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Senate Bill S3292B

2023-2024 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2023-S3292 - Details

Current Committee:
Senate Rules
Law Section:
State Law
Laws Affected:
Add Art 8 Title 4 §130, §114, State L; amd §§1 & 5, Chap 773 of 1911

2023-S3292 - Summary

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

2023-S3292 - Sponsor Memo

2023-S3292 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3292
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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
 
 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-S3292A - Details

Current Committee:
Senate Rules
Law Section:
State Law
Laws Affected:
Add Art 8 Title 4 §130, §114, State L; amd §§1 & 5, Chap 773 of 1911

2023-S3292A - Summary

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

2023-S3292A - Sponsor Memo

2023-S3292A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3292--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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
 
 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
 
   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  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
 IN  FORCE  MAY  EXIST; 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.
                                                            LBD00349-02-4

2023-S3292B (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
State Law
Laws Affected:
Add Art 8 Title 4 §130, §114, State L; amd §§1 & 5, Chap 773 of 1911

2023-S3292B (ACTIVE) - Summary

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

2023-S3292B (ACTIVE) - Sponsor Memo

2023-S3292B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3292--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00349-04-4

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