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.
