S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
AN ACT in relation to creating the public employees' fair employment act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that the
public employees' fair employment act, as provided in article 14 of the
civil service law, became effective in September of 1967 and has been in
effect for over 40 years. Representatives of both public employees and
employers have raised questions about the current law causing the legis-
lature to query whether the law, as currently enacted, effectively
addresses labor relations between public employers and public employees.
The legislature, therefore, deems it appropriate to review and study the
provisions of the act and if necessary, make recommendations as to
amendments that will improve relations between public employers and
employees, while better protecting the interests of public employees,
the state, public employers and the residents of New York state.
S 2. The public employees' fair employment act study commission. 1.
There is hereby established a commission to be known as the "public
employees' fair employment act study commission" (hereinafter referred
to in this section as the "commission"). The commission shall:
(a) be composed of 13 members appointed in accordance with subdivision
2 of this section; and
(b) conduct its business in accordance with the provisions of this
2. The members shall be appointed for the life of the commission as
(a) 2 shall be appointed by the temporary president of the senate;
(b) 1 shall be appointed by the minority leader of the senate;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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(c) 2 shall be appointed by the speaker of the assembly;
(d) 1 shall be appointed by the minority leader of the assembly; and
(e) 7 shall be appointed by the governor.
3. The members of the commission shall be individuals who have know-
ledge or expertise, whether by experience or training, in matters to be
studied by the commission under subdivision eight of this section. The
members shall be from the public sector, who may include federal, state,
or local officers or employees, members of academia, nonprofit organiza-
tions, or other interested individuals.
4. The temporary president of the senate, the minority leader of the
senate, the speaker of the assembly, the minority leader of the assembly
and the governor shall consult among themselves prior to the appointment
of the members of the commission in order to achieve, to the maximum
extent possible, fair and equitable representation of various points of
view with respect to the matters to be studied by the commission under
subdivision 8 of this section. After such consultation each shall make
his or her respective appointment not later than 45 days after the
effective date of this section. Any vacancy that occurs during the life
of the commission shall not affect the powers of the commission and
shall be filled in the same manner as the original appointment not later
than 45 days after the vacancy occurs.
5. The initial meeting of the commission shall be conducted not later
than 30 days after the appointment of the last member of the commission.
The first act of the commission shall be to select by consensus a chair-
6. A majority of the members shall constitute a quorum to conduct
business, but the commission may establish a lesser quorum for conduct-
ing hearings scheduled by the commission. Each member shall have 1 vote
and the vote of each member shall be accorded the same weight. The
commission may establish, by majority vote, any other rules for the
conduct of the commission's business, insofar as such rules are not
inconsistent with this section or other applicable law.
7. It is the duty of the commission to hold hearings across the state
and conduct a comprehensive study of the practical application of arti-
cle 14 of the civil service law, together with laws associated with the
article, including but not limited to section 751 of the judiciary law
and section 93-b of the general municipal law.
(a) The matters studied by the commission under this subdivision shall
include, but not be limited to:
(1) the historic, economic, and social changes in the context of the
practical application of the existing law;
(2) the interests of public employees and public employers under the
existing law; and
(3) the nature and source of the recommendations for change between
public employees and public employers;
(b) Not later than 1 year after the date on which the commission first
meets, the commission shall submit to the governor, the senate, the
assembly, the comptroller and the attorney general a comprehensive
report on the commission's findings and conclusions.
(c) Not later than 3 months after the submission of the report under
paragraph (b) of this subdivision, the commission shall issue proposed
changes to state laws and regulations to improve labor relations between
public employees and public employers.
8. The commission shall have the power to hold hearings, at such sites
and to act at such times and places, to take such testimony, and to
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receive such evidence as the commission considers advisable to carrying
out its duties under this subdivision.
9. The members of the commission shall be allowed travel expenses at
rates authorized for employees of state agencies while away from their
homes or regular places of business in the performance of service for
10. The commission shall terminate 60 days after the commission
submits the report required under subdivision seven of this section.
S 3. This act shall take effect immediately.