senate Bill S1126

2013-2014 Legislative Session

Requires public arbitration panel to which a dispute is referred to consider above all other factors the financial ability of the public employer to pay, as defined

download bill text pdf

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Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to civil service and pensions
Jan 09, 2013 referred to civil service and pensions

S1126 - Details

See Assembly Version of this Bill:
A2037
Law Section:
Civil Service Law
Laws Affected:
Amd §209, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2337, A2282
2009-2010: S3014, A4197

S1126 - Summary

Requires the public arbitration panel to which a dispute is referred to consider above all other factors the financial ability of the public employer to pay, as defined in this bill.

S1126 - Sponsor Memo

S1126 - Bill Text download pdf

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

                                  1126

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions

AN  ACT  to  amend  the  civil service law, in relation to binding arbi-
  tration for certain public employees

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

  Section  1. The opening paragraph of subparagraph (v) of paragraph (c)
of subdivision 4 of section 209 of the civil service law, as amended  by
chapter 216 of the laws of 1977, is amended to read as follows:
  the public arbitration panel shall make a just and reasonable determi-
nation of the matters in dispute. In arriving at such determination, the
panel  shall CONSIDER, ABOVE ALL OTHER FACTORS, THE FINANCIAL ABILITY OF
THE PUBLIC EMPLOYER TO PAY. THE PUBLIC EMPLOYER'S ABILITY TO  PAY  SHALL
BE  DEFINED  AS EXISTING FISCAL CAPACITY WITHOUT RESORT TO EITHER NEW OR
INCREASED TAXATION INCLUDING, BUT NOT LIMITED TO, THE LEVEL OF  TAXATION
IN  THE POLITICAL SUBDIVISION COMPARED TO SIMILAR POLITICAL SUBDIVISIONS
IN OTHER AREAS OF THE STATE, THE TAX  BASE,  ANY  EVIDENCE  OF  ECONOMIC
DECLINE  AND  ANY  OTHER  APPLICABLE  MEASURES  OF  FISCAL  DISTRESS, OR
EXTRAORDINARY REDUCTIONS IN OTHER GOVERNMENTAL EXPENDITURES.  THE  ARBI-
TRATION PANEL SHALL ALSO CONSIDER THE COMPETING FINANCIAL OBLIGATIONS OF
THE  PUBLIC  EMPLOYER  WHICH  MAY  BE AFFECTED BY SUCH DETERMINATION AND
SPECIFICALLY THE IMPACT OF ANY SUCH  DETERMINATION  ON  ONGOING  NEGOTI-
ATIONS  OR SUCCESSOR NEGOTIATIONS WITH EMPLOYEE ORGANIZATIONS REPRESENT-
ING OTHER EMPLOYEES OF THE PUBLIC EMPLOYER.  THE ARBITRATION PANEL SHALL
SPECIFY ITS RATIONALE IN THE DETERMINATION, INCLUDING THE  CONSIDERATION
OF  SUCH  ABILITY OF THE PUBLIC EMPLOYER TO PAY WITHOUT RESORT TO NEW OR
INCREASED TAXATION. THE PANEL SHALL specify the basis for its  findings,
taking  into  SECONDARY consideration, in addition to any other relevant
factors, the following:

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

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