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

                                  9567

                          I N  A S S E M B L Y

                               May 7, 2014
                               ___________

Introduced by M. of A. KEARNS -- 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.
                                                           LBD89083-01-3

A. 9567                             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. 9567                             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. 9567                             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. 9567                             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. 9567                             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.