BILL NUMBER: S3132
SPONSOR: HELMING
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to
the constitution, in relation to providing the electors with the power
of initiative and referendum
 
PURPOSE:
This proposal would amend the New York State constitution to reserve for
the People of the State the powers of initiative and referendum.
 
SUMMARY OF PROVISIONS:
Sections 1 through 5 of the concurrent resolution would amend section 13
of Article 3, Section 14 of Article 3, Section 1 of Article 19, section
16 of Article 3 and Section 7 of Article 4 of the State Constitution,
respectively, to accommodate a new Article 20 to reserve to the People
of the state the powers of initiative and referendum (I&R).
Section 6 of the concurrent resolution would renumber Article 20 of the
Constitution Article 21 and provides for a new Article 20. The new Arti-
cle 20 would reserve to New Yorkers the power to Propose laws and amend-
ments to the Constitution, and to adopt or reject laws independent of
the Legislature. Initiative is the power of the electors to propose
statutes and amendments to the Constitution and referendum is the power
to approve or reject statutes or part of statutes. For an initiative or
referendum measure to appear on a ballot, a petition setting forth the
proposal must be filed with the State Board of Elections and be signed
by electors at least equal in number to 5 percent of the votes cast for
all candidates for governor at the last gubernatorial election. Such
signatures must include at least 5,000 signatures from each of at least
three-fifths of the State's congressional districts. The process for
gathering signatures for a petition in support of an I&R proposal and
for presenting the petition to the Board of Elections shall be conducted
in substantial conformity with Election Law provisions governing inde-
pendent petitions.
Prior to circulation of a petition for signatures, a copy of the initi-
ative or referendum shall be submitted to the Attorney General who shall
prepare a title and summary of the measure which shall not give any
indication of support or opposition to such measure. The measure shall
also be submitted to the Legislative Bill Drafting Commission for tech-
nical comments on the form of the measure. Any action or proceeding in
which a question arises as to the validity of a measure or which chal-
lenges the title and summary of such measure shall be granted a prefer-
ence in all courts.
To be enacted, an initiative or referendum measure must be approved by a
majority of the electors voting on the measure statewide. A measure
proposing or rejecting a statute that has been approved shall be effec-
tive on the first day of January of the year next succeeding its passage
unless the measure expressly provides otherwise. A measure amending the
constitution must be approved by a majority of the electors voting on
the measure statewide in two successive elections in which there are
candidates for the state senate and Assembly. I&R shall be permitted for
any measure except the following: (i) calling for elections; (ii) appro-
priating funds, except for a single object or purpose, (iii) naming any
individuals to hold office, or (iv) granting any power or duty to any
private entity or directing such entity to perform a function. An initi-
ative measure embracing more than one subject is not permitted and a
maximum of four discrete measures may be submitted at anyone general
election. The Legislature shall be prohibited from repealing or amending
a measure adopted or rejected through I&R for a period of two years.
After two years, any legislative proposal to amend or repeal an I&R
measure shall be put to the voters at the next general election for
approval or rejection.
This constitutional amendment will also reserve to the citizens of all
cities, towns and counties the power of I&R. signatures of electors of a
municipality equal in number to at least 5 percent of the votes cast in
such municipality for all candidates for governor at the last gubernato-
rial election will be required to propose any measure by I&R and an
affirmative vote of the majority of electors voting on the measure will
be required to be enacted. Petitions shall be submitted to the county
board of elections which will resolve challenges to such petitions.
Section 7 would provide for submission of this constitutional amendment
to the first regular session of the Legislature after the next succeed-
ing general election of the members of the Assembly.
 
EXISTING LAW:
The People of the state do not currently have the constitutional right
to enact laws, amend the constitution or repeal laws by initiative or
referendum. Section 13 of Article 3 of the constitution provides that no
law shall be enacted except by bill. Section 14 of Article 3 of the
constitution provides that no bill shall become law except by the assent
of a majority of the members elected to each branch of the Legislature.
Section 1 of Article 19 of the Constitution provides that proposed
amendments to the Constitution shall be effective if they are agreed to
by a majority of. the members of both branches of two successive Legis-
latures and subsequently approved by a majority of the electors voting
thereon. Section 7 of Article 4 of the Constitution provides that every
bill that passes the Legislature must be presented to the Governor for
approval. Section 16 of Article 3 provides that no act shall be passed
which provides that an existing law shall be deemed a part of the act,
except by inserting the law into the act. Amending the State constitu-
tion to allow initiative and referendum will provide the citizens of New
York the ability to enact laws which are specifically addressed to their
concerns. This procedure is a reflection of the basic tenet of democracy
which embodies government by the people, of the People and for the
People. I&R is an integral mechanism for voters to exercise a direct and
active role. in enacting and defeating laws. The People of New York
deserve a greater voice in government and will citizenry. I&R will
provide voters stronger representation and allow them to act when their
elected representatives fail to do so.
 
LEGISLATIVE HISTORY:
2023-2024: S.2290 Referred to Judiciary/A.2933 Referred to Judiciary
2021-2022: S.5864 Referred to Judiciary/A.4674 Referred to Judiciary
2019-2020: S.70 Referred to Judiciary
2017-2018: S.404 Referred to Senate Judiciary
2015-2016: S.879 Referred to Senate Judiciary
2013-2014: S.4049 Referred to Senate Judiciary
2012: S.709 Committed to Rules
2011: Passed Senate
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Resolved (if the Assembly concur), That the foregoing amendments be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.