S T A T E   O F   N E W   Y O R K
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                                  4978

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

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-

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

                                                           LBD89029-01-1

A. 4978                             2

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
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

A. 4978                             3

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-
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.

A. 4978                             4

  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
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

A. 4978                             5

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
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

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  (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
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.