S T A T E O F N E W Y O R K
________________________________________________________________________
4969
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. BRODSKY, HOYT, GALEF -- 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 direct peti-
tion and response
Section 1. Resolved (if the Senate concur), That article 20 of the
constitution be renumbered article 21 and a new article 20 be added to
read as follows:
ARTICLE XX
DIRECT PETITION AND RESPONSE
SECTION 1. THE PEOPLE RESERVE TO THEMSELVES THE POWER TO DIRECTLY
PETITION THE LEGISLATURE, CALLED THE DIRECT PETITION AND RESPONSE, AND
TO REQUIRE THE LEGISLATURE TO PROVIDE A DIRECT AND IMMEDIATE RESPONSE.
TO INVOKE THE DIRECT PETITION AND RESPONSE, PETITIONS SIGNED BY A NUMBER
OF REGISTERED ELECTORS, NOT LESS THAN TEN PERCENT OF THE TOTAL VOTE CAST
FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST PRECEDING GENERAL ELECTION
AT WHICH A GOVERNOR WAS ELECTED SHALL BE REQUIRED. ANY LAW OR POLICY
PROPOSED BY DIRECT PETITION AND RESPONSE SHALL BE CONSIDERED BY THE
LEGISLATURE AND MUST EITHER BE ENACTED OR REJECTED IN WHOLE OR AMENDED
BY THE LEGISLATURE WITHIN FORTY SESSION DAYS FROM THE TIME SUCH PETITION
IS RECEIVED BY THE LEGISLATURE. IN THE EVENT OF THE FAILURE OF THE
LEGISLATURE TO SO ACT WITHIN SAID PERIOD, NEITHER HOUSE OF THE LEGISLA-
TURE SHALL CONSIDER ANY OTHER BILL UNTIL SUCH DIRECT PETITION AND
RESPONSE SHALL HAVE BEEN FINALLY ACTED ON BY BOTH HOUSES, NOTWITHSTAND-
ING A MESSAGE FROM THE GOVERNOR CERTIFYING TO THE NECESSITY OF THE IMME-
DIATE PASSAGE OF SUCH A BILL. THE LEGISLATURE MAY REJECT ANY MEASURE SO
PROPOSED BY DIRECT PETITION AND RESPONSE AND PROPOSE A DIFFERENT MEASURE
UPON THE SAME SUBJECT BY A YEA AND NAY VOTE UPON SEPARATE ROLL CALLS. IF
THE DIRECT PETITION AND RESPONSE OR A PROPOSED ALTERNATIVE UPON THE SAME
SUBJECT RECEIVES THE ASSENT OF A MAJORITY OF THE MEMBERS ELECTED TO EACH
BRANCH OF THE LEGISLATURE, SUCH DIRECT PETITION AND RESPONSE OR A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89100-01-9
A. 4969 2
PROPOSED ALTERNATIVE UPON THE SAME SUBJECT SHALL BE PRESENTED TO THE
GOVERNOR FOR ACTION.
S 2. Resolved (if the Senate 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.