Assembly Bill A7586

2011-2012 Legislative Session

Relates to the enforcement of violations

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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

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2011-A7586 (ACTIVE) - Details

See Senate Version of this Bill:
S6442
Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Add Art 6 §601, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2013-2014: A5372
2015-2016: A1753
2017-2018: A6458
2019-2020: A3791
2021-2022: A1187
2023-2024: A5622

2011-A7586 (ACTIVE) - Summary

Prohibits state agencies from imposing or suggesting any enforcement quotas or from using quotas as a reward to evaluation method.

2011-A7586 (ACTIVE) - Bill Text download pdf

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

                                  7586

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to amend the state administrative procedure act, in relation to
  enforcement of violations

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

  Section 1. The state administrative procedure act is amended by adding
a new article 6 to read as follows:
                                ARTICLE 6
                        ENFORCEMENT OF VIOLATIONS
SECTION 601. ENFORCEMENT OF VIOLATIONS.
  S 601. ENFORCEMENT OF VIOLATIONS. 1. UNLESS OTHERWISE PROVIDED BY LAW,
NO STATE AGENCY SHALL:
  (A)  IMPOSE  OR SUGGEST ANY ENFORCEMENT QUOTA WITH RESPECT TO OFFICERS
OR EMPLOYEES DIRECTLY INVOLVED IN ENFORCEMENT ACTIVITIES OR THEIR  IMME-
DIATE SUPERVISORS;
  (B)  USE  RECORDS  OF  QUANTITATIVE ENFORCEMENT RESULTS AS THE PRIMARY
CRITERION TO EVALUATE SUCH OFFICERS, EMPLOYEES OR SUPERVISORS;
  (C) REWARD ANY OFFICER, EMPLOYEE OR SUPERVISOR FOR MEETING OR  EXCEED-
ING AN ENFORCEMENT QUOTA; OR
  (D) TRANSFER OR IN ANY OTHER MANNER PENALIZE OR THREATEN, EXPRESSLY OR
IMPLIEDLY,  ANY  SUCH  OFFICER,  EMPLOYEE OR SUPERVISOR AS TO HIS OR HER
EMPLOYMENT IN A MANNER, INCLUDING, BUT NOT LIMITED TO, A REASSIGNMENT, A
SCHEDULING CHANGE, AN ADVERSE EVALUATION, A CONSTRUCTIVE DISMISSAL,  THE
DENIAL  OF  A PROMOTION, OR THE DENIAL OF OVERTIME, BASED IN WHOLE OR IN
PART ON SUCH PERSON'S FAILURE TO MEET AN ENFORCEMENT QUOTA.
  2. NOTHING IN THIS SECTION SHALL PRECLUDE AN AGENCY  FROM  MAKING  AND
COMMUNICATING  FORECASTS  OF  ENFORCEMENT RESULTS FOR PLANNING PURPOSES,
AND ACCUMULATING, TABULATING, PUBLISHING AND USING  ENFORCEMENT  RESULTS
FOR  MANAGEMENT  AND  CONTROL OF AGENCY RESOURCES SO LONG AS ENFORCEMENT
RESULTS OR TABULATIONS ARE NOT USED AS THE PRIMARY CRITERION TO EVALUATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11471-01-1
              

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