Effective: 2017-2018
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The bill would amend Chapter 2 (Of the Legislature) of the Revised Statutes of 1846 to do the following:
- Authorize the Legislature and each house of the Legislature to intervene in any action commenced in any State court whenever that house or the Legislature deemed it necessary to protect a right or interest of that body because a party challenged the constitutionality of a statute, or the validity of legislation or an action of the Legislature.
- Specify that the right to intervene would exist at any stage of the proceeding.
- Specify that the Legislature, and each house, would have the same right to prosecute an appeal, or to apply for a rehearing or to take any other action that would be had or possessed by any of the parties to the litigation.
- Specify that the bill would be self-executing, but that each house of the Legislature could adopt rules or policies to facilitate its operation.
- Specify that the bill would not limit any right or duty of the Attorney General provided by law.
- Specify that intervention would not be a waiver of legislative immunity.The right to intervene would apply to all matters pending in any court of the State as of the bill’s effective date, or any filed later in a court of the State