Senate Bill S1590

2017-2018 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 Judiciary 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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2017-S1590 (ACTIVE) - Details

See Assembly Version of this Bill:
A930
Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §751, Judy L; amd §210, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3544
2011-2012: A3046
2013-2014: S7773, A4489
2015-2016: S1156, A6399
2019-2020: A388
2021-2022: A1638

2017-S1590 (ACTIVE) - 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.

2017-S1590 (ACTIVE) - Sponsor Memo

2017-S1590 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1590
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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