What's happening
This bill allows certain legal proceedings against state agencies to be commenced in the petitioner’s judicial district or Albany County, with exceptions for the Public Service Commission.
Why it matters
Increases accessibility for New Yorkers. By allowing certain lawsuits against state agencies to be filed in the petitioner’s home judicial district (not just Albany County), the bill makes it easier for individuals and businesses across the state to challenge agency actions without the burden of traveling to Albany.
Potential for more diverse judicial perspectives. Cases involving state agencies could now be heard by local judges in different judicial districts, rather than being concentrated in courts in Albany. This could lead to a broader range of legal interpretations and outcomes.
Maintains centralized review for Public Service Commission (PSC). The bill carves out an exception for the PSC, meaning legal challenges against it must still be brought in Albany County. This keeps energy and utility policy litigated centrally, likely due to the statewide impact and complexity of PSC decisions.
Could impact agency accountability. By lowering barriers to legal action for people and businesses outside Albany, the bill might make state agencies more responsive to concerns from all regions of New York, not just those adjacent to the state capital.
Albany, before your first meeting.
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Who cares
Headline styles
Expand Venue for State Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
1 Co-sponsor
History
- Substituted by A6240
- Ordered to third reading cal.1506
- Committee discharged and committed to rules
- Referred to judiciary
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.
Let Petitioners Choose Court
Vetoed · Sponsor William Magnarelli
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5139
2019-2020 Regular Sessions
IN SENATE
April 11, 2019
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
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.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to the venue for certain special proceedings
Purpose
Current law allows that certain proceedings can be filed in Albany Coun- ty Supreme Court. This bill allows these proceedings to be filed at other locations throughout the state.
Summary of provisions
Section 1 amends Section 506 of the Civil Practice Law and Rules to allow certain proceedings against certain regulatory state agencies to be commenced in the judicial district where the petitioner resides instead of only in Albany.
Section 2 sets forth the effective date.
Justification
Current law allows that proceedings against certain State regulatory agencies be commenced in Supreme Court, Albany County. Citizens should have the opportunity to file proceedings in the area in which they reside, not just in Albany.
Prior legislative history
2018: 57086 (Kavanagh)/A1599 (Magnarelli) - Vetoed 2017: S488 (Squadron)/A1599 (Magnarelli) - Referred to Judiciary 2016: S574 (Squadron)/A1547 (Magnarelli) - Referred to Judiciary/passed Assembly 2015: S574 (Squadron)/A1547 (Magnarelli) - Referred to Judiciary/passed Assembly 2014: S165 (Squadron)/A479 (Magnarelli) - Referred to Judiciary/passed Assembly 2013: S165 (Squadron)/A479 (Magnarelli) - Referred to Judiciary/passed Assembly 2012: S28 (Squadron)/A6245 (Magnarelli) - Referred to Judiciary/passed Assembly 2011: S28 (Squadron)/A6245 (Magnarelli) - Committed to Judiciary/passed Assembly
2010:57401(Squadron)/A5197(Brodsky)- Referred to Codes/passed Assembly 2009:A5197(Brodsky)-Passed Assembly 2008:A3891(Brodsky) -Passed Assembly 2007:A3891(Brodsky)-Passed Assembly 2006:A892(Brodsky) - Passed Assembly 2005:A892(Brodsky) - Passed Assembly 2004:A1224(Brodsky)-Passed Assembly 2003:A1224(Brodsky) -Passed Assembly 2002:A1849(Brodsky)-Passed Assembly 2001:A1849(Brodsky)-Passed Assembly 2000:55142(Lack)/All(Brodsky)- Referred to Codes/passed Assembly 1999:55142(Lack)/All(Brodsky)- Referred to Codes/passed Assembly 1998:53433(Meier)/A237(Brodsky) - Referred to Codes/passed Assembly 1997:S3433(Meier)/A237(Brodsky) - Referred to Codes/passed Assembly 1996:S6940(Sears)/A459(Brodsky) - Referred to Codes/passed Assembly 1995:56940(Sears)/A459(Brodsky) - Referred to Codes/passed Assembly
Fiscal implication
Minimal impact on administrative costs.
Effective date
This act shall take effect one year after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.