Bill Text: NY A04969 | 2009-2010 | General Assembly | Introduced

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Bill Title: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to the constitution, in relation to direct petition and response

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A04969 Detail]

Download: New_York-2009-A04969-Introduced.html

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                           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
                                      ___________
       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    S  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.