Bill Text: NY S03292 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides that any review of apportionment by the legislature shall be brought in the supreme court of Albany county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S03292 Detail]

Download: New_York-2023-S03292-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3292--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations -- recommitted to the Committee on Investigations  and
          Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the state law, in relation to providing for a  procedure
          for  review of an apportionment by the legislature or other body which
          brings any such review to the supreme court of Albany county;  and  to
          amend  chapter  773  of  the laws of 1911 relating  to providing for a
          procedure for the prompt review of an apportionment by the legislature
          or other body, in relation to  requiring  that  apportionment  by  the
          legislature  shall be subject to review by the supreme court of Albany
          county

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.    Article  8  of the state law is amended by adding a new
     2  title 4 to read as follows:
     3                                  TITLE IV
     4              ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT
     5  Section 130. Actions or proceedings challenging apportionment.
     6    § 130. Actions or proceedings challenging apportionment. a. An  appor-
     7  tionment  by  the  legislature shall be subject to review by the supreme
     8  court of Albany county at the suit of any citizen, upon the petition  of
     9  any  citizen to the supreme court of Albany county and upon such service
    10  thereof upon the  attorney  general,  the  temporary  president  of  the
    11  senate,  the  speaker  of the assembly and the governor, as a justice of
    12  the supreme court of Albany county may direct.
    13    b. No limitation of the time for commencing an action shall affect any
    14  proceeding hereinbefore mentioned, or any appeal in any existing  action

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00349-04-4
        S. 3292--B                          2

     1  or  proceeding in which the validity of an apportionment is or may be in
     2  issue, if commenced within the period during which such apportionment is
     3  in force may exist; and nothing in this act shall  impair  any  existing
     4  remedy by which the validity of an apportionment may be determined.
     5    §  2.  The state law is amended by adding a new section 114 to read as
     6  follows:
     7    § 114. Actions or proceedings challenging apportionment. 1. An  appor-
     8  tionment by the legislature shall be subject to review  by  the  supreme
     9  court  of Albany county at the suit of any citizen, upon the petition of
    10  any citizen to the supreme court of Albany county and upon such  service
    11  thereof   upon   the   attorney general,  the temporary president of the
    12  senate, the speaker of the assembly and the governor, as a justice    of
    13  the  supreme court of Albany county may direct.
    14    2. No limitation of the time for commencing an action shall affect any
    15  proceeding  hereinbefore mentioned, or any appeal in any existing action
    16  or proceeding in which the validity of an apportionment is or may be  in
    17  issue, if commenced within the period during which such apportionment is
    18  in  force  may  exist; and nothing in this act shall impair any existing
    19  remedy by which the validity of an apportionment may be determined.
    20    §  3. Sections 1 and 5 of chapter 773 of the laws of 1911 relating  to
    21  providing for a procedure for the prompt review of an  apportionment  by
    22  the legislature or other body, are amended to read as follows:
    23    Section  1.  An  apportionment  by the legislature shall be subject to
    24  review by the supreme court of Albany county at the suit of any citizen,
    25  upon the petition of any citizen to the supreme court  [where  any  such
    26  petitioner resides] of Albany county and upon such service thereof  upon
    27  the attorney-general, the temporary president of the senate, the speaker
    28  of  the  assembly and the governor, as a justice of the supreme court of
    29  Albany county may direct.
    30    § 5. No limitation of the time for commencing an action  shall  affect
    31  any  proceeding  hereinbefore  mentioned,  or any appeal in any existing
    32  action or proceeding in which the validity of an apportionment is or may
    33  be in issue, if commenced within the period during which such apportion-
    34  ment is in force may exist; and nothing in this  act  shall  impair  any
    35  existing  remedy by which the validity of an apportionment may be deter-
    36  mined.
    37    § 4. This act shall take effect immediately.