senate Bill S2518

2011-2012 Legislative Session

Creates the public employees' fair employment act study commission to review the existing Taylor law

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Jan 24, 2011 referred to finance

Co-Sponsors

S2518 - Bill Details

See Assembly Version of this Bill:
A2283
Current Committee:
Law Section:
Civil Service
Versions Introduced in 2009-2010 Legislative Session:
A4504, S4504, A2847A

S2518 - Bill Texts

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Creates the public employees' fair employment act study commission to review the existing Taylor law addressing labor relations between public employers and employees.

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BILL NUMBER:S2518

TITLE OF BILL:
An act
in relation to creating the public employees' fair employment act study
commission

SUMMARY OF PROVISIONS:
Section 1 - Contains
legislative findings that
the Public Employees Fair Employment Act has now been in effect for
almost 40 years. It is appropriate to review whether the law, in its
current form, continues to meet the needs of public employees, public
employers and the people of New York State.

Section 2 - Creates the Public Employees' Fair
Employment Act Study
Commission and describes the composition and duties of the
Commission. This section provides that the Commission shall conduct a
comprehensive study of the practical application of Article 14 of the
Civil Service Law, and report to the Governor, Senate, Assembly,
Comptroller and Attorney General not later than one year after the
date on which the Commission first meets.

Section 3 - Provides that this act shall
take effect immediately.

PURPOSE & JUSTIFICATION:
The Taylor Law is now approaching its 40th anniversary.
Sections of the law have been extended periodically, and through the
years, additional employee groups have become subject to the
provisions of the law. The residents of New York City recently
suffered the disruption of service and economic loss of a transit
strike. At the western end of the state, both the City of Buffalo and
the County of Erie are under the supervision of control boards. Other
communities across the state face economic pressures that may also
lead to contemplation of control boards in the future.
Across the state, interested parties ask whether the law, as presently
constituted, can be improved. Unfortunately, discussions about the
Taylor Law usually seem to arise in the midst of difficult
negotiations or budget problems. This law is critical to the
efficient operation of state and local government, and deserves a
careful and thoughtful review outside of the context of any
particular dispute. The residents of our state deserve to know that
their tax dollars are being spent prudently, and that they will
receive uninterrupted, high quality service.
Public employees deserve to know that they will be treated fairly and
with respect for their concerns, and that the service they deliver to
the residents of New York is recognized. All parties need to know
that when decisions are made they will accurately reflect the
communities that must live with those decisions.
It is appropriate at this time to appoint a blue ribbon commission to
evaluate and consider whether the law, in its present form, is still
the best answer as we enter the 21st Century. This bill creates such
a commission, who can listen to the concerns and suggestions of the
residents of New York State and consider the legislation that has
been enacted by other states. The Commission is directed to report to


the Governor, the Senate and the Assembly within one (1) year after
the date that the Commission first meets.
There is a fundamental compact between the citizens and the
government. The citizenry supports government with its tax dollars,
and in return expects government to provide the services that allow
society to properly function efficiently and responsibly. There is
also a compact between government and the employees who actually
perform the day-to-day tasks of government that these employees will
work conscientiously to serve the residents, and that in return they
will be treated respectfully and responsibly. It is critical that the
Legislature ensure that we are doing our part to fulfill our
responsibility to properly expend the tax dollars entrusted to us,
and to supply services required efficiently, effectively and without
interruption.

PRIOR LEGISLATIVE HISTORY:
2005-2006: S.6874/A.10129 - Finance/Gov't Employees
2007-2008: S.2118/A.4110 - Finance/Gov't Employees
2009-2010: S.3034 - Finance

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  2518

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced by Sens. RANZENHOFER, ROBACH -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Finance

AN ACT in relation to creating the public employees' fair employment act
  study commission

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

  Section 1. Legislative findings. The legislature hereby finds that the
public employees' fair employment act, as provided in article 14 of  the
civil service law, became effective in September of 1967 and has been in
effect  for  over 40 years. Representatives of both public employees and
employers have raised questions about the current law causing the legis-
lature to query whether  the  law,  as  currently  enacted,  effectively
addresses labor relations between public employers and public employees.
The legislature, therefore, deems it appropriate to review and study the
provisions  of  the  act  and  if  necessary, make recommendations as to
amendments that will improve  relations  between  public  employers  and
employees,  while  better  protecting the interests of public employees,
the state, public employers and the residents of New York state.
  S 2. The public employees' fair employment act  study  commission.  1.
There  is  hereby  established  a  commission to be known as the "public
employees' fair employment act study commission"  (hereinafter  referred
to in this section as the "commission"). The commission shall:
  (a) be composed of 13 members appointed in accordance with subdivision
2 of this section; and
  (b)  conduct  its  business  in accordance with the provisions of this
section.
  2. The members shall be appointed for the life of  the  commission  as
follows:
  (a) 2 shall be appointed by the temporary president of the senate;
  (b) 1 shall be appointed by the minority leader of the senate;
  (c) 2 shall be appointed by the speaker of the assembly;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02566-02-1

S. 2518                             2

  (d) 1 shall be appointed by the minority leader of the assembly; and
  (e) 7 shall be appointed by the governor.
  3.  The  members of the commission shall be individuals who have know-
ledge or expertise, whether by experience or training, in matters to  be
studied  by  the  commission  under  subdivision  8 of this section. The
members shall be from the public sector, who may include federal, state,
or local officers or employees, members of academia, nonprofit organiza-
tions, or other interested individuals.
  4. The temporary president of the senate, the minority leader  of  the
senate, the speaker of the assembly, the minority leader of the assembly
and the governor shall consult among themselves prior to the appointment
of  the  members  of  the commission in order to achieve, to the maximum
extent possible, fair and equitable representation of various points  of
view  with  respect to the matters to be studied by the commission under
subdivision 8 of this section. After such consultation each  shall  make
his  or  her  respective  appointment  not  later than 45 days after the
effective date of this section. Any vacancy that occurs during the  life
of  the  commission  shall  not  affect the powers of the commission and
shall be filled in the same manner as the original appointment not later
than 45 days after the vacancy occurs.
  5. The initial meeting of the commission shall be conducted not  later
than 30 days after the appointment of the last member of the commission.
The first act of the commission shall be to select by consensus a chair-
person.
  6.  A  majority  of  the  members shall constitute a quorum to conduct
business, but the commission may establish a lesser quorum for  conduct-
ing  hearings scheduled by the commission. Each member shall have 1 vote
and the vote of each member shall  be  accorded  the  same  weight.  The
commission  may  establish,  by  majority  vote, any other rules for the
conduct of the commission's business, insofar  as  such  rules  are  not
inconsistent with this section or other applicable law.
  7.  It is the duty of the commission to hold hearings across the state
and conduct a comprehensive study of the practical application of  arti-
cle  14 of the civil service law, together with laws associated with the
article, including but not limited to section 751 of the  judiciary  law
and section 93-b of the general municipal law.
  (a) The matters studied by the commission under this subdivision shall
include, but not be limited to:
  (1)  the  historic, economic, and social changes in the context of the
practical application of the existing law;
  (2) the interests of public employees and public employers  under  the
existing law; and
  (3)  the  nature  and source of the recommendations for change between
public employees and public employers;
  (b) Not later than 1 year after the date on which the commission first
meets, the commission shall submit to  the  governor,  the  senate,  the
assembly,  the  comptroller  and  the  attorney  general a comprehensive
report on the commission's findings and conclusions.
  (c) Not later than 3 months after the submission of the  report  under
paragraph  (b)  of this subdivision, the commission shall issue proposed
changes to state laws and regulations to improve labor relations between
public employees and public employers.
  8. The commission shall have the power to hold hearings, at such sites
and to act at such times and places, to  take  such  testimony,  and  to
receive  such evidence as the commission considers advisable to carrying
out its duties under this subdivision.

S. 2518                             3

  9. The members of the commission shall be allowed travel  expenses  at
rates  authorized  for employees of state agencies while away from their
homes or regular places of business in the performance  of  service  for
the commission.
  10.  The  commission  shall  terminate  60  days  after the commission
submits the report required under subdivision 7 of this section.
  S 3. This act shall take effect immediately.

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