|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 06, 2014||referred to judiciary|
senate Bill S7773
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7773 - Details
S7773 - Summary
Provides for a thirty day limit on additional punishment for certain contempt citations involving an employee organization and view acts of extreme provocation in a light most favorable to the employee organization.
S7773 - Sponsor Memo
BILL NUMBER:S7773 TITLE OF BILL: An act to amend the judiciary law and the civil service law, in relation to judicial review of punishment for certain contempt citations PURPOSE OR GENERAL IDEA OF BILL: To provide equity for employee organizations who may be subject to penalties pursuant to the Taylor Law. SUMMARY OF PROVISIONS: Amends § 751 (2)(a) of the judiciary law, as separately amended by chapter 503 of the laws of 1971, and as amended by chapter 254 of the laws of 1983, to (1) limit the allowable period for forfeiture of rights to membership dues deduction to 30 days and (2) when considering the amount of fine and or duration of forfeiture to impose, the court shall also consider any acts of extreme provocation by the employer or its representatives in the light most favorable to the employee organization. Amends § 210 (3)(f) of the civil service law, as amended by chapter 677 of the laws of 1977, and § 210 (2)(f) of the civil service law, as amended by chapter 503 of the laws of 1971, to (1) limit the allowable period for forfeiture of rights to membership dues deduction to 30 days and (2) when considering the amount of fine and or duration of forfeiture to impose, the court shall also consider any acts of extreme provocation by the employer or its representatives in the
S7773 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7773 I N S E N A T E June 6, 2014 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law and the civil service law, in relation to judicial review of punishment for certain contempt citations 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 751 of the judi- ciary law, as amended by chapter 254 of the laws of 1983, is amended to read as follows: (a) Where an employee organization, as defined in section two hundred one of the civil service law, wilfully disobeys a lawful mandate of a court of record, or wilfully offers resistance to such lawful mandate, in a case involving or growing out of a strike in violation of subdivi- sion one of section two hundred ten of the civil service law, the punishment for each day that such contempt persists may be by a fine fixed in the discretion of the court. In the case of a government exempt from certain provisions of article fourteen of the civil service law, pursuant to section two hundred twelve of such law, the court may, as an additional punishment for such contempt, order forfeiture of the rights granted pursuant to the provisions of paragraph (b) of subdivision one, and subdivision three of section two hundred eight of such law, for such specified period of time[, as the court shall determine or, in the discretion of the court, for an indefinite period of time] NOT TO EXCEED THIRTY DAYS, subject to restoration upon application, with notice to all interested parties, supported by proof of good faith compliance with the requirements of subdivision one of section two hundred ten of the civil service law since the date of such violation, such proof to include, for example, the successful negotiation, without a violation of subdivision one of section two hundred ten of the civil service law, of a contract covering the employees in the unit affected by such violation; provided, however, that where a fine imposed pursuant to this subdivision remains wholly or partly unpaid, after the exhaustion of the cash and securities of the employee organization, such forfeiture shall be suspended to the extent necessary for the unpaid portion of such fine to be accumulated EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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