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S01168 Summary:

Ren Art 20 to be Art 21, add Art 20, Constn
Provides for initiative; empowers the electors with the ability to propose statutes and amendments to the constitution.
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S01168 Actions:

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S01168 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 11, 2019
        Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        proposing the addition of a new  article  20  to  the  constitution,  in
          relation to providing for initiative

     1    Section  1.  Resolved (if the Assembly 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.

        S. 1168                             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 Assembly concur), That the  foregoing  amendment
    20  be 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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