Bill Text: NY A01969 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides for initiative; empowers the electors with the ability to propose statutes and amendments to the constitution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-18 - opinion referred to judiciary [A01969 Detail]

Download: New_York-2021-A01969-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1969

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2021
                                       ___________

        Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
          tee 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

     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
     6    Section 1. 1. The initiative is the power of the electors  to  propose
     7  statutes and amendments to the constitution and to adopt or reject them.
     8    2.  An  initiative measure may be proposed by presenting to the secre-
     9  tary of state a petition that sets forth the text of the proposed  stat-
    10  ute  or  amendment to the constitution having statewide significance and
    11  is certified to have been signed by twenty-five thousand electors.
    12    3. The proposed statute or amendment to the  constitution  shall  have
    13  been previously introduced during a legislative session of the state.
    14    4.  The  secretary  of state shall then submit the measure at the next
    15  general election held at least one  hundred  thirty-one  days  after  it
    16  qualifies or at any special statewide election held prior to that gener-
    17  al  election. The governor may call a special statewide election for the
    18  measure.
    19    5. An initiative measure embracing more than one subject  may  not  be
    20  submitted to the electors or have any effect.
    21    6.  An  initiative  measure shall not include or exclude any political
    22  subdivision  of  the  state  from  the  application  or  effect  of  its
    23  provisions based upon approval or disapproval of the initiative measure,
    24  or based upon the casting of a specified percentage of votes in favor of
    25  the measure, by the electors of that political subdivision.
    26    7.  An  initiative measure shall not contain alternative or cumulative
    27  provisions wherein one or more of  those  provisions  would  become  law

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89080-01-1

        A. 1969                             2

     1  depending  upon  the  casting  of a specified percentage of votes for or
     2  against the measure.
     3    §  2. 1. An initiative statute approved by a majority of votes thereon
     4  takes effect the day after the  election  unless  the  measure  provides
     5  otherwise.
     6    2. If provisions of two or more measures approved at the same election
     7  conflict,  those  of  the measure receiving the highest affirmative vote
     8  shall prevail.
     9    3. The legislature may amend or repeal an initiative statute by anoth-
    10  er statute that becomes effective only when  approved  by  the  electors
    11  unless  the initiative statute permits amendment or repeal without their
    12  approval.
    13    4. Prior to circulation of an initiative petition  for  signatures,  a
    14  copy  shall  be  submitted  to  the attorney general who shall prepare a
    15  legislative bill draft of the measure.
    16    5. The legislature shall provide the manner in which  petitions  shall
    17  be  circulated,  presented, and certified, and measures submitted to the
    18  electors.
    19    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    20  referred  to  the  first regular legislative session convening after the
    21  next succeeding general election of members of  the  assembly,  and,  in
    22  conformity  with  section  1  of  article  19  of  the  constitution, be
    23  published for 3 months previous to the time of such election.
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