Bill Text: NY A05938 | 2019-2020 | 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 (Republican 29-1)

Status: (Introduced) 2019-03-14 - opinion referred to judiciary [A05938 Detail]

Download: New_York-2019-A05938-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
        Introduced  by M. of A. JOHNS, LAWRENCE, RAIA, DiPIETRO, FINCH, BLANKEN-
          KOLB, BYRNE, PALMESANO, M. L. MILLER, RA -- Multi-Sponsored by  --  M.
          of  A.  HAWLEY,  THIELE  -- read once and referred to the Committee on
        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 fifty thousand electors, twenty-five
    12  thousand of which shall be from electors residing outside of a city with
    13  a  population of one million or more. Such signatures shall be collected
    14  in the first two months after the last day of session. In the event that
    15  there are more than three proposed initiatives, only  the  three  initi-
    16  atives which are supported by the largest amounts of signatures shall be
    17  submitted to the electors.
    18    3.  The  proposed  statute or amendment to the constitution shall have
    19  been previously introduced during a legislative session of the state.
    20    4. The secretary of state shall then submit the measure  at  the  next
    21  general  election  held  at  least  one hundred thirty-one days after it
    22  qualifies or at any special statewide election held prior to that gener-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5938                             2
     1  al election. The governor may call a special statewide election for  the
     2  measure.
     3    5.  An  initiative  measure embracing more than one subject may not be
     4  submitted to the electors or have any effect.
     5    6. An initiative measure shall not include or  exclude  any  political
     6  subdivision  of  the  state  from  the  application  or  effect  of  its
     7  provisions based upon approval or disapproval of the initiative measure,
     8  or based upon the casting of a specified percentage of votes in favor of
     9  the measure, by the electors of that political subdivision.
    10    7. An initiative measure shall not contain alternative  or  cumulative
    11  provisions  wherein  one  or  more  of those provisions would become law
    12  depending upon the casting of a specified percentage  of  votes  for  or
    13  against the measure.
    14    §  2. 1. An initiative statute approved by a majority of votes thereon
    15  takes effect the day after the  election  unless  the  measure  provides
    16  otherwise.
    17    2. If provisions of two or more measures approved at the same election
    18  conflict,  those  of  the measure receiving the highest affirmative vote
    19  shall prevail.
    20    3. The legislature may amend or repeal an initiative statute by anoth-
    21  er statute that becomes effective only when  approved  by  the  electors
    22  unless  the initiative statute permits amendment or repeal without their
    23  approval.
    24    4. Prior to circulation of an initiative petition  for  signatures,  a
    25  copy  shall  be  submitted  to  the attorney general who shall prepare a
    26  legislative bill draft of the measure.
    27    5. The legislature shall provide the manner in which  petitions  shall
    28  be  circulated,  presented, and certified, and measures submitted to the
    29  electors.
    30    § 3. At the end of each legislative  session,  any  legislative  bills
    31  from  either  the  senate  or  the assembly that have not been passed in
    32  either house shall be eligible for referendum consideration.
    33    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    34  referred  to  the  first regular legislative session convening after the
    35  next succeeding general election of members of  the  assembly,  and,  in
    36  conformity  with  section  1  of  article  19  of  the  constitution, be
    37  published for 3 months previous to the time of such election.