Bill Text: NY A06816 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes an initiative and referendum process so that voters are able to bring issues to the state legislature for consideration; defines the term "initiative" as the power of the electors to propose amendments to the constitution and to propose laws; defines the term "referendum" as the power of the electors to approve or reject laws or parts of laws passed by the legislature.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A06816 Detail]

Download: New_York-2009-A06816-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6816
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 12, 2009
                                      ___________
       Introduced  by  M.  of  A.  KOLB,  RAIA, ERRIGO, TOBACCO, CORWIN, CONTE,
         GIGLIO, P. LOPEZ, WALKER -- Multi-Sponsored by -- M.  of  A.  BARCLAY,
         HAWLEY,  SAYWARD,  TOWNSEND -- 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 for
         initiative and referendum petitions for electors
    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    LEGISLATIVE POWER SHALL BE VESTED IN THE SENATE AND ASSEMBLY, BUT  THE
    7  PEOPLE RESERVE TO THEMSELVES THE POWER TO PROPOSE LAWS AND AMENDMENTS TO
    8  THE  CONSTITUTION  AND  TO  ADOPT  OR  REJECT THEM AT THE POLLS IF AFTER
    9  SUBMITTING THE SAME ACCORDING TO  THE  METHOD  PROVIDED  HEREIN  TO  THE
   10  LEGISLATURE  THAT  BODY  FAILS TO TAKE POSITIVE ACTION, AND ALSO RESERVE
   11  THE POWER, AT THEIR OWN OPTION, TO  SO  ADOPT  OR  REJECT  ANY  ACT,  OR
   12  SECTION  OR  PART  OF ANY ACT, PASSED BY THE LEGISLATURE. THESE RESERVED
   13  POWERS ARE THE INITIATIVE AND REFERENDUM.
   14    SECTION 1. AN INITIATIVE OR REFERENDUM PETITION SHALL  SET  FORTH  THE
   15  FULL  TEXT  OF THE LAW OR AMENDMENT, HEREINAFTER DESIGNATED AS THE MEAS-
   16  URE, WHICH IS PROPOSED BY THE PETITION.
   17    S 2. (A) AN INITIATIVE IS THE POWER OF THE ELECTORS TO PROPOSE  AMEND-
   18  MENTS  TO  THE  CONSTITUTION  AND TO PROPOSE LAWS AND TO ADOPT OR REJECT
   19  THEM.
   20    (B) A REFERENDUM IS THE POWER OF THE ELECTORS  TO  APPROVE  OR  REJECT
   21  LAWS OR PARTS OF LAWS, EXCEPT LAWS CALLING ELECTIONS; PROVIDED, HOWEVER,
   22  THE  EXCEPTION CONTAINED IN THIS SUBDIVISION SHALL NOT BE INTERPRETED OR
   23  HELD TO RESTRICT ANY POWERS GRANTED TO THE ELECTORS IN  SUBDIVISION  (A)
   24  OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89117-01-9
       A. 6816                             2
    1    S  3.  NO  INITIATIVE  OR  REFERENDUM MEASURE MAY BE PROPOSED WHICH IS
    2  BEYOND THE REACH OF THE STATE LEGISLATURE ITSELF; OR  THE  OPERATION  OF
    3  WHICH  IS  RESTRICTED  TO  A  PARTICULAR  TOWN, CITY, OR OTHER POLITICAL
    4  SUBDIVISION WHICH IS NOT STATEWIDE; OR NAMING ANY PERSON TO HOLD  PUBLIC
    5  OFFICE;  OR ABOLISHING A STATE AGENCY; OR APPROPRIATING SPECIFIC SUMS OF
    6  MONEY FROM THE TREASURY.
    7    S 4. AN INITIATIVE OR  REFERENDUM  MEASURE  EMBRACING  MORE  THAN  ONE
    8  SUBJECT  MAY  NOT  BE  SUBMITTED  TO  THE  ATTORNEY GENERAL NOR HAVE ANY
    9  EFFECT.
   10    S 5. AN INITIATIVE OR REFERENDUM PETITION  SHALL  BE  PROPOSED  BY  AT
   11  LEAST  TWO HUNDRED FIFTY SPONSORS WHO ARE REGISTERED VOTERS IN THE STATE
   12  OF NEW YORK. ONE SPONSOR SHALL BE DESIGNATED CHAIRPERSON  BY  THE  PETI-
   13  TIONING  COMMITTEE  AND  SHALL  REPRESENT  THE COMMITTEE. NO SOONER THAN
   14  JANUARY FIRST OF THE YEAR PRECEDING THE  CONVENING  OF  THE  LEGISLATIVE
   15  SESSION  IN  WHICH THE MEASURE WILL BE INTRODUCED, THE PROPOSAL SHALL BE
   16  SUBMITTED TO THE ATTORNEY GENERAL. THE ATTORNEY GENERAL SHALL RENDER  AN
   17  OPINION  AS  TO  ITS  CONSTITUTIONALITY IF A STATUTE, OR ITS EFFECT UPON
   18  OTHER PROVISIONS OF THE CONSTITUTION IF AN AMENDMENT AND ALSO RENDER HIS
   19  OR HER ADVICE AS TO THE FORM OF THE PROPOSED MEASURE AND AS TO ITS SUIT-
   20  ABILITY TO ACCOMPLISH ITS PURPOSE. HE OR SHE SHALL ALSO CERTIFY THAT THE
   21  MEASURE IS NOT SUBSTANTIALLY THE SAME IN CONTENT OR INTENT AS ANY  MEAS-
   22  URE  WHICH HAS BEEN QUALIFIED FOR SUBMITTAL TO THE VOTERS IN LIKE MANNER
   23  AT EITHER OF THE TWO PRECEDING BIENNIAL STATE  ELECTIONS,  AND  THAT  IT
   24  CONTAINS  ONLY  SUBJECTS  NOT  EXCLUDED  FROM  THE POPULAR INITIATIVE OR
   25  REFERENDUM. THE ATTORNEY GENERAL'S DETERMINATION SHALL  BE  MADE  WITHIN
   26  THIRTY  DAYS  AFTER RECEIPT OF SAME. THE MEASURE SHALL THEN BE SUBMITTED
   27  TO THE SECRETARY OF STATE FOR APPROVAL OF  FORM  AND  PREPARATION  OF  A
   28  PETITION  TITLE  REPRESENTING THE INTENT OF THE PROPOSAL.  THE SECRETARY
   29  OF STATE SHALL PREPARE, IN CONSULTATION  WITH  THE  CHAIRPERSON  OF  THE
   30  SPONSORING  COMMITTEE,  AN  UNBIASED,  NON-ARGUMENTATIVE  SUMMARY OF THE
   31  PROPOSAL NOT TO EXCEED ONE HUNDRED  WORDS  WHICH  SHALL  APPEAR  ON  THE
   32  PETITIONS.  THE  SECRETARY  OF STATE SHALL PROVIDE BLANKS CONTAINING THE
   33  SUMMARY OF THE PROPOSED MEASURE  FOR  THE  USE  OF  SUBSEQUENT  SIGNERS.
   34  ACTION  BY  THE SECRETARY OF STATE SHALL BE COMPLETED WITHIN THIRTY DAYS
   35  OF RECEIPT OF THE PETITION FROM THE ATTORNEY GENERAL.
   36    S 6. THE PETITIONING COMMITTEE ASSUMES  FULL  RESPONSIBILITY  FOR  THE
   37  CIRCULATION  OF  THE PETITIONS. ONLY REGISTERED VOTERS OF NEW YORK STATE
   38  MAY CARRY OR SIGN PETITIONS. PETITION BEARERS SHALL CARRY A COPY OF  THE
   39  FULL TEXT OF THE INITIATIVE OR REFERENDUM. PETITIONS SHALL BE CIRCULATED
   40  TO  OBTAIN  SIGNATURES OF ELECTORS EQUAL IN NUMBER TO SIX PERCENT OF THE
   41  ELECTORS WHO VOTED FOR GOVERNOR IN THE LAST  GUBERNATORIAL  ELECTION  IF
   42  THE  MEASURE  IS  A  STATUTE, OR EIGHT PERCENT IF THE MEASURE AMENDS THE
   43  CONSTITUTION. NO MORE THAN FIVE PERCENT OF THE REQUIRED NUMBER OF SIGNA-
   44  TURES SHALL COME FROM ANY ONE COUNTY OF THE STATE. THE  PETITIONS  SHALL
   45  BE FILED WITH THE SECRETARY OF STATE AT LEAST TEN DAYS BEFORE THE LEGIS-
   46  LATURE CONVENES AT THE BEGINNING OF ITS ANNUAL SESSION. THE SECRETARY OF
   47  STATE  SHALL SUBMIT THE MEASURE TO BOTH HOUSES OF THE LEGISLATURE WITHIN
   48  THIRTY DAYS OF RECEIPT OF SAME, FOLLOWING CERTIFICATION OF SIGNATURES IN
   49  A LIKE MANNER AS EMPLOYED IN CERTIFYING THOSE OF AN  INDEPENDENT  CANDI-
   50  DATE  FOR  STATEWIDE OFFICE. THE LEGISLATURE SHALL PROVIDE THE MANNER IN
   51  WHICH PETITIONS SHALL BE CIRCULATED, PRESENTED AND CERTIFIED, AND  MEAS-
   52  URES  SUBMITTED TO THE ELECTORS WITHIN A TWO YEAR PASSAGE OF THIS AMEND-
   53  MENT TO THE CONSTITUTION.
   54    S 7. IF THE MEASURE INTRODUCED BY INITIATIVE OR REFERENDUM IS A  STAT-
   55  UTE  AND IS PASSED BY BOTH HOUSES OF THE LEGISLATURE AND APPROVED BY THE
   56  GOVERNOR IT SHALL BECOME A LAW; HOWEVER, THE GOVERNOR MAY VETO THE MEAS-
       A. 6816                             3
    1  URE. BOTH HOUSES OF THE LEGISLATURE MUST PASS  THE  MEASURE  WITHIN  SIX
    2  MONTHS AFTER RECEIPT OF THE MEASURE FROM THE SECRETARY OF STATE OR OVER-
    3  RIDE A GUBERNATORIAL VETO OF THE MEASURE WITHIN THE SAME TIME PERIOD. IF
    4  THE  LEGISLATURE  FAILS TO DO SO THE SECRETARY OF STATE SHALL SUBMIT THE
    5  MEASURE TO THE VOTERS AT THE NEXT GENERAL ELECTION  IF  SUCH  SUBMISSION
    6  SHALL  BE  DEMANDED  BY  A SUPPLEMENTARY PETITION CERTIFIED TO HAVE BEEN
    7  SIGNED BY ELECTORS IN EQUAL NUMBER TO ONE PER CENTUM OF  THE  NUMBER  OF
    8  VOTES  CAST  FOR  ALL  CANDIDATES FOR GOVERNOR AT THE LAST GUBERNATORIAL
    9  ELECTION AND FILED WITH THE SECRETARY OF STATE WITHIN ONE HUNDRED TWENTY
   10  DAYS AFTER SUCH PROPOSED LAW OR REFERENDUM SHALL HAVE BEEN  REJECTED  OR
   11  PASSED  IN AN AMENDED FORM BY THE LEGISLATURE OR AFTER THE EXPIRATION OF
   12  SUCH TERM OF FOUR MONTHS, IF NO ACTION HAS BEEN TAKEN THEREON. NO  ELEC-
   13  TOR  SHALL  BE  DISQUALIFIED FROM SIGNING SUCH SUPPLEMENTARY PETITION BY
   14  REASON OF HAVING FIRST SIGNED THE PETITION AS HEREINBEFORE  PROVIDED  IN
   15  THIS  SECTION.  IF  THE MEASURE IS AMENDED BY THE LEGISLATURE AND PASSES
   16  BOTH HOUSES BOTH THE AMENDED MEASURE AND THE ORIGINAL MEASURE  SHALL  BE
   17  PUT ON THE BALLOT. THE ELECTORS MAY CHOOSE ONE OR REJECT BOTH.
   18    S  8. IF THE MEASURE IS A CONSTITUTIONAL AMENDMENT IT SHALL BE SUBMIT-
   19  TED TO THE LEGISLATURE FOR PASSAGE.  IF THE MEASURE FAILS TO PASS EITHER
   20  HOUSE OF THE LEGISLATURE IN ITS ORIGINAL FORM, IN THE TWO YEAR  TERM  IN
   21  WHICH  IT  IS  FIRST INTRODUCED, OR, IF THE MEASURE IN ITS ORIGINAL FORM
   22  FAILS TO PASS EITHER HOUSE OF THE NEXT SEPARATELY ELECTED LEGISLATURE IN
   23  EITHER YEAR OF ITS TWO YEAR TERM AFTER HAVING BEEN PASSED BY THE  PREVI-
   24  OUSLY  ELECTED  LEGISLATURE,  THE PETITIONING COMMITTEE SHALL PRESENT TO
   25  THE SECRETARY OF STATE WITHIN NINETY DAYS OF A NEGATIVE VOTE  OF  EITHER
   26  HOUSE  ON THE PROPOSED MEASURE OR UPON ADJOURNMENT WITHOUT ACTION ON THE
   27  PROPOSED MEASURE AN ADDITIONAL NUMBER OF SIGNATURES, WHICH  MAY  OR  MAY
   28  NOT  BE  DUPLICATES OF THE SIGNATURES ON THE ORIGINAL PETITION, EQUAL TO
   29  FOUR PERCENT OF THOSE VOTING IN THE LAST GUBERNATORIAL ELECTION, WITH NO
   30  MORE THAN FIVE PERCENT OF THESE COMING FROM ANY ONE COUNTY OF THE STATE.
   31  UPON RECEIPT OF THE ADDITIONAL SIGNATURES THE SECRETARY OF  STATE  SHALL
   32  HAVE FIFTEEN DAYS TO CERTIFY THEIR VALIDITY. HE OR SHE SHALL THEN SUBMIT
   33  THE  MEASURE  TO  THE VOTERS AT THE NEXT GENERAL ELECTION, PROVIDED THAT
   34  THE SAID ELECTION IS TO BE HELD MORE THAN FOUR WEEKS FOLLOWING FILING OF
   35  THE ADDITIONAL SIGNATURES TO THE SECRETARY OF STATE.
   36    S 9. INITIATIVE AND REFERENDUM MEASURES MAY NOT  BE  REPEALED  BY  THE
   37  LEGISLATURE  FOR  A  PERIOD  OF TWO YEARS EXCEPT BY A TWO-THIRDS VOTE OF
   38  BOTH HOUSES OR UNLESS SUCH LAW OR REFERENDUM PERMITS AMENDMENT OR REPEAL
   39  SUBJECT TO THE APPROVAL OF THE ELECTORS OR WITHOUT THE APPROVAL  OF  THE
   40  ELECTORS.
   41    S 10. IF IN THE OPINION OF THE ATTORNEY GENERAL, ANY TWO INITIATIVE OR
   42  REFERENDUM  MEASURES  APPROVED BY THE PEOPLE IN THE SAME ELECTION ARE IN
   43  CONFLICT, THE ONE HAVING THE HIGHER NUMBER OF AFFIRMATIVE VOTES AT  SUCH
   44  ELECTION  SHALL  GOVERN.  A  CONSTITUTIONAL  AMENDMENT  APPROVED  AT ANY
   45  ELECTION SHALL GOVERN ANY LAW APPROVED AT THE SAME ELECTION.
   46    S 11. AN INITIATIVE OR REFERENDUM MEASURE APPROVED BY  A  MAJORITY  OF
   47  THE  VOTES  CAST THEREON SHALL TAKE EFFECT ONE DAY AFTER THE DATE OF THE
   48  CANVASS OF SUCH VOTE BECOMES  OFFICIAL    UNLESS  THE  MEASURE  PROVIDES
   49  OTHERWISE.
   50    S  2. Resolved (if the Senate concur), That the foregoing amendment be
   51  referred to the first regular legislative session  convening  after  the
   52  next  succeeding  general  election  of members of the assembly, and, in
   53  conformity with  section  1  of  article  19  of  the  constitution,  be
   54  published for 3 months previous to the time of such election.