FAVOR OF
THE MEASURE, BY THE ELECTORS OF THAT POLITICAL SUBDIVISION.
  6.  AN  INITIATIVE MEASURE SHALL NOT CONTAIN ALTERNATIVE OR CUMULATIVE
PROVISIONS WHEREIN ONE OR MORE OF  THOSE  PROVISIONS  WOULD  BECOME  LAW
DEPENDING  UPON  THE  CASTING  OF A SPECIFIED PERCENTAGE OF VOTES FOR OR
AGAINST THE MEASURE.
  S 2. 1. THE REFERENDUM IS THE POWER OF  THE  ELECTORS  TO  APPROVE  OR
REJECT  STATUTES  OR PARTS OF STATUTES EXCEPT URGENCY STATUTES, STATUTES
CALLING ELECTIONS, AND STATUTES PROVIDING FOR TAX  LEVIES  OR  APPROPRI-
ATIONS FOR USUAL CURRENT EXPENSES OF THE STATE.
  2. A REFERENDUM MEASURE MAY BE PROPOSED BY PRESENTING TO THE SECRETARY
OF  STATE, WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THE STATUTE, A
PETITION CERTIFIED TO HAVE BEEN SIGNED BY ELECTORS EQUAL  IN  NUMBER  TO
FIVE  PERCENT  OF  THE VOTES FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST
GUBERNATORIAL ELECTION, ASKING THAT THE STATUTE OR PART OF IT BE SUBMIT-
TED TO THE ELECTORS. IN THE CASE OF A STATUTE ENACTED BY A  BILL  PASSED
BY THE LEGISLATURE ON OR BEFORE THE DATE THE LEGISLATURE ADJOURNS IN THE
SECOND  CALENDAR YEAR OF THE BIENNIUM OF THE LEGISLATIVE SESSION, AND IN
THE POSSESSION OF THE GOVERNOR AFTER THAT DATE, THE PETITION MAY NOT  BE
PRESENTED  ON  OR  AFTER JANUARY FIRST NEXT FOLLOWING THE EFFECTIVE DATE
UNLESS A COPY OF THE PETITION  IS  SUBMITTED  TO  THE  ATTORNEY  GENERAL
PURSUANT  TO  SUBDIVISION  FOUR  OF SECTION THREE OF THIS ARTICLE BEFORE
JANUARY FIRST.
  3. THE SECRETARY OF STATE SHALL THEN SUBMIT THE MEASURE  AT  THE  NEXT
GENERAL  ELECTION HELD AT LEAST THIRTY-ONE DAYS AFTER IT QUALIFIES OR AT
A SPECIAL STATEWIDE ELECTION HELD PRIOR TO THAT  GENERAL  ELECTION.  THE
GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR THE MEASURE.
  S  3. 1. AN INITIATIVE STATUTE OR REFERENDUM APPROVED BY A MAJORITY OF
VOTES THEREON TAKES EFFECT THE DAY AFTER THE ELECTION UNLESS THE MEASURE
PROVIDES OTHERWISE. IF A REFERENDUM PETITION IS FILED AGAINST A PART  OF
A STATUTE THE REMAINDER SHALL NOT BE DELAYED FROM GOING INTO EFFECT.
  2. IF PROVISIONS OF TWO OR MORE MEASURES APPROVED AT THE SAME ELECTION
CONFLICT,  THOSE  OF  THE MEASURE RECEIVING THE HIGHEST AFFIRMATIVE VOTE
SHALL PREVAIL.
  3. THE LEGISLATURE MAY AMEND OR REPEAL  REFERENDUM  STATUTES.  IT  MAY
AMEND  OR  REPEAL  AN INITIATIVE STATUTE BY ANOTHER STATUTE THAT BECOMES
EFFECTIVE ONLY WHEN APPROVED BY THE ELECTORS UNLESS THE INITIATIVE STAT-
UTE PERMITS AMENDMENT OR REPEAL WITHOUT THEIR APPROVAL.
  4. PRIOR TO CIRCULATION OF AN INITIATIVE OR  REFERENDUM  PETITION  FOR
SIGNATURES,  A COPY SHALL BE SUBMITTED TO THE ATTORNEY GENERAL WHO SHALL
PREPARE A TITLE AND SUMMARY OF THE MEASURE AS PROVIDED BY LAW.
  5. THE LEGISLATURE SHALL PROVIDE THE MANNER IN WHICH  PETITIONS  SHALL
BE  CIRCULATED,  PRESENTED, AND CERTIFIED, AND MEASURES SUBMITTED TO THE
ELECTORS.
  S 4. 1. INITIATIVE AND REFERENDUM POWERS MAY BE EXERCISED BY THE ELEC-
TORS OF EACH CITY OR COUNTY UNDER PROCEDURES THAT THE LEGISLATURE  SHALL
PROVIDE.  EXCEPT  AS  PROVIDED  IN  SUBDIVISIONS  TWO  AND THREE OF THIS
SECTION, THIS SECTION DOES NOT AFFECT A CITY HAVING A CHARTER.
  2. A CITY OR COUNTY INITIATIVE MEASURE SHALL NOT  INCLUDE  OR  EXCLUDE
ANY  PART  OF  THE  CITY OR COUNTY FROM THE APPLICATION OR EFFECT OF ITS
PROVISIONS BASED UPON APPROVAL OR DISAPPROVAL OF THE INITIATIVE MEASURE,
OR BASED UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES IN FAVOR OF
THE MEASURE, BY THE ELECTORS OF THE CITY OR COUNTY OR ANY PART THEREOF.
  3. A CITY OR COUNTY INITIATIVE MEASURE SHALL NOT  CONTAIN  ALTERNATIVE
OR  CUMULATIVE  PROVISIONS WHEREIN ONE OR MORE OF THOSE PROVISIONS WOULD

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BECOME LAW DEPENDING UPON THE CASTING OF A SPECIFIED PERCENTAGE OF VOTES
FOR OR AGAINST THE MEASURE.
  S  5. NO AMENDMENT TO THE CONSTITUTION, AND NO STATUTE PROPOSED TO THE
ELECTORS BY THE LEGISLATURE OR BY INITIATIVE, THAT NAMES ANY  INDIVIDUAL
TO  HOLD  ANY  OFFICE, OR NAMES OR IDENTIFIES ANY PRIVATE CORPORATION TO
PERFORM ANY FUNCTION OR TO HAVE ANY POWER OR DUTY, MAY BE  SUBMITTED  TO
THE ELECTORS OR HAVE ANY EFFECT.
  S  6.  RECALL IS THE POWER OF THE ELECTORS TO REMOVE AN ELECTIVE OFFI-
CER.
  S 7. 1. RECALL OF A STATE OFFICER IS INITIATED BY  DELIVERING  TO  THE
SECRETARY OF STATE A PETITION ALLEGING REASON FOR RECALL. SUFFICIENCY OF
REASON IS NOT REVIEWABLE. PROPONENTS HAVE ONE HUNDRED SIXTY DAYS TO FILE
SIGNED PETITIONS.
  2. A PETITION TO RECALL A STATEWIDE OFFICER MUST BE SIGNED BY ELECTORS
EQUAL  IN NUMBER TO TWELVE PERCENT OF THE LAST VOTE FOR THE OFFICE, WITH
SIGNATURES FROM EACH OF FIVE COUNTIES EQUAL IN NUMBER TO ONE PERCENT  OF
THE  LAST  VOTE  FOR  THE  OFFICE  IN  THE  COUNTY. SIGNATURES TO RECALL
SENATORS, MEMBERS OF THE ASSEMBLY, AND  JUDGES  OF  SUPREME  COURTS  AND
TRIAL  COURTS  MUST  EQUAL IN NUMBER TWENTY PERCENT OF THE LAST VOTE FOR
THE OFFICE.
  3. THE SECRETARY OF STATE SHALL MAINTAIN A  CONTINUOUS  COUNT  OF  THE
SIGNATURES CERTIFIED TO THAT OFFICE.
  S  8. 1. AN ELECTION TO DETERMINE WHETHER TO RECALL AN OFFICER AND, IF
APPROPRIATE, TO ELECT A SUCCESSOR SHALL BE CALLED BY  THE  GOVERNOR  AND
HELD NOT LESS THAN SIXTY DAYS NOR MORE THAN EIGHTY DAYS FROM THE DATE OF
CERTIFICATION OF SUFFICIENT SIGNATURES.
  2.  A  RECALL ELECTION MAY BE CONDUCTED WITHIN ONE HUNDRED EIGHTY DAYS
FROM THE DATE OF CERTIFICATION OF SUFFICIENT SIGNATURES  IN  ORDER  THAT
THE  ELECTION  MAY  BE  CONSOLIDATED  WITH  THE NEXT REGULARLY SCHEDULED
ELECTION OCCURRING WHOLLY OR PARTIALLY WITHIN THE SAME  JURISDICTION  IN
WHICH  THE  RECALL ELECTION IS HELD, IF THE NUMBER OF VOTERS ELIGIBLE TO
VOTE AT THAT NEXT REGULARLY SCHEDULED  ELECTION  EQUAL  AT  LEAST  FIFTY
PERCENT OF ALL THE VOTERS ELIGIBLE TO VOTE AT THE RECALL ELECTION.
  3.  IF  THE MAJORITY VOTE ON THE QUESTION IS TO RECALL, THE OFFICER IS
REMOVED AND, IF THERE IS A  CANDIDATE,  THE  CANDIDATE  WHO  RECEIVES  A
PLURALITY  IS  THE  SUCCESSOR.  THE  OFFICER MAY NOT BE A CANDIDATE, NOR
SHALL THERE BE ANY CANDIDACY FOR AN OFFICE FILED PURSUANT TO SECTION TWO
OF ARTICLE SIX.
  S 9. THE  LEGISLATURE  SHALL  PROVIDE  FOR  CIRCULATION,  FILING,  AND
CERTIFICATION  OF  PETITIONS,  NOMINATION  OF CANDIDATES, AND THE RECALL
ELECTION.
  S 10. IF RECALL OF THE GOVERNOR OR SECRETARY OF  STATE  IS  INITIATED,
THE  RECALL  DUTIES  OF THAT OFFICE SHALL BE PERFORMED BY THE LIEUTENANT
GOVERNOR OR COMPTROLLER, RESPECTIVELY.
  S 11. A STATE OFFICER WHO IS NOT RECALLED SHALL BE REIMBURSED  BY  THE
STATE  FOR THE OFFICER'S RECALL ELECTION EXPENSES LEGALLY AND PERSONALLY
INCURRED. ANOTHER RECALL MAY NOT BE INITIATED AGAINST THE OFFICER  UNTIL
SIX MONTHS AFTER THE ELECTION.
  S 12. THE LEGISLATURE SHALL PROVIDE FOR RECALL OF LOCAL OFFICERS. THIS
SECTION  DOES  NOT AFFECT COUNTIES AND CITIES WHOSE CHARTERS PROVIDE FOR
RECALL.
  S 2. Resolved (if the Senate concur), That the foregoing amendment  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.