What's happening
This bill proposes a constitutional amendment to allow New York voters to enact laws and constitutional amendments by public initiative through petition and statewide vote.
Why it matters
Empowers citizens to directly propose and vote on new laws or constitutional changes. giving New Yorkers a formal mechanism to bypass the legislature when they feel urgent issues aren’t being addressed.
Establishes a relatively accessible threshold (25,000 signatures) for qualifying initiatives. , making it possible for grassroots campaigns and community groups to place measures on the statewide ballot if their proposals have been previously introduced in the legislature.
Imposes important restrictions to ensure clarity and fairness. for example, initiatives must address only one subject, cannot apply differently to specific regions based on local vote outcomes, and may not contain alternative or contingent provisions.
Limits legislative override of voter-approved statutes. by requiring that any repeal or amendment of such laws must be approved by voters (unless the original initiative allows legislative changes without a public vote), thus protecting the integrity of laws enacted by popular initiative.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Let Voters Propose Laws
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Voters Propose Laws
In Assembly Committee · Judiciary · Sponsor Brian Barnwell
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
820
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition of a new article 20 to the constitution, in relation to providing for initiative
Section 1. Resolved (if the Assembly concur), That article 20 of the constitution be renumbered article 21 and a new article 20 be added to read as follows:
ARTICLE XX
INITIATIVE
Section 1. 1. The initiative is the power of the electors to propose statutes and amendments to the constitution and to adopt or reject them.
2. An initiative measure may be proposed by presenting to the secretary of state a petition that sets forth the text of the proposed statute or amendment to the constitution having statewide significance and is certified to have been signed by twenty-five thousand electors.
3. The proposed statute or amendment to the constitution shall have been previously introduced during a legislative session of the state.
4. The secretary of state shall then submit the measure at the next general election held at least one hundred thirty-one days after it qualifies or at any special statewide election held prior to that general election. The governor may call a special statewide election for the measure.
5. An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.
6. An initiative measure shall not include or exclude any political subdivision of the state from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of that political subdivision.
7. An initiative measure shall not contain alternative or cumulative 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.
LBD89042-01-7
S. 820 2
depending upon the casting of a specified percentage of votes for or against the measure.
§ 2. 1. An initiative statute approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise.
2. If provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail.
3. The legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval.
4. Prior to circulation of an initiative petition for signatures, a copy shall be submitted to the attorney general who shall prepare a legislative bill draft of the measure.
5. The legislature shall provide the manner in which petitions shall be circulated, presented, and certified, and measures submitted to the electors.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition of a new article 20 to the constitution, in relation to providing for initiative
Purpose or general idea of bill
To provide voters with the opportunity to vote on important issues through a referendum.
Summary of specific provisions
Article 20 of the constitution be renumbered article 21 and the new article 20 be added. Section 1.1 the initiative is the power of the electors to propose statutes an amendment to the constitution and to adopt or reject them. 2. An initiative measures may be proposed by presenting to the secretary of state a petition that sets forth the text of the proposed statue or amendment to the constitution and is certified to have been signed by twenty-five thousand electors. 3. The proposed statue or amendment to the constitution shall have been previously introduced during a legislative session of the state. 4. The secretary of state shall then submit the measure at the next general election held at least one hundred thirty-one days after it qualifies or at any special state- wide election held prior to the general election. The governor may call a special statewide election for the measure. 5. An initiative measure embracing more than one subject may not be submitted to the electors or have any effect. 6. An imitative measure shall not include or exclude any political subdivision of the state from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of that political subdivision. 7. An initiative measure shall not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure. Section 2.1 An initiative statute approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. 2. If provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail. 3. The legislature may amend or repeal an initiative statue by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendments or repeal without their approval. 4. Prior to circulation of an initiative petition for signatures, a copy shall be submitted to the attorney general who shall prepare a legislative bill draft of the measure. 5. The legislature shall provide the manner in which petitions shall be circulated, presented, and certified, and measures submitted to the electors. The foregoing amendment to 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 article 19 of the constitution, be published for 3 months previous to the time of such election.
Read the full memo (616 words)
Justification
The bills that are passed in the Assembly are often times not the same bills that voters identify as important; in fact, those bills do not often make it to the floor. This bill would give voters a voice in the legislative process.
Prior legislative history
S.5145 of 2015-2016; Attorney-General opinion referred to Judiciary.
Fiscal implications
None
Effective date
Resolved (if the Assembly concur), That the foregoing amendment 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.