S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4826
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. KEARNS -- Multi-Sponsored by -- M. of A. LUPINAC-
   CI, RAIA -- 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:
   § 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.
   §  2.  Resolved  (if the Senate concur), That the opening paragraph of
 section 14 of article 3 of  the  constitution  be  amended  to  read  as
 follows:
   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  opinion
 necessitate  an  immediate vote thereon, in which case it must neverthe-
 less 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.
   §  3. Resolved (if the Senate concur), That section 1 of article 19 of
 the constitution be amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89032-01-7

 A. 4826                             2
 
   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
 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.
   §  4. Resolved (if the Senate concur), That section 16 of article 3 of
 the constitution be amended to read as follows:
   § 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.
   §  5.  Resolved (if the Senate concur), That section 7 of article 4 of
 the constitution be amended to read as follows:
   § 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,

 A. 4826                             3
 
 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-
 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.
   § 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.
   § 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.
   §  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.
   § 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.
   § 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

 A. 4826                             4

 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
 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.
   §  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.
   § 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

 A. 4826                             5
 
 QUALIFY,  THOSE  INITIATIVE MEASURES AND REFERENDA MEASURES SUBMITTED TO
 THE STATE BOARD OF ELECTIONS EARLIEST IN TIME SHALL  BE  PLACED  ON  THE
 BALLOT.
   §  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.
   § 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.
   §  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

 A. 4826                             6
 
   (IV)  THE  PROVISIONS  OF SUBDIVISION B OF SECTION SIX OF THIS ARTICLE
 SHALL NOT BE APPLICABLE.
   §  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.
   § 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.