NY State Senate Bill 2009-S5825

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 21, 2010	referred to governmental employees delivered to assembly passed senate
Apr 12, 2010	advanced to third reading
Apr 08, 2010	2nd report cal.
Apr 07, 2010	1st report cal.334
Jan 26, 2010	reported and committed to codes
Jan 06, 2010	referred to civil service and pensions
Jun 24, 2009	print number 5825a
Jun 24, 2009	amend and recommit to rules
Jun 08, 2009	referred to rules

Votes

- Apr 21, 2010 - Floor Vote
  S5825
  
  Aye
  
  61
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Apr 21, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Espada
  Apr 7, 2010 - Codes Committee Vote
  S5825
  
  Aye
  
  16
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Apr 7, 2010
      
      aye (16)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker
  Jan 26, 2010 - Civil Service And Pensions Committee Vote
  S5825
  
  Aye
  
  11
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Civil Service And Pensions Committee Vote: Jan 26, 2010
      
      aye (11)
      
      Addabbo Jr.
      
      Dilan
      
      Fuschillo
      
      Huntley
      
      Lanza
      
      Leibell
      
      Monserrate
      
      Perkins
      
      Robach
      
      Savino
      
      Thompson
      
      aye wr (1)
      
      Hannon

Bill Amendments

Original

A (Active)

2009-S5825 - Details

Current Committee:: Assembly Governmental Employees
Law Section:: Civil Service Law
Laws Affected:: Amd §50, Civ Serv L

2009-S5825 - Summary

Relates to unlawful acts in respect to examinations.

2009-S5825 - Sponsor Memo

                                 BILL NUMBER:  S5825

 TITLE OF BILL :

An act to amend the civil service law, in relation to unlawful acts in
respect to examinations and establishing a civil penalty for
violations


 PURPOSE :

The purpose of the biB is to add provisions to the Civil Service Law
("CSL") that would prohibit the manipulation of civil service
examinations and establish a civil penalty for violations.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend CSL § 50(11) to confirm that it is
unlawful for a State officer or employee to develop a profile for a
position-specific civil service examination based on the
qualifications of a particular person in order to be able to appoint
that person; to submit a false certification, where such certification
is required by the Civil Service Department ("CSD"); and to obtain or
attempt to obtain by any manipulative or deceptive device an
appointment or promotion for any person to which he or she is not
entitled under the CSL.

Section 2 of the bill would add a new subdivision 12 to CSL § 50 to
provide a civil penalty for certain violations of CSL § 50(11). Where
the CSD finds such a violation by a State officer or employee, it may
issue an order describing the nature of the violation and providing an
opportunity to be heard, after which it may assess a civil penalty of
not more than $5,000. The offending State officer or employee may file
a petition with the State Civil Service Commission for a review of the
order. If there is no further review pending, CSD would be authorized
to file with the County Clerk of the county where the officer or
employee resides the order of the department containing the amount of
the civil penalty. The filing of such order would have the force and
effect of a judgment duly docketed in the office of such clerk.

Section 3 of the bill would provide for an immediate effective date.

 EXISTING LAW :

CSL §50(4) addresses the disqualification of applicants or eligibles
based on the misconduct of persons which includes illegality,
irregularity or fraud of a substantial nature in an application,
examination or appointment. In addition, CSL § 50(11) makes it
unlawful to impersonate another in taking an examination, to have in
one's possession questions or answers relating to any such
examination, and to sell questions or answers, among other prohibited
conduct. CSL § 106, in addition to other misconduct, makes it a
misdemeanor for persons to willfully, alone or in cooperation with
other persons, to defeat, deceive or obstruct any person in respect of
his or her right of examination, registration, certification,
appointment, promotion or reinstatement.

 PRIOR LEGISLATIVE HISTORY :

None.

 STATEMENT IN SUPPORT :

In March 2009, the New York State Inspector General found that
officials at the Department of Taxation and Finance ("DTF") had
directed actions in 2006 to secure tenured civil service positions for
certain individuals in violation of the CSL. Indeed, the Inspector
General found that manipulation and abuse of the civil service system
for hiring attorneys by DTF stretched back more than a decade. This
legislation will provide a specific· deterrent to future misconduct of
this sort and ensure that position-specific examinations remain a
credible method to determine the merit and fitness of applicants for
positions in the competitive class of the civil service.

The bill would expand the current list of specified prohibited conduct
with respect to examinations administered pursuant to the CSL. While
many of these actions fall within the broad language of current law,
the statute would provide specific and clear guidance as to the
illegality of particular manipulative conduct. The bill would confirm
that it is unlawful for State officials to manipulate the examination
process in order to favor particular applicants they would like to
appoint. These offenses, like the existing unlawful acts, would be
punishable as. Class A misdemeanors.

The bill, however, would also provide for the imposition of a civil
penalty for misconduct relating to the testing process to provide an
alternative to criminal prosecution. Given the nature of the offenses,
it would be unusual for a District Attorney or the Attorney General to
devote scarce resources to prosecuting individual cases under the CSL.
Therefore, in order to provide a credible deterrent, the bill
authorizes the CSD to assess a civil penalty for a violation of the
provisions prohibiting the manipulation of the examination process.

In short, this bill would provide CSD with new tools and the
appropriate flexibility to maintain the integrity of the civil service
examination process.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
The bill would become effective immediately.

2009-S5825 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5825

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 8, 2009
                               ___________

Introduced  by Sen. SAVINO -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

AN ACT to amend the civil service law, in relation to unlawful  acts  in
  respect   to   examinations  and  establishing  a  civil  penalty  for
  violations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 11 of section 50 of the civil service law, as
added by chapter 445 of the laws of 1991, is amended to read as follows:
  11. Unlawful acts in respect to examinations administered pursuant  to
this chapter. A person who shall:
  (a) Impersonate, or attempt to or offer to impersonate, another person
in taking an examination held pursuant to this chapter; or
  (b)  Take,  or attempt to take or offer to take such an examination in
the name of any other person; or
  (c) Procure or attempt to procure any other person to falsely imperso-
nate him or her or to take, or attempt to take or  offer  to  take,  any
such examination in his or her name; or
  (d) Have in his or her possession any questions or answers relating to
any  such  examination,  or  copies of such questions or answers, unless
such possession is duly authorized by the appropriate authorities; or
  (e) Sell or offer to sell questions or answers prepared for use in any
such examination; or
  (f) Use in any such examination any questions or answers secured prior
to the administration of the examination  or  secure  the  questions  or
secure  or prepare the answers to the examination questions prior to the
administration of the examination, unless duly authorized to  do  so  by
the appropriate authorities; or
  (g)  Disclose  or  transmit  to any person the questions or answers to
such examination prior to its administration,  or  destroy,  falsify  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12068-02-9

S. 5825                             2

conceal  the records or results of such examination from the appropriate
authorities to whom such records  are  required  to  be  transmitted  in
accordance  with  this  chapter,  unless duly authorized to do so by the
appropriate authorities; OR
  (H)  DEVELOP  OR  INDUCE  OR  ATTEMPT  TO  INDUCE ANY OTHER OFFICER OR
EMPLOYEE TO DEVELOP A PROFILE FOR A POSITION-SPECIFIC EXAMINATION  BASED
SOLELY  ON HIS OR HER EDUCATION OR EXPERIENCE OR THE EDUCATION AND EXPE-
RIENCE OF ANY KNOWN CANDIDATE OR CANDIDATES; OR
  (I) SUBMIT A FALSE CERTIFICATION, WHERE SUCH CERTIFICATION IS REQUIRED
BY THE DEPARTMENT; OR
  (J) OBTAIN OR ATTEMPT TO OBTAIN OR AID OR ABET BY ANY MANIPULATIVE  OR
DECEPTIVE  DEVICE AN APPOINTMENT OR PROMOTION FOR ANY PERSON TO WHICH HE
OR SHE IS NOT ENTITLED UNDER THIS CHAPTER;
shall be guilty of a class A misdemeanor punishable  by  a  sentence  of
imprisonment  of  six months or a fine of one thousand dollars, or both.
Additionally, a person who is found by the state civil  service  depart-
ment  or  municipal  commission  to  have violated this section shall be
disqualified from appointment to the position for which the  examination
is  being  held  and  may be disqualified from being a candidate for any
civil service examination for a period of five years.
  S 2. Section 50 of the civil service law is amended by  adding  a  new
subdivision 12 to read as follows:
  12.  IN  ADDITION  TO  THE PENALTY PRESCRIBED IN SUBDIVISION ELEVEN OF
THIS SECTION: (A) WHERE THE DEPARTMENT FINDS THAT AN OFFICER OR EMPLOYEE
HAS VIOLATED SUBDIVISION ELEVEN OF THIS SECTION, OR A RULE OR REGULATION
PROMULGATED THEREUNDER, THE DEPARTMENT  MAY  BY  AN  ORDER  WHICH  SHALL
DESCRIBE  PARTICULARLY THE NATURE OF THE VIOLATION AND PROVIDE AN OPPOR-
TUNITY TO BE HEARD THEREON, ASSESS  THE  OFFICER  OR  EMPLOYEE  A  CIVIL
PENALTY  OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR SUCH VIOLATION. SUCH
PENALTY SHALL BE PAID TO THE DEPARTMENT FOR DEPOSIT IN THE  TREASURY  OF
THE  STATE. IN ASSESSING THE AMOUNT OF THE PENALTY, THE DEPARTMENT SHALL
GIVE DUE CONSIDERATION TO THE PARTICULAR CIRCUMSTANCES OF THE  VIOLATION
INCLUDING  BUT  NOT LIMITED TO WHETHER THE VIOLATION WAS KNOWING, INTEN-
TIONAL AND/OR WILLFUL, WHETHER THE VIOLATION WAS DONE ALONE OR IN  COOP-
ERATION  WITH OTHERS, THE HISTORY OF PREVIOUS VIOLATIONS, ANY ATTEMPT TO
HIDE THE VIOLATION AND THE GRAVITY OF THE VIOLATION.
  (B) ANY ORDER ISSUED UNDER SUBDIVISION ONE OF THIS  SECTION  SHALL  BE
DEEMED  A FINAL ORDER OF THE DEPARTMENT AND NOT SUBJECT TO REVIEW BY ANY
COURT OR AGENCY UNLESS THE OFFICER OR EMPLOYEE FILES A  TIMELY  PETITION
WITH  THE  COMMISSION FOR A REVIEW OF THE ORDER, PURSUANT TO SUBDIVISION
FIVE OF SECTION SIX OF THIS CHAPTER.
  (C) PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDICIAL  REVIEW
SHALL  THEN  BE  PENDING  AND THE TIME FOR INITIATION OF SUCH PROCEEDING
SHALL HAVE EXPIRED, THE DEPARTMENT MAY FILE WITH THE COUNTY CLERK OF THE
COUNTY WHERE THE OFFICER OR EMPLOYEE RESIDES THE ORDER OF THE DEPARTMENT
CONTAINING THE AMOUNT OF THE CIVIL PENALTY. THE  FILING  OF  SUCH  ORDER
SHALL  HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE
OFFICE OF SUCH CLERK. THE ORDER MAY BE ENFORCED BY AND IN  THE  NAME  OF
THE  DEPARTMENT  IN  THE  SAME  MANNER,  AND  WITH  LIKE EFFECT, AS THAT
PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE ENFORCEMENT OF  A
MONEY JUDGMENT.
  S 3. This act shall take effect immediately.

2009-S5825A (ACTIVE) - Details

Current Committee:: Assembly Governmental Employees
Law Section:: Civil Service Law
Laws Affected:: Amd §50, Civ Serv L

2009-S5825A (ACTIVE) - Summary

Relates to unlawful acts in respect to examinations.

2009-S5825A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5825A

 TITLE OF BILL :

An act to amend the civil service law, in relation to unlawful acts in
respect to examinations and establishing a civil penalty for
violations


 PURPOSE :

The purpose of the bill is to add provisions to the Civil Service Law
("CSL") t would prohibit the manipulation of civil service
examinations and establish a civil penalty for violations.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend CSL § 50(11) to confirm that it is
unlawful for a State officer or employee to develop a profile for a
position-specific civil service examination based on the
qualifications of a particular person in order to be able to appoint
that person; to submit a false certification, where such certification
is required by the Civil Service Department ("CSD"); and to obtain or
attempt to obtain by any manipulative or deceptive device an
appointment or promotion for any person to which he or she is not
entitled under the CSL.

Section 2 of the bill would add a new subdivision 12 to CSL § 50 to
provide a civil penalty for certain violations of CSL § 50(11).  Where
the CSD finds such a violation by a State officer or employee, it may
issue an order describing the nature of the violation and providing an
opportunity to be heard, after which it may assess a civil penalty of
not more than $5,000. The offending State officer or employee may file
a petition with the State Civil Service Commission for a review of the
order. If there is no further review pending, CSD would be authorized
to file with the County Clerk of the county where the officer or
employee resides the order of the department containing the amount of
the civil penalty. The filing of such order would have the force and
effect of a judgment duly docketed in the office of such clerk.

Section 3 of the bill would provide for an immediate effective date.

 EXISTING LAW :

CSL §50(4) addresses the disqualification of applicants or eligibles
based on the misconduct of persons which includes illegality,
irregularity or fraud of a substantial nature in an application,
examination or appointment. In addition, CSL § 50(11) makes it
unlawful to impersonate another in taking an examination, to have in
one's possession questions or answers relating to any such
examination, and to sell questions or answers, among other prohibited
conduct. CSL § 106, in addition to other misconduct, makes it a
misdemeanor for persons to willfully, alone or in cooperation with
other persons, to defeat. deceive or obstruct any person in respect of
his or her right of examination, registration, certification,
appointment, promotion or reinstatement.

 PRIOR LEGISLATIVE HISTORY

None.

 STATEMENT IN SUPPORT :

In March 2009, the New York State Inspector General found that
officials at the Department of Taxation and Finance ("DTF") had
directed actions in 2006 to secure tenured civil service positions for
certain individuals in violation of the CSL. Indeed, the Inspector
General found that manipulation and abuse of the civil service system
for hiring attorneys by DTF stretched back more than a decade. This
legislation will provide a specific deterrent to future misconduct of
this sort and ensure that position-specific examinations remain a
credible method to determine the merit and fitness of applicants for
positions in the competitive class of the civil service.

The bill would expand the current list of specified prohibited conduct
with respect to examinations administered pursuant to the CSL. While
many of these actions fall within the broad language of current law,
the statute would provide specific and clear guidance as to the
illegality of particular manipulative conduct. The bill would confirm
that it is unlawful for State officials to manipulate the examination
process in order to favor particular applicants they would like to
appoint. These offenses, like the existing unlawful acts, would be
punishable as Class A misdemeanors.

The bill, however, would also provide for the imposition of a civil
penalty for misconduct relating to the testing process to provide an
alternative to criminal prosecution. Given the nature of the offenses,
it would be unusual for a District Attorney or the Attorney General to
devote scarce resources to prosecuting individual cases under the CSL.
Therefore, in order to provide a credible deterrent, the bill
authorizes the CSD to assess a civil penalty for a violation of the
provisions prohibiting the manipulation of the examination process.

In short, this bill would provide CSD with new tools and the
appropriate flexibility to maintain the integrity of the civil service
examination process.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
The bill would become effective immediately.

2009-S5825A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5825--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 8, 2009
                               ___________

Introduced  by Sen. SAVINO -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to amend the civil service law, in relation to unlawful acts in
  respect  to  examinations  and  establishing  a  civil   penalty   for
  violations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 11 of section 50 of the civil service  law,  as
added by chapter 445 of the laws of 1991, is amended to read as follows:
  11.  Unlawful acts in respect to examinations administered pursuant to
this chapter. A person who shall:
  (a) Impersonate, or attempt to or offer to impersonate, another person
in taking an examination held pursuant to this chapter; or
  (b) Take, or attempt to take or offer to take such an  examination  in
the name of any other person; or
  (c) Procure or attempt to procure any other person to falsely imperso-
nate  him  or  her  or to take, or attempt to take or offer to take, any
such examination in his or her name; or
  (d) Have in his or her possession any questions or answers relating to
any such examination, or copies of such  questions  or  answers,  unless
such possession is duly authorized by the appropriate authorities; or
  (e) Sell or offer to sell questions or answers prepared for use in any
such examination; or
  (f) Use in any such examination any questions or answers secured prior
to  the  administration  of  the  examination or secure the questions or
secure or prepare the answers to the examination questions prior to  the
administration  of  the  examination, unless duly authorized to do so by
the appropriate authorities; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12068-04-9

S. 5825--A                          2

  (g) Disclose or transmit to any person the  questions  or  answers  to
such  examination  prior  to  its administration, or destroy, falsify or
conceal the records or results of such examination from the  appropriate
authorities  to  whom  such  records  are  required to be transmitted in
accordance  with  this  chapter,  unless duly authorized to do so by the
appropriate authorities; OR
  (H) DEVELOP OR INDUCE OR  ATTEMPT  TO  INDUCE  ANY  OTHER  OFFICER  OR
EMPLOYEE  TO DEVELOP A PROFILE FOR A POSITION-SPECIFIC EXAMINATION BASED
SOLELY ON HIS OR HER EDUCATION OR EXPERIENCE OR THE EDUCATION AND  EXPE-
RIENCE OF ANY KNOWN CANDIDATE OR CANDIDATES; OR
  (I) SUBMIT A FALSE CERTIFICATION, WHERE SUCH CERTIFICATION IS REQUIRED
BY THE DEPARTMENT; OR
  (J)  OBTAIN OR ATTEMPT TO OBTAIN OR AID OR ABET BY ANY MANIPULATIVE OR
DECEPTIVE DEVICE AN APPOINTMENT OR PROMOTION FOR ANY PERSON TO WHICH  HE
OR SHE IS NOT ENTITLED UNDER THIS CHAPTER;
shall  be  guilty  of  a class A misdemeanor punishable by a sentence of
imprisonment of six months or a fine of one thousand dollars,  or  both.
Additionally,  a  person who is found by the state civil service depart-
ment or municipal commission to have  violated  this  section  shall  be
disqualified  from appointment to the position for which the examination
is being held and may be disqualified from being  a  candidate  for  any
civil service examination for a period of five years.
  S  2.  Section  50 of the civil service law is amended by adding a new
subdivision 12 to read as follows:
  12. IN ADDITION TO THE PENALTY PRESCRIBED  IN  SUBDIVISION  ELEVEN  OF
THIS SECTION: (A) WHERE THE DEPARTMENT FINDS THAT AN OFFICER OR EMPLOYEE
HAS VIOLATED SUBDIVISION ELEVEN OF THIS SECTION, OR A RULE OR REGULATION
PROMULGATED  THEREUNDER,  THE  DEPARTMENT  MAY  BY  AN ORDER WHICH SHALL
DESCRIBE PARTICULARLY THE NATURE OF THE VIOLATION AND PROVIDE AN  OPPOR-
TUNITY  TO  BE  HEARD  THEREON,  ASSESS  THE OFFICER OR EMPLOYEE A CIVIL
PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR SUCH VIOLATION.  SUCH
PENALTY  SHALL  BE PAID TO THE DEPARTMENT FOR DEPOSIT IN THE TREASURY OF
THE STATE. IN ASSESSING THE AMOUNT OF THE PENALTY, THE DEPARTMENT  SHALL
GIVE  DUE CONSIDERATION TO THE PARTICULAR CIRCUMSTANCES OF THE VIOLATION
INCLUDING BUT NOT LIMITED TO WHETHER THE VIOLATION WAS  KNOWING,  INTEN-
TIONAL  AND/OR WILLFUL, WHETHER THE VIOLATION WAS DONE ALONE OR IN COOP-
ERATION WITH OTHERS, THE HISTORY OF PREVIOUS VIOLATIONS, ANY ATTEMPT  TO
HIDE THE VIOLATION AND THE GRAVITY OF THE VIOLATION.
  (B)  ANY ORDER ISSUED UNDER PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
DEEMED A FINAL ORDER OF THE DEPARTMENT AND NOT SUBJECT TO REVIEW BY  ANY
COURT  OR  AGENCY UNLESS THE OFFICER OR EMPLOYEE FILES A TIMELY PETITION
WITH THE COMMISSION FOR A REVIEW OF THE ORDER, PURSUANT  TO  SUBDIVISION
FIVE OF SECTION SIX OF THIS CHAPTER.
  (C)  PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDICIAL REVIEW
SHALL THEN BE PENDING AND THE TIME FOR  INITIATION  OF  SUCH  PROCEEDING
SHALL HAVE EXPIRED, THE DEPARTMENT MAY FILE WITH THE COUNTY CLERK OF THE
COUNTY WHERE THE OFFICER OR EMPLOYEE RESIDES THE ORDER OF THE DEPARTMENT
CONTAINING  THE  AMOUNT  OF  THE CIVIL PENALTY. THE FILING OF SUCH ORDER
SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN  THE
OFFICE  OF  SUCH  CLERK. THE ORDER MAY BE ENFORCED BY AND IN THE NAME OF
THE DEPARTMENT IN THE  SAME  MANNER,  AND  WITH  LIKE  EFFECT,  AS  THAT
PRESCRIBED  BY THE CIVIL PRACTICE LAW AND RULES FOR THE ENFORCEMENT OF A
MONEY JUDGMENT.
  S 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S5825

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Votes

Apr 21, 2010 - Floor Vote

Floor Vote: Apr 21, 2010

Apr 7, 2010 - Codes Committee Vote

Codes Committee Vote: Apr 7, 2010

Jan 26, 2010 - Civil Service And Pensions Committee Vote

Civil Service And Pensions Committee Vote: Jan 26, 2010

Bill Amendments

2009-S5825 - Details

2009-S5825 - Summary

2009-S5825 - Sponsor Memo

2009-S5825 - Bill Text download pdf

2009-S5825A (ACTIVE) - Details

2009-S5825A (ACTIVE) - Summary

2009-S5825A (ACTIVE) - Sponsor Memo

2009-S5825A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S5825

Senate Bill S5825

Share this bill

Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Assembly Committee

Actions

Votes

Bill Amendments

2009-S5825 - Details

2009-S5825 - Summary

2009-S5825 - Sponsor Memo

2009-S5825 - Bill Text download pdf

2009-S5825A (ACTIVE) - Details

2009-S5825A (ACTIVE) - Summary

2009-S5825A (ACTIVE) - Sponsor Memo

2009-S5825A (ACTIVE) - Bill Text download pdf

Comments