STATE OF NEW YORK ________________________________________________________________________ 435--A 2023-2024 Regular Sessions IN ASSEMBLY 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: 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 15 or proceeding in which the validity of an apportionment is or may be in 16 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
A. 435--A 2 1 in force may exist; and nothing in this act shall impair any existing 2 remedy by which the validity of an apportionment may be determined. 3 § 2. The state law is amended by adding a new section 114 to read as 4 follows: 5 § 114. Actions or proceedings challenging apportionment. 1. An appor- 6 tionment by the legislature shall be subject to review by the supreme 7 court of Albany county at the suit of any citizen, upon the petition of 8 any citizen to the supreme court of Albany county and upon such service 9 thereof upon the attorney general, the temporary president of the 10 senate, the speaker of the assembly and the governor, as a justice of 11 the supreme court of Albany county may direct. 12 2. No limitation of the time for commencing an action shall affect any 13 proceeding hereinbefore mentioned, or any appeal in any existing action 14 or proceeding in which the validity of an apportionment is or may be in 15 issue, if commenced within the period during which such apportionment is 16 in force may exist; and nothing in this act shall impair any existing 17 remedy by which the validity of an apportionment may be determined. 18 § 3. Sections 1 and 5 of chapter 773 of the laws of 1911 relating to 19 providing for a procedure for the prompt review of an apportionment by 20 the legislature or other body, are amended to read as follows: 21 Section 1. An apportionment by the legislature shall be subject to 22 review by the supreme court of Albany county at the suit of any citizen, 23 upon the petition of any citizen to the supreme court [where any such 24 petitioner resides] of Albany county and upon such service thereof upon 25 the attorney-general, the temporary president of the senate, the speaker 26 of the assembly and the governor, as a justice of the supreme court of 27 Albany county may direct. 28 § 5. No limitation of the time for commencing an action shall affect 29 any proceeding hereinbefore mentioned, or any appeal in any existing 30 action or proceeding in which the validity of an apportionment is or may 31 be in issue, if commenced within the period during which such apportion- 32 ment is in force may exist; and nothing in this act shall impair any 33 existing remedy by which the validity of an apportionment may be deter- 34 mined. 35 § 4. This act shall take effect immediately.