|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Aug 01, 2012||
|Jul 20, 2012||
delivered to governor
|Jun 18, 2012||
returned to assembly
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
senate Bill S7396Signed By Governor
Relates to subpoenas in proceedings before the public employment relations board; repealer
Archive: Last Bill Status Via A10253 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (11)
Jun 18, 2012 - floor VoteA10253560floor56Aye0Nay0Absent6Excused0Abstained
show floor vote details
Floor Vote: Jun 18, 2012aye (56)
Jun 5, 2012 - Labor committee VoteS7396150committee15Aye0Nay0Aye with Reservations0Absent1Excused0Abstained
- show floor vote details
S7396 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
- Labor Law
- Laws Affected:
- Rpld §2310, CPLR L; amd §708, Lab L
S7396 - Bill Texts
Relates to subpoenas in proceedings before the public employment relations board; relates to exclusions from article 23 of the civil practice law and rules.
view sponsor memo
TITLE OF BILL:
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
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
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.
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
This bill would have not any adverse fiscal impact.
This bill will not have any impact on local governments.
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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