senate Bill S7773

2013-2014 Legislative Session

Provides for a thirty day limit on additional punishment for certain contempt citations involving an employee organization and view acts of extreme provocation

download bill text pdf

Sponsored By

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2014 referred to judiciary

S7773 - Details

See Assembly Version of this Bill:
A4489
Current Committee:
Law Section:
Judiciary Law
Laws Affected:
Amd §751, Judy L; amd §210, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3046
2009-2010: A3544

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

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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