Proposes an amendment to the constitution providing the electors with the power of initiative, indirect initiative and referendum

Section 2 addresses initiative. An initiative is the power of the elec- tors to propose amendments to the Constitution and to propose laws and to adopt or reject them. A statewide initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of a proposed amendment to the Constitution and is certified to have been signed by electors equal in number to nine per centum of the number of votes cast for all candidates for Governor at the last guber- natorial election. A local government initiative requires the signatures of registered electors of at least thirty thousand, or five percent of the votes cast in such local government for all candidates for Governor at the last gubernatorial election, whichever is less.

Section 3 addresses indirect initiative. An indirect initiative is the power of the electors to present proposed laws to the Legislature for its action on such proposed laws and is, in the event of the Legisla- ture's failure to pass such proposed laws in the form presented, the power of the electors to adopt or reject the same. The indirect initi- ative may be proposed by presenting to the Secretary of State, not less than ten days prior to the commencement of any Session of the Legisla- ture, a petition that sets forth .the text of a proposed law and is certified to have been signed by electors equal in number to three per centum of the number of votes cast for all candidates for Governor at the last gubernatorial election.

Section 4 addresses referendum. A referendum is the power of the elec- tors to approve or reject certain laws or parts of laws. A referendum measure may be proposed by presenting to the Secretary of State a peti- tion certified to have been signed by electors equal in number to five per centum of the votes cast for all candidates for Governor in the last gubernatorial election Requiring that such law he submitted to the elec- tors as herein provided.

Section 2 - Effective Date

Justification

Initiative is a process available for the public to make decisions on public policy issues.

When elected officials fail to act on measures that a significant number of the people of the state or a local community believe are necessary, there should be a mechanism for the people to independently consider and vote on such measures. There are some political issues that require active public participation. In fact, many landmark topics (direct election of Senators, abolition of poll taxes, workers' compensation laws, and mandatory state tax-cutting initiatives) have been decided by the voters. Initiative and referendum will better enable the Legisla- ture to understand and respond to the concerns of the public by provid- ing voters a greater voice in the democratic process.

Legislative history

2011-12: S.4001 -- JUDICIARY 2010: S.3525 -- JUDI- CIARY

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.