Assembly Bill A1753

2015-2016 Legislative Session

Relates to the enforcement of violations

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A1753 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Administrative Procedure Act
Laws Affected:
Add Art 6 §601, St Ad Proc Act
Versions Introduced in Other Legislative Sessions:
2011-2012: A7586
2013-2014: A5372
2017-2018: A6458
2019-2020: A3791
2021-2022: A1187
2023-2024: A5622

2015-A1753 (ACTIVE) - Summary

Prohibits state agencies from imposing or suggesting any enforcement quotas or from using quotas as a reward to evaluation method.

2015-A1753 (ACTIVE) - Bill Text download pdf

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

                                  1753

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of A. ZEBROWSKI, LAVINE -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the state administrative procedure act, in  relation  to
  enforcement of violations

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

  Section 1. The state administrative procedure act is amended by adding
a new article 6 to read as follows:
                                ARTICLE 6
                        ENFORCEMENT OF VIOLATIONS
SECTION 601. ENFORCEMENT OF VIOLATIONS.
  S 601. ENFORCEMENT OF VIOLATIONS. 1. UNLESS OTHERWISE PROVIDED BY LAW,
NO STATE AGENCY SHALL:
  (A) IMPOSE OR SUGGEST ANY ENFORCEMENT QUOTA WITH RESPECT  TO  OFFICERS
OR  EMPLOYEES DIRECTLY INVOLVED IN ENFORCEMENT ACTIVITIES OR THEIR IMME-
DIATE SUPERVISORS;
  (B) USE RECORDS OF QUANTITATIVE ENFORCEMENT  RESULTS  AS  THE  PRIMARY
CRITERION TO EVALUATE SUCH OFFICERS, EMPLOYEES OR SUPERVISORS;
  (C)  REWARD ANY OFFICER, EMPLOYEE OR SUPERVISOR FOR MEETING OR EXCEED-
ING AN ENFORCEMENT QUOTA; OR
  (D) TRANSFER OR IN ANY OTHER MANNER PENALIZE OR THREATEN, EXPRESSLY OR
IMPLIEDLY, ANY SUCH OFFICER, EMPLOYEE OR SUPERVISOR AS  TO  HIS  OR  HER
EMPLOYMENT IN A MANNER, INCLUDING, BUT NOT LIMITED TO, A REASSIGNMENT, A
SCHEDULING  CHANGE, AN ADVERSE EVALUATION, A CONSTRUCTIVE DISMISSAL, THE
DENIAL OF A PROMOTION, OR THE DENIAL OF OVERTIME, BASED IN WHOLE  OR  IN
PART ON SUCH PERSON'S FAILURE TO MEET AN ENFORCEMENT QUOTA.
  2.  NOTHING  IN  THIS SECTION SHALL PRECLUDE AN AGENCY FROM MAKING AND
COMMUNICATING FORECASTS OF ENFORCEMENT RESULTS  FOR  PLANNING  PURPOSES,
AND  ACCUMULATING,  TABULATING, PUBLISHING AND USING ENFORCEMENT RESULTS
FOR MANAGEMENT AND CONTROL OF AGENCY RESOURCES SO  LONG  AS  ENFORCEMENT
RESULTS OR TABULATIONS ARE NOT USED AS THE PRIMARY CRITERION TO EVALUATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00656-01-5
              

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