senate Bill S7396

Signed By Governor
2011-2012 Legislative Session

Relates to subpoenas in proceedings before the public employment relations board; repealer

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Archive: Last Bill Status Via A10253 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 signed chap.333
Jul 20, 2012 delivered to governor
Jun 18, 2012 returned to assembly
passed senate
3rd reading cal.1078
substituted for s7396
Jun 18, 2012 substituted by a10253
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1078
May 07, 2012 referred to labor

Votes

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S7396 - Bill Details

See Assembly Version of this Bill:
A10253
Law Section:
Labor Law
Laws Affected:
Rpld §2310, CPLR L; amd §708, Lab L

S7396 - Bill Texts

view summary

Relates to subpoenas in proceedings before the public employment relations board; relates to exclusions from article 23 of the civil practice law and rules.

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BILL NUMBER:S7396

TITLE OF BILL:

An act
to amend
the labor law, in relation to subpoenas in proceedings before the public
employment relations board; and to repeal section 2310 of the civil
practice law and rules, relating to exclusions from article 23 of such
law

PURPOSE:

This bill would eliminate a conflict in the statutory law by repealing
CPLR §2310, and amending Labor Law §708, to provide that subpoenas
regarding matters pending before the Public Employment Relations
Board (PERB) under Labor Law Article 20 would be subject to Civil
Service Law §205.5 and the regulations promulgated thereunder.

SUMMARY OF PROVISIONS:

Section 1 of the bill would repeal CPLR §2310, which states that
subpoenas issued by the State Labor Relations Board are not subject
to CPLR Article 23.

Section 2 of the bill would amend Labor Law §708 to add a new
subsection to state that subpoenas under Labor Law Article 20 would
be subject Civil Service Law §205(k) and the rules and regulations
promulgated under Civil Service Law §205(l).

Section 3 of the bill would provide that the bill will become
effective immediately.

EXISTING LAW:

In 2010, Civil Service Law §205.5 and Labor Law § 717 were amended to
transfer to PERB the multiple responsibilities associated with
administering Labor Law Article 20. As a result of that legislation,
PERB superseded three former state agencies and now performs the
duties of those abolished agencies: the State Labor Relations Board,
the State Employment Relations Board and the State Mediation Board.

CPLR §2310 provides that "(t)he provisions of this article shall not
apply to subpoenas issued in proceedings before the New York state
labor relations board." This CPLR provision, however, is inconsistent
with Civil Service Law §205.5(k), which provides that "(f)or the
purpose of such hearings and inquiries, to administer oaths and
affirmations, examine witnesses and documents, take testimony and
receive evidence, compel the attendance of witnesses and the
production of documents by the issuance of subpoenas, and delegate
such powers to any member of the board or person appointed by the
board for the performance of its functions. Such subpoenas shall be
regulated and enforced under the civil practice law and rules."

PERB has promulgated regulations with respect to administrative
subpoenas consistent with its authority under Civil Service Law


§205.5(1). The existing regulations originally promulgated for
subpoenas by the State Labor Relations Board under Labor Law Article
20 are inconsistent with PERB's regulations.

LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

The 2010 legislation amending Civil Service Law §205.5 and Labor Law

§717 has created a direct statutory conflict concerning the
applicability of CPLR Article 23 to subpoenas concerning matters
pending before PERB. The proposed legislation will end the conflict
by making all subpoenas at PERB subject to the CPLR, Civil Service
Law §205.5(k), and PERB's current rules concerning subpoenas.
Eliminating the conflict will ensure administrative efficiencies and
avoid litigation.

BUDGET IMPLICATIONS:

This bill would have not any adverse fiscal impact.

LOCAL IMPACT:

This bill will not have any impact on local governments.

EFFECTIVE DATE:

This bill would take effect immediately.

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

                                  7396

                            I N  S E N A T E

                               May 7, 2012
                               ___________

Introduced  by  Sen.  ROBACH  --  (at  request  of the Public Employment
  Relations Board) -- read twice and ordered printed, and  when  printed
  to be committed to the Committee on Labor

AN  ACT  to amend the labor law, in relation to subpoenas in proceedings
  before the public employment relations board; and  to  repeal  section
  2310  of the civil practice law and rules, relating to exclusions from
  article 23 of such law

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

  Section  1.    Section  2310  of  the  civil practice law and rules is
REPEALED.
  S 2. Section 708 of the labor law is amended by adding a new  subdivi-
sion 8 to read as follows:
  8.  SUBPOENAS  UNDER THIS ARTICLE SHALL BE SUBJECT TO PARAGRAPH (K) OF
SUBDIVISION FIVE OF SECTION TWO HUNDRED FIVE OF THE  CIVIL  SERVICE  LAW
AND  THE RULES AND REGULATIONS PROMULGATED UNDER PARAGRAPH (L) OF SUBDI-
VISION FIVE OF SECTION TWO HUNDRED FIVE OF THE CIVIL SERVICE LAW.
  S 3. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14674-01-2

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