Provides a constitutional right of the people to direct petition and response whereby the legislature must act on a direct petition and response from the electorate.
STATE OF NEW YORK
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4969
2009-2010 Regular Sessions
IN ASSEMBLY
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
1 Section 1. Resolved (if the Senate 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 Direct Petition and Response
6 Section 1. The people reserve to themselves the power to directly
7 petition the legislature, called the direct petition and response, and
8 to require the legislature to provide a direct and immediate response.
9 To invoke the direct petition and response, petitions signed by a number
10 of registered electors, not less than ten percent of the total vote cast
11 for all candidates for governor at the last preceding general election
12 at which a governor was elected shall be required. Any law or policy
13 proposed by direct petition and response shall be considered by the
14 legislature and must either be enacted or rejected in whole or amended
15 by the legislature within forty session days from the time such petition
16 is received by the legislature. In the event of the failure of the
17 legislature to so act within said period, neither house of the legisla-
18 ture shall consider any other bill until such direct petition and
19 response shall have been finally acted on by both houses, notwithstand-
20 ing a message from the governor certifying to the necessity of the imme-
21 diate passage of such a bill. The legislature may reject any measure so
22 proposed by direct petition and response and propose a different measure
23 upon the same subject by a yea and nay vote upon separate roll calls. If
24 the direct petition and response or a proposed alternative upon the same
25 subject receives the assent of a majority of the members elected to each
26 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
1 proposed alternative upon the same subject shall be presented to the
2 governor for action.
3 § 2. Resolved (if the Senate concur), That the foregoing amendment be
4 referred to the first regular legislative session convening after the
5 next succeeding general election of members of the assembly, and, in
6 conformity with section 1 of article 19 of the constitution, be
7 published for 3 months previous to the time of such election.
