senate Bill S4748

2013-2014 Legislative Session

Clarifies the improper governmental actions which may be disclosed by state legislative employees without retaliation from their legislative employer

download bill text pdf

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Archive: Last Bill Status - In Senate Committee


  • 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
Apr 22, 2013 referred to civil service and pensions

S4748 - Details

Law Section:
Civil Service Law
Laws Affected:
Amd ยง75-b, Civ Serv L
Versions Introduced in 2011-2012 Legislative Session:
S4458

S4748 - Summary

Clarifies the improper governmental actions which may be disclosed by state legislative employees without retaliation from their legislative employer.

S4748 - Sponsor Memo

S4748 - Bill Text download pdf

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

                                  4748

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 22, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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 the  reporting  of
  improper governmental actions by legislative employees

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

  Section 1. Paragraph (a) of subdivision 2 of section 75-b of the civil
service law, as amended by chapter 899 of the laws of 1986,  is  amended
to read as follows:
  (a)  A public employer shall not dismiss or take other disciplinary or
other adverse personnel action against a public employee  regarding  the
employee's  employment  because the employee discloses to a governmental
body information: (i) regarding a violation of a law, rule or regulation
which violation creates and presents a substantial and  specific  danger
to  the  public  health or safety; or (ii) which the employee reasonably
believes to be true and  reasonably  believes  constitutes  an  improper
governmental  action.  "Improper  governmental  action"  shall  mean any
action by a public employer or employee, or an agent of such employer or
employee, which is undertaken in the performance of such  agent's  offi-
cial  duties,  whether  or not such action is within the scope of his OR
HER employment, and which is in violation of any federal, state or local
law, rule or regulation.   FURTHERMORE, WITH REGARD  TO  DISCLOSURES  BY
OFFICERS AND EMPLOYEES OF THE LEGISLATIVE BRANCH OF GOVERNMENT, "IMPROP-
ER  GOVERNMENTAL ACTION" SHALL ALSO INCLUDE ANY ACTION OR ACTIVITY TAKEN
BY A MEMBER OF THE LEGISLATURE OR BY A LEGISLATIVE EMPLOYEE, AS  DEFINED
IN  PARAGRAPH  (C)  OF  SUBDIVISION  ONE OF SECTION SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW, WHICH VIOLATES OR MAY VIOLATE ANY PROVISION OF  THE
LEGISLATIVE  LAW,  THE PENAL LAW OR THE ARTICLE FOUR OF THE PUBLIC OFFI-
CERS LAW THAT IS REPORTED TO A GOVERNMENTAL BODY,  INCLUDING  THE  JOINT
COMMISSION ON PUBLIC ETHICS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07995-01-3

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