NY State Assembly Bill A10457A

Archive: Last Bill Status Via S9403 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 22, 2022	signed chap.642
Nov 21, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.650 substituted for a10457a
Jun 03, 2022	substituted by s9403a
Jun 02, 2022	ordered to third reading rules cal.650 rules report cal.650 reported
May 31, 2022	amend and recommit to rules 10457a
May 31, 2022	reported referred to rules
May 25, 2022	referred to ways and means

Votes

view votes

Jun 1, 2022 - floor Vote

S9403A

floor

Aye

Nay

Absent

Excused

Abstained

Jun 1, 2022 - Rules committee Vote

S9403A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 31, 2022 - Rules committee Vote

S9403A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

A10457 - Details

See Senate Version of this Bill:: S9403
Law Section:: Labor Law
Laws Affected:: Add §§708-a, 710-a & 710-b, amd §708, Lab L

A10457 - Summary

Directs the New York state public employment relations board to establish and promulgate rules authorizing an electronic filing program to provide informative materials for employees and employers on its website.

A10457 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10457
 
                           I N  A S S E M B L Y
 
                               May 25, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Septimo) --
   read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the labor law, in relation to  directing  the  New  York
   state  public  employment  relations board to establish and promulgate
   rules authorizing an electronic filing program to provide  informative
   materials for employees and employers on its website

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  708-a  to
 read as follows:
   § 708-A. E-FILING  PROGRAM  FOR THE PURPOSE OF FILING PAPERS ELECTRON-
 ICALLY. 1. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THE  NEW  YORK
 STATE  PUBLIC  EMPLOYMENT RELATIONS BOARD SHALL ESTABLISH AND PROMULGATE
 RULES AUTHORIZING AN ELECTRONIC FILING PROGRAM (HEREINAFTER REFERRED  TO
 AS "E-FILING"), IN THE USE OF ELECTRONIC MEANS FOR: (A) THE COMMENCEMENT
 OF  A  PROCEEDING;  AND  (B) THE FILING AND SERVICE OF PAPERS IN PENDING
 PROCEEDINGS. THE BOARD'S WEBSITE  SHALL  CONTAIN  THE  E-FILING  PROGRAM
 ALONG WITH INSTRUCTIONS FOR E-FILING, SUCH RULES REGARDING E-FILING, AND
 CERTAIN FORMS PROMULGATED BY THE BOARD THAT PARTIES OR OTHER PERSONS MAY
 USE TO PREPARE THEIR DOCUMENTS FOR E-FILING.
   2.  UNLESS OTHERWISE PERMITTED UNDER THIS SECTION, ALL DOCUMENTS FILED
 IN CASES BEFORE THE BOARD SHALL  BE  FILED  ELECTRONICALLY  (HEREINAFTER
 REFERRED  TO AS "E-FILED"), ON THE BOARD'S WEBSITE, UNLESS THE PARTY CAN
 ESTABLISH TO THE BOARD THAT IT DOES NOT HAVE ACCESS  TO  THE  MEANS  FOR
 E-FILING OR THAT E-FILING WOULD IMPOSE AN UNDUE BURDEN.
   §  2.  Subdivision  5  of  section 708 of the labor law, as amended by
 chapter 148 of the laws of 2013, is amended to read as follows:
   5. [Charges] COMPLAINTS, CHARGES, petitions, orders, NOTICES OF  HEAR-
 ING,  and  other  process and papers of the board, its member, agent, or
 agency, may be served either personally or by regular mail or by leaving
 a copy thereof at the principal office  or  place  of  business  of  the
 person  required  to be served, OR BY E-FILING PURSUANT TO SECTION SEVEN
 HUNDRED EIGHT-A OF THIS ARTICLE UPON THE EFFECTIVENESS OF SUCH  SECTION,
 PROVIDED  THAT  UNTIL THE EFFECTIVENESS OF SECTION SEVEN HUNDRED EIGHT-A
 OF THIS ARTICLE, PARTIES SHALL PROVIDE COURTESY COPIES  OF  ALL  PROCESS
 AND  PAPERS  SERVED BY REGULAR MAIL TO THE RECIPIENT PARTY BY ELECTRONIC
 MAIL TO THE ELECTRONIC MAILING ADDRESS DESIGNATED BY THE PARTY FOR  SUCH

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15943-01-2
 A. 10457                            2
 
 PURPOSE  UNLESS  THE  PARTY  CAN ESTABLISH TO THE BOARD THAT IT DOES NOT
 HAVE ACCESS TO THE MEANS TO SEND COURTESY COPIES BY ELECTRONIC  MAIL  OR
 THAT IT WOULD IMPOSE AN UNDUE BURDEN. The verified return OR CERTIFICATE
 OF  SERVICE  by  the  individual  so  serving the same setting forth the
 manner of such service shall be proof of the same, and the  return  post
 office receipt therefor when registered and mailed as aforesaid shall be
 proof  of  service of the same. Witnesses summoned before the board, its
 member, agent, or agency shall be paid the same fees  and  mileage  that
 are  paid  witnesses  in  the  courts of this state, and witnesses whose
 depositions are taken and the person taking the same shall severally  be
 entitled to the same fees as are paid for like services in the courts of
 this  state.   Final orders issued by the board shall be served upon the
 parties by registered or certified mail.  THE  BOARD  SHALL  E-FILE  ALL
 ORDERS,  NOTICES  OF  HEARING,  AND OTHER PROCESS AND PAPERS ORIGINATING
 FROM THE BOARD PURSUANT TO SECTION SEVEN HUNDRED EIGHT-A OF THIS ARTICLE
 UPON THE EFFECTIVENESS OF SUCH SECTION, PROVIDED THAT UNTIL  THE  EFFEC-
 TIVENESS  OF  SECTION  SEVEN  HUNDRED EIGHT-A OF THIS ARTICLE, THE BOARD
 SHALL SEND COURTESY COPIES OF SUCH ORDERS, NOTICES OF HEARING, AND OTHER
 PROCESS AND PAPERS ORIGINATING FROM THE BOARD BY  ELECTRONIC  MAIL  UPON
 ALL  PARTIES  WHO HAVE PROVIDED AN ELECTRONIC MAILING ADDRESS DESIGNATED
 FOR SUCH PURPOSE.
   § 3. The labor law is amended by adding a new section 710-a to read as
 follows:
   § 710-A. PUBLICLY ACCESSIBLE DECISION INDEX. THE BOARD SHALL ESTABLISH
 AND MAINTAIN A CURRENT INDEX, BY TOPIC, OF THE PRINCIPLES OF LAW  ESTAB-
 LISHED  BY  THE DECISIONS RENDERED BY THE BOARD AND ITS PREDECESSORS AND
 THE COURTS CONCERNING MATTERS ARISING UNDER THIS ARTICLE AND UNDER ARTI-
 CLE FOURTEEN OF THE CIVIL SERVICE LAW. SUCH INDEX SHALL CITE ALL  APPRO-
 PRIATE  AUTHORITY WHICH SUPPORTS SUCH PRINCIPLES AND, WHERE APPROPRIATE,
 ALL CONFLICTING AUTHORITY. SUCH INDEX SHALL ALSO CONTAIN A  GLOSSARY  OF
 TECHNICAL  AND  STATUTORY  TERMS COMMONLY USED BY THE BOARD IN ITS DECI-
 SIONS. COPIES OF SUCH INDEX SHALL BE  OPEN  FOR  PUBLIC  INSPECTION  AND
 EXAMINATION,  AND  SHALL  BE MADE AVAILABLE AT ALL LOCATIONS WHERE UNEM-
 PLOYMENT INSURANCE HEARINGS, AUTHORIZED OR MANDATED UNDER  THIS  ARTICLE
 ARE CONDUCTED, AND ELECTRONICALLY ON THE BOARD'S WEBSITE.
   § 4. The labor law is amended by adding a new section 710-b to read as
 follows:
   § 710-B. ELECTRONICALLY  AVAILABLE INFORMATION. THE BOARD SHALL CREATE
 WRITTEN MATERIALS  INFORMING  EMPLOYERS  AND  EMPLOYEES  OF  THE  RIGHTS
 AFFORDED  PURSUANT  TO  THIS  ARTICLE  AND UNDER ARTICLE FOURTEEN OF THE
 CIVIL SERVICE LAW TO BE MADE AVAILABLE  ON  THE  BOARD'S  WEBSITE.  SUCH
 MATERIALS  SHALL  BE  TRANSLATED INTO THE TWELVE MOST COMMON NON-ENGLISH
 LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT INDIVIDUALS IN THE STATE,
 BASED ON THE DATA IN THE MOST RECENT AMERICAN COMMUNITY SURVEY PUBLISHED
 BY THE UNITED STATES CENSUS BUREAU. SUCH  MATERIALS  SHALL  INCLUDE  THE
 RIGHTS  AFFORDED UNDER THE FARM LABORERS FAIR LABOR PRACTICES ACT PURSU-
 ANT TO CHAPTER ONE HUNDRED FIVE OF THE LAWS OF TWO THOUSAND NINETEEN.
   § 5. This act shall take effect immediately; provided,  however,  that
 sections  one  and three of this act shall take effect one year after it
 shall have become a law and section four of this act shall  take  effect
 on  the  one  hundred  twentieth  day  after it shall have become a law.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 effective date.

A10457A (ACTIVE) - Details

See Senate Version of this Bill:: S9403
Law Section:: Labor Law
Laws Affected:: Add §§708-a, 710-a & 710-b, amd §708, Lab L

A10457A (ACTIVE) - Summary

A10457A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10457--A
 
                           I N  A S S E M B L Y
 
                               May 25, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Septimo) --
   read once and referred to the Committee on Ways and Means --  reported
   and  referred to the Committee on Rules -- Rules Committee discharged,
   bill amended, ordered reprinted as  amended  and  recommitted  to  the
   Committee on Rules
 
 AN  ACT  to  amend  the labor law, in relation to directing the New York
   state public employment relations board to  establish  and  promulgate
   rules  authorizing an electronic filing program to provide informative
   materials for employees and employers on its website
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 708-a to
 read as follows:
   § 708-A. E-FILING PROGRAM FOR THE PURPOSE OF FILING  PAPERS  ELECTRON-
 ICALLY.  1.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, THE NEW YORK
 STATE PUBLIC EMPLOYMENT RELATIONS BOARD SHALL ESTABLISH  AND  PROMULGATE
 RULES  AUTHORIZING AN ELECTRONIC FILING PROGRAM (HEREINAFTER REFERRED TO
 AS "E-FILING"), IN THE USE OF ELECTRONIC MEANS FOR: (A) THE COMMENCEMENT
 OF A PROCEEDING; AND (B) THE FILING AND SERVICE  OF  PAPERS  IN  PENDING
 PROCEEDINGS.  THE  BOARD'S  WEBSITE  SHALL  CONTAIN THE E-FILING PROGRAM
 ALONG WITH INSTRUCTIONS FOR E-FILING, SUCH RULES REGARDING E-FILING, AND
 CERTAIN FORMS PROMULGATED BY THE BOARD THAT PARTIES OR OTHER PERSONS MAY
 USE TO PREPARE THEIR DOCUMENTS FOR E-FILING.
   2. UNLESS OTHERWISE PERMITTED UNDER THIS SECTION, ALL DOCUMENTS  FILED
 IN  CASES  BEFORE  THE  BOARD SHALL BE FILED ELECTRONICALLY (HEREINAFTER
 REFERRED TO AS "E-FILED"), ON THE BOARD'S WEBSITE, UNLESS THE PARTY  CAN
 ESTABLISH  TO  THE  BOARD  THAT IT DOES NOT HAVE ACCESS TO THE MEANS FOR
 E-FILING OR THAT E-FILING WOULD IMPOSE AN UNDUE BURDEN.
   § 2. Subdivision 5 of section 708 of the  labor  law,  as  amended  by
 chapter 148 of the laws of 2013, is amended to read as follows:
   5.  [Charges] COMPLAINTS, CHARGES, petitions, orders, NOTICES OF HEAR-
 ING, and other process and papers of the board, PARTIES APPEARING BEFORE
 THE BOARD, its [member] MEMBERS,  [agent]  AGENTS,  or  agency,  may  be
 served either personally or by regular mail or by leaving a copy thereof
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15943-04-2
 A. 10457--A                         2
 
 at  the  principal office or place of business of the person required to
 be served, PROVIDED THAT SERVICE SHALL BE EFFECTUATED BY E-FILING PURSU-
 ANT TO SECTION SEVEN HUNDRED EIGHT-A OF THIS ARTICLE UPON THE EFFECTIVE-
 NESS  OF SUCH SECTION, AND FURTHER PROVIDED THAT UNTIL THE EFFECTIVENESS
 OF SECTION SEVEN HUNDRED EIGHT-A OF THIS ARTICLE, PARTIES SHALL  PROVIDE
 COURTESY  COPIES OF ALL PROCESS AND PAPERS SERVED BY REGULAR MAIL TO THE
 RECIPIENT PARTY BY ELECTRONIC MAIL TO  THE  ELECTRONIC  MAILING  ADDRESS
 DESIGNATED  BY THE PARTY FOR SUCH PURPOSE UNLESS THE PARTY CAN ESTABLISH
 TO THE BOARD THAT IT DOES NOT HAVE ACCESS TO THE MEANS TO SEND  COURTESY
 COPIES  BY  ELECTRONIC MAIL OR THAT IT WOULD IMPOSE AN UNDUE BURDEN. The
 verified return OR CERTIFICATE OF SERVICE by the individual  so  serving
 the  same setting forth the manner of such service shall be proof of the
 same, and the return post office receipt therefor  when  registered  and
 mailed  as  aforesaid  shall  be proof of service of the same. Witnesses
 summoned before the board, its member, agent, or agency  shall  be  paid
 the  same fees and mileage that are paid witnesses in the courts of this
 state, and witnesses whose depositions are taken and the  person  taking
 the  same  shall  severally be entitled to the same fees as are paid for
 like services in the courts of this state.  [Final orders issued by  the
 board shall be served upon the parties by registered or certified mail.]
 THE BOARD SHALL E-FILE ALL ORDERS, NOTICES OF HEARING, AND OTHER PROCESS
 AND  PAPERS ORIGINATING FROM THE BOARD PURSUANT TO SECTION SEVEN HUNDRED
 EIGHT-A OF THIS ARTICLE UPON THE EFFECTIVENESS OF SUCH SECTION, PROVIDED
 THAT UNTIL THE EFFECTIVENESS OF SECTION SEVEN HUNDRED  EIGHT-A  OF  THIS
 ARTICLE,  THE  BOARD SHALL SERVE FINAL ORDERS UPON THE PARTIES BY REGIS-
 TERED OR CERTIFIED MAIL AND SHALL SEND COURTESY COPIES OF  SUCH  ORDERS,
 NOTICES  OF  HEARING,  AND OTHER PROCESS AND PAPERS ORIGINATING FROM THE
 BOARD BY ELECTRONIC MAIL UPON ALL PARTIES WHO HAVE PROVIDED AN ELECTRON-
 IC MAILING ADDRESS DESIGNATED FOR SUCH PURPOSE.
   § 3. The labor law is amended by adding a new section 710-a to read as
 follows:
   § 710-A. PUBLICLY ACCESSIBLE DECISION INDEX. THE BOARD SHALL ESTABLISH
 AND MAINTAIN A CURRENT INDEX, BY TOPIC, OF THE PRINCIPLES OF LAW  ESTAB-
 LISHED  BY  THE DECISIONS RENDERED BY THE BOARD AND ITS PREDECESSORS AND
 THE COURTS CONCERNING MATTERS ARISING UNDER THIS ARTICLE.    SUCH  INDEX
 SHALL CITE ALL APPROPRIATE AUTHORITY WHICH SUPPORTS SUCH PRINCIPLES AND,
 WHERE  APPROPRIATE,  ALL  CONFLICTING  AUTHORITY.  SUCH INDEX SHALL ALSO
 CONTAIN A GLOSSARY OF TECHNICAL AND STATUTORY TERMS COMMONLY USED BY THE
 BOARD IN ITS DECISIONS. COPIES OF SUCH INDEX SHALL BE MADE AVAILABLE  TO
 THE PUBLIC ELECTRONICALLY ON THE BOARD'S WEBSITE.
   § 4. The labor law is amended by adding a new section 710-b to read as
 follows:
   § 710-B. ELECTRONICALLY  AVAILABLE INFORMATION. THE BOARD SHALL CREATE
 WRITTEN MATERIALS  INFORMING  EMPLOYERS  AND  EMPLOYEES  OF  THE  RIGHTS
 AFFORDED  PURSUANT  TO  THIS ARTICLE TO BE MADE AVAILABLE ON THE BOARD'S
 WEBSITE. SUCH MATERIALS SHALL BE TRANSLATED INTO THE TWELVE MOST  COMMON
 NON-ENGLISH  LANGUAGES  SPOKEN BY LIMITED-ENGLISH PROFICIENT INDIVIDUALS
 IN THE STATE, BASED ON THE DATA IN THE MOST  RECENT  AMERICAN  COMMUNITY
 SURVEY  PUBLISHED  BY  THE  UNITED  STATES CENSUS BUREAU. SUCH MATERIALS
 SHALL INCLUDE THE RIGHTS AFFORDED UNDER THE  FARM  LABORERS  FAIR  LABOR
 PRACTICES  ACT  PURSUANT  TO CHAPTER ONE HUNDRED FIVE OF THE LAWS OF TWO
 THOUSAND NINETEEN.
   § 5. This act shall take effect immediately; provided,  however,  that
 sections  one  and three of this act shall take effect one year after it
 shall have become a law and section four of this act shall  take  effect
 on  the  one  hundred  twentieth  day  after it shall have become a law.
 A. 10457--A                         3
 
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 effective date.

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The New York State Senate

assembly Bill A10457A

Sponsored By

Archive: Last Bill Status Via S9403 - Signed by Governor

Your Voice

Actions

Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

Jun 1, 2022 - Rules committee Vote

Committee Vote: Jun 1, 2022

May 31, 2022 - Rules committee Vote

Committee Vote: May 31, 2022

Bill Amendments

A10457 - Details

A10457 - Summary

A10457 - Bill Text download pdf

A10457A (ACTIVE) - Details

A10457A (ACTIVE) - Summary

A10457A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A10457A

Share this bill

Sponsored By

SEPTIMO

Archive: Last Bill Status Via S9403 - Signed by Governor

Your Voice

Actions

Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

Jun 1, 2022 - Rules committee Vote

Committee Vote: Jun 1, 2022

May 31, 2022 - Rules committee Vote

Committee Vote: May 31, 2022

Bill Amendments

A10457 - Details

A10457 - Summary

A10457 - Bill Text download pdf

A10457A (ACTIVE) - Details

A10457A (ACTIVE) - Summary

A10457A (ACTIVE) - Bill Text download pdf

Comments