Bill Text: NY A03380 | 2011-2012 | General Assembly | Introduced
Bill Title: Reserves to the people of the state the power to propose laws and amendments to the constitution and to adopt or reject such proposals upon a referendum; provides petition procedures for placing such proposals on the ballot; limits use of referendums relating to laws for health and safety; requires referendums for expenditure of moneys to clearly state the source of such funds; prohibits governor from vetoing approved proposals.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Introduced - Dead) 2012-05-22 - held for consideration in judiciary [A03380 Detail]
Download: New_York-2011-A03380-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3380
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
___________
Introduced by M. of A. CALHOUN, THIELE, SAYWARD -- Multi-Sponsored by --
M. of A. BUTLER, CONTE, CROUCH, FINCH, KOLB, J. MILLER, OAKS, TEDISCO
-- read once and referred to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to the constitution, in relation to providing the
electors with the power of initiative and referendum
1 Section 1. Resolved (if the Senate concur), That article 20 of the
2 constitution be renumbered article 21 and a new article 20 be added to
3 read as follows:
4 ARTICLE XX
5 INITIATIVE AND REFERENDUM
6 SECTION 1. THE LEGISLATIVE POWER OF THIS STATE SHALL BE VESTED IN THE
7 SENATE AND ASSEMBLY, BUT THE PEOPLE RESERVE TO THEMSELVES THE POWER TO
8 PROPOSE LAWS AND AMENDMENTS TO THE CONSTITUTION, AND TO ADOPT OR REJECT
9 THE SAME, AT THE POLLS, INDEPENDENT OF THE LEGISLATURE, AND ALSO RESERVE
10 THE POWER, AT THEIR OWN OPTION, TO SO ADOPT OR REJECT ANY ACT, OR
11 SECTION OR PART OF ANY ACT, PASSED BY THE LEGISLATURE.
12 S 2. A. THE INITIATIVE IS THE POWER OF THE ELECTORS TO PROPOSE STAT-
13 UTES AND AMENDMENTS TO THE CONSTITUTION AND TO ADOPT OR REJECT THEM.
14 EVERY INITIATIVE STATUTE WHICH MANDATES THE EXPENDITURE OF MONIES SHALL
15 CLEARLY STATE THE REVENUES FROM WHICH SUCH MONIES SHALL BE DERIVED.
16 EVERY INITIATIVE STATUTE WHICH MANDATES A REDUCTION IN REVENUES OR
17 EXPENDITURES SHALL CLEARLY STATE WHAT REVENUES WILL REPLACE THOSE
18 REDUCED OR THE EXPENDITURES AND SERVICES TO BE REDUCED OR ELIMINATED.
19 B. AN INITIATIVE MEASURE MAY BE PROPOSED BY PRESENTING TO THE SECRE-
20 TARY OF STATE A PETITION THAT SETS FORTH THE TEXT OF THE PROPOSED STAT-
21 UTE OR AMENDMENT TO THE CONSTITUTION AND IS CERTIFIED TO HAVE BEEN
22 SIGNED BY ELECTORS EQUAL IN NUMBER TO FIVE PERCENT IN THE CASE OF A
23 STATUTE, AND EIGHT PERCENT IN THE CASE OF AN AMENDMENT TO THE CONSTITU-
24 TION, OF THE VOTES FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST GUBERNA-
25 TORIAL ELECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89038-01-1
A. 3380 2
1 C. THE SECRETARY OF STATE SHALL THEN SUBMIT THE MEASURE AT THE NEXT
2 GENERAL ELECTION HELD AT LEAST ONE HUNDRED THIRTY-ONE DAYS AFTER IT
3 QUALIFIES OR AT ANY SPECIAL STATEWIDE ELECTION HELD PRIOR TO THAT GENER-
4 AL ELECTION. THE GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR THE
5 MEASURE.
6 D. AN INITIATIVE MEASURE EMBRACING MORE THAN ONE SUBJECT MAY NOT BE
7 SUBMITTED TO THE ELECTORS OR HAVE ANY EFFECT EXCEPT THAT ANY NUMBER OF
8 DISCRETE INITIATIVE MEASURES MAY BE SUBMITTED TO THE ELECTORS AT ANY
9 GENERAL ELECTION OR ANY SPECIAL STATEWIDE ELECTION CALLED BY THE GOVER-
10 NOR.
11 S 3. A. A REFERENDUM IS THE POWER OF THE ELECTORS TO APPROVE OR
12 REJECT STATUTES OR PARTS OF STATUTES EXCEPT STATUTES NECESSARY FOR THE
13 IMMEDIATE PRESERVATION OF THE PUBLIC PEACE, HEALTH OR SAFETY, STATUTES
14 CALLING ELECTIONS, AND STATUTES PROVIDING FOR TAX LEVIES OR APPROPRI-
15 ATIONS FOR USUAL CURRENT EXPENSES OF THE STATE.
16 B. A REFERENDUM MEASURE MAY BE PROPOSED BY PRESENTING TO THE SECRE-
17 TARY OF STATE A PETITION CERTIFIED TO HAVE BEEN SIGNED BY ELECTORS EQUAL
18 IN NUMBER TO FIVE PERCENT OF THE VOTES FOR ALL CANDIDATES FOR GOVERNOR
19 AT THE LAST GUBERNATORIAL ELECTION, ASKING THAT THE STATUTE OR PART OF
20 IT BE SUBMITTED TO THE ELECTORS.
21 C. THE SECRETARY OF STATE SHALL THEN SUBMIT THE MEASURE AT THE NEXT
22 GENERAL ELECTION HELD AT LEAST THIRTY-ONE DAYS AFTER IT QUALIFIES OR AT
23 A SPECIAL STATEWIDE ELECTION HELD PRIOR TO THAT GENERAL ELECTION. THE
24 GOVERNOR MAY CALL A SPECIAL STATEWIDE ELECTION FOR THE MEASURE.
25 S 4. A. AN INITIATIVE OR REFERENDUM MEASURE APPROVED BY A MAJORITY
26 OF THE VOTES THEREON TAKES EFFECT FIVE DAYS AFTER THE DATE OF THE OFFI-
27 CIAL DECLARATION OF THE VOTE BY THE STATE BOARD OF ELECTIONS UNLESS THE
28 MEASURE PROVIDES OTHERWISE. IF A REFERENDUM PETITION IS FILED AGAINST A
29 PART OF A STATUTE THE REMAINDER OF THE STATUTE SHALL NOT BE DELAYED FROM
30 GOING INTO EFFECT.
31 B. IF PROVISIONS OF TWO OR MORE MEASURES APPROVED AT THE SAME
32 ELECTION CONFLICT, THOSE OF THE MEASURE RECEIVING THE HIGHEST AFFIRMA-
33 TIVE VOTE SHALL PREVAIL.
34 C. ANY ISSUE DEFEATED BY REFERENDUM CANNOT BE RECONSIDERED BY THE
35 LEGISLATURE FOR A PERIOD OF TWO YEARS. ANY INITIATIVE MEASURE THAT HAS
36 BEEN ADOPTED CANNOT BE REPEALED OR AMENDED BY THE LEGISLATURE FOR A
37 PERIOD OF TWO YEARS.
38 D. THE VETO POWER OF THE GOVERNOR SHALL NOT EXTEND TO AN INITIATIVE
39 OR REFERENDUM STATUTE APPROVED BY THE ELECTORS.
40 E. PRIOR TO CIRCULATION OF AN INITIATIVE OR REFERENDUM PETITION FOR
41 SIGNATURES, A COPY SHALL BE SUBMITTED TO THE ATTORNEY GENERAL WHO SHALL
42 PREPARE A TITLE AND SUMMARY OF THE MEASURE AS PROVIDED BY LAW.
43 F. THE LEGISLATURE SHALL PROVIDE THE MANNER IN WHICH PETITIONS SHALL
44 BE CIRCULATED, PRESENTED AND CERTIFIED, AND MEASURES SUBMITTED TO THE
45 ELECTORS WITHIN A TWO YEAR PASSAGE OF THIS AMENDMENT TO THE CONSTITU-
46 TION.
47 S 5. INITIATIVE AND REFERENDUM POWERS MAY BE EXERCISED BY THE ELEC-
48 TORS OF EACH MUNICIPALITY UNDER PROCEDURES THAT THE LEGISLATURE SHALL
49 PROVIDE.
50 S 6. NO AMENDMENT TO THE CONSTITUTION, AND NO STATUTE PROPOSED TO THE
51 ELECTORS BY THE LEGISLATURE OR BY INITIATIVE, THAT NAMES ANY INDIVIDUAL
52 TO HOLD ANY OFFICE, OR NAMES OR IDENTIFIES ANY PRIVATE CORPORATION TO
53 PERFORM ANY FUNCTION OR TO HAVE ANY POWER OR DUTY OR ATTEMPTS TO ABOLISH
54 AN EXISTING STATE AGENCY, MAY BE SUBMITTED TO THE ELECTORS OR HAVE ANY
55 EFFECT.
A. 3380 3
1 S 7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, UPON ALL
2 INITIATIVE AND REFERENDUM PETITIONS PROVIDED FOR IN THIS ARTICLE, IT
3 SHALL BE ADDITIONALLY NECESSARY TO FILE FROM EACH OF ONE-HALF OF THE
4 COUNTIES OF THE STATE SUCH PETITIONS BEARING THE SIGNATURES OF NOT LESS
5 THAN ONE-HALF OF THE DESIGNATED PERCENTAGE OF THE ELECTORS OF SUCH COUN-
6 TIES.
7 S 2. Resolved (if the Senate concur), That the foregoing amendment be
8 referred to the first regular legislative session convening after the
9 next succeeding general election of members of the assembly, and, in
10 conformity with section 1 of article 19 of the constitution, be
11 published for 3 months previous to the time of such election.
