Assembly Bill A435B

Signed By Governor
2023-2024 Legislative Session

Provides that a proceeding challenging apportionment by the legislature shall be brought in certain designated courts

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Current Bill Status Via S8638 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A435 - Details

See Senate Version of this Bill:
S8638
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §506, CPLR, amd §§1 & 5, Chap 773 of 1911
Versions Introduced in 2021-2022 Legislative Session:
A10693

2023-A435 - Summary

Provides that a proceeding challenging apportionment by the legislature shall be brought in certain designated courts in a judicial department within which at least one petitioner resides.

2023-A435 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    435
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT 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 bringing any such review  to
   the supreme court of Albany county
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 1 and 5 of chapter 773 of the laws of 1911  relat-
 ing  to providing for a procedure for the prompt review of an apportion-
 ment by the legislature or other body, are amended to read as follows:
   Section 1. An apportionment by the legislature  shall  be  subject  to
 review by the supreme court OF ALBANY COUNTY at the suit of any citizen,
 upon  the  petition  of any citizen to the supreme court [where any such
 petitioner resides] OF ALBANY COUNTY and upon such service thereof  upon
 the  attorney-general,  the  president of the senate, the speaker of the
 assembly and the governor, as a justice of the supreme court  OF  ALBANY
 COUNTY may direct.
   §  5. [No limitation of the time for commencing an action shall affect
 any proceeding hereinbefore mentioned, or any] AN ACTION UNDER THIS  ACT
 MUST  BE COMMENCED WITHIN FOURTEEN DAYS AFTER THE APPORTIONMENT AT ISSUE
 SHALL BECOME LAW. ANY appeal in any existing  action  or  proceeding  in
 which  the  validity  of  an  apportionment  is  or  may be in issue, if
 commenced within the period during which such apportionment is in  force
 MAY  CONTINUE;  and nothing in this act shall impair any existing remedy
 by which the validity of an apportionment may be determined.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00349-01-3

2023-A435A - Details

See Senate Version of this Bill:
S8638
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §506, CPLR, amd §§1 & 5, Chap 773 of 1911
Versions Introduced in 2021-2022 Legislative Session:
A10693

2023-A435A - Summary

Provides that a proceeding challenging apportionment by the legislature shall be brought in certain designated courts in a judicial department within which at least one petitioner resides.

2023-A435A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  435--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Governmental Operations -- recommitted to  the  Committee
   on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
   -- 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:
 
   Section 1.  Article 8 of the state law is  amended  by  adding  a  new
 title 4 to read as follows:
                                 TITLE IV
             ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT
 SECTION 130. ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT.
   §  130. ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT. A. AN APPOR-
 TIONMENT BY THE LEGISLATURE SHALL BE SUBJECT TO REVIEW  BY  THE  SUPREME
 COURT  OF ALBANY COUNTY AT THE SUIT OF ANY CITIZEN, UPON THE PETITION OF
 ANY CITIZEN TO THE SUPREME COURT OF ALBANY COUNTY AND UPON SUCH  SERVICE
 THEREOF  UPON  THE  ATTORNEY  GENERAL,  THE  TEMPORARY  PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY AND THE GOVERNOR, AS  A  JUSTICE  OF
 THE SUPREME COURT OF ALBANY COUNTY MAY DIRECT.
   B. NO LIMITATION OF THE TIME FOR COMMENCING AN ACTION SHALL AFFECT ANY
 PROCEEDING  HEREINBEFORE MENTIONED, OR ANY APPEAL IN ANY EXISTING ACTION
 OR PROCEEDING IN WHICH THE VALIDITY OF AN APPORTIONMENT IS OR MAY BE  IN
 ISSUE, IF COMMENCED WITHIN THE PERIOD DURING WHICH SUCH APPORTIONMENT IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00349-05-4

2023-A435B (ACTIVE) - Details

See Senate Version of this Bill:
S8638
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §506, CPLR, amd §§1 & 5, Chap 773 of 1911
Versions Introduced in 2021-2022 Legislative Session:
A10693

2023-A435B (ACTIVE) - Summary

Provides that a proceeding challenging apportionment by the legislature shall be brought in certain designated courts in a judicial department within which at least one petitioner resides.

2023-A435B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  435--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Governmental Operations -- recommitted to  the  Committee
   on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted to said committee -- again reported from said commit-
   tee with amendments, ordered reprinted as amended and  recommitted  to
   said committee
 
 AN  ACT to amend the civil practice law and rules, in relation to desig-
   nating the venue where proceedings challenging  apportionment  by  the
   legislature  shall  be commenced; 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 certain designated courts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision (b) of section 506 of the civil  practice  law
 and rules is amended by adding a new paragraph 5 to read as follows:
   5.  A PROCEEDING CHALLENGING APPORTIONMENT BY THE LEGISLATURE SHALL BE
 COMMENCED IN THE SUPREME COURT IN ANY OF THE FOLLOWING DESIGNATED  COUN-
 TIES IN A JUDICIAL DEPARTMENT WHERE AT LEAST ONE PETITIONER RESIDES:
   (I) FIRST JUDICIAL DEPARTMENT: NEW YORK COUNTY;
   (II) SECOND JUDICIAL DEPARTMENT: WESTCHESTER COUNTY;
   (III) THIRD JUDICIAL DEPARTMENT: ALBANY COUNTY; OR
   (IV) FOURTH JUDICIAL DEPARTMENT: ERIE COUNTY.
   §  2. Sections 1 and 5 of 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, are amended to read as follows:
   Section  1.  An  apportionment  by the legislature shall be subject to
 review [by the supreme court] at the suit of any citizen, upon the peti-
 tion of any citizen to the supreme court IN ANY OF THE FOLLOWING  DESIG-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00349-08-4

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