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A6240Assembly2019-2020 SessionSame asS5139

Let Petitioners Choose Court

Official title

“Designates venue of certain special proceedings against certain state bodies or officers”

Sponsor William MagnarelliAD-129Affects Legal
Status
Vetoed
Impact
4/10
Low
Outcome
Vetoed

Bill progress

Vetoed

What's happening

This bill allows certain legal proceedings against New York state agencies to be filed either in Albany County or where the petitioner resides or has its principal place of business, except for cases against the Public Service Commission, which remain in Albany.

Why it matters

  1. Makes it easier for individuals and businesses to challenge certain New York state agencies. by allowing them to file legal proceedings in their local judicial district rather than traveling to Albany, potentially reducing costs and barriers to access to justice.

  2. Could lead to greater regional diversity in court rulings on state agency actions. , since cases could be heard by judges outside of Albany, possibly resulting in less centralized legal precedents and more varied interpretations.

  3. Excludes the Public Service Commission from the new venue options. , meaning that any legal challenges against this powerful regulatory body must still be filed in Albany, preserving the status quo for utility and energy-related disputes.

  4. May increase the workload for courts outside Albany. and shift the balance of litigation risks for state agencies, which may now have to defend actions in multiple locations across the state.

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Who cares

  • Petitioners challenging listed state bodies or officers

    The bill would let them bring covered proceedings in Albany County or in the judicial district where they reside or have their principal place of business.

  • Regents and commissioner of education

    Proceedings against them could be brought outside Albany County under the expanded venue options.

  • Tax, transportation, agriculture and other listed state officials and agencies

    They could face covered proceedings in petitioners’ home judicial districts rather than exclusively in Albany County, with the existing Tax Law exception preserved.

  • Public Service Commission and petitioners challenging it

    Proceedings against the commission would remain restricted to Supreme Court in Albany County.

Headline styles

Let Petitioners Choose Court

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
William Magnarelli

Assembly Member · Assembly District 129

Chair, Transportation

No co-sponsors yet.

History

  1. Tabled
  2. Vetoed memo.125
  3. Delivered to governor
  4. Returned to assembly
  5. Passed senateVote 62–0
  6. 3rd reading cal.1506
  7. Substituted for S5139
  8. Referred to rules
  9. Delivered to senate
  10. Passed assembly
  11. Advanced to third reading cal.527
  12. Reported
Show 1 earlier action
  1. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5139Senate

Expand Venue for State Lawsuits

Senate Floor Calendar · Sponsor Brian Kavanagh

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6240

2019-2020 Regular Sessions

IN ASSEMBLY

March 4, 2019

Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to the venue for certain special proceedings

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

Section 1. Paragraph 2 of subdivision (b) of section 506 of the civil practice law and rules, as amended by chapter 47 of the laws of 1992, is amended to read as follows:

2. a proceeding against the regents of the university of the state of New York, the commissioner of education, the commissioner of taxation and finance, the tax appeals tribunal, except as provided in section two thousand sixteen of the tax law, the public service commission, the commissioner or the department of transportation relating to [articles] article three, four, five, six, seven, eight, nine, or ten of the transportation law or to the railroad law, the water resources board, the comptroller, or the department of agriculture and markets[, shall] may be commenced in the supreme court, Albany county or in the judicial district in which the petitioner resides or has its principal place of business; provided, however, that a proceeding against the public service commission shall only be commenced in the supreme court, Albany county.

§ 2. This act shall take effect one year after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08514-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.