|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to civil service and pensions|
|Jan 09, 2013||referred to civil service and pensions|
senate Bill S1126
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1126 - Details
S1126 - Sponsor Memo
BILL NUMBER:S1126 TITLE OF BILL: An act to amend the civil service law, in relation to binding arbitration for certain public employees PURPOSE: This bill requires a public arbitration panel to which a dispute is referred to consider above all other factors the financial ability of the public employer to pay. SUMMARY OF SPECIFIC PROVISIONS: Section 1 - Amends the opening paragraph of subparagraph (v) of paragraph (c) of subdivision 4 of § 209 of the Civil Service Law. Section 2 - Amends Clause b of subparagraph (v) of paragraph (c) of subdivision 4 of § 209 of the Civil Service Law. Section 3 - Effective date. CURRENT LAW: Civil Service Law § 209, as amended, provides that local governments are subject to binding arbitration proceedings before the Public Employees Relations Board (PERB) when negotiating with local
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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