Bill Text: NY S02518 | 2011-2012 | General Assembly | Introduced


Bill Title: Creates the public employees' fair employment act study commission to review the existing Taylor law addressing labor relations between public employers and employees.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO FINANCE [S02518 Detail]

Download: New_York-2011-S02518-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2518
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 24, 2011
                                      ___________
       Introduced by Sens. RANZENHOFER, ROBACH -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Finance
       AN ACT in relation to creating the public employees' fair employment act
         study commission
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings. The legislature hereby finds that the
    2  public employees' fair employment act, as provided in article 14 of  the
    3  civil service law, became effective in September of 1967 and has been in
    4  effect  for  over 40 years. Representatives of both public employees and
    5  employers have raised questions about the current law causing the legis-
    6  lature to query whether  the  law,  as  currently  enacted,  effectively
    7  addresses labor relations between public employers and public employees.
    8  The legislature, therefore, deems it appropriate to review and study the
    9  provisions  of  the  act  and  if  necessary, make recommendations as to
   10  amendments that will improve  relations  between  public  employers  and
   11  employees,  while  better  protecting the interests of public employees,
   12  the state, public employers and the residents of New York state.
   13    S 2. The public employees' fair employment act  study  commission.  1.
   14  There  is  hereby  established  a  commission to be known as the "public
   15  employees' fair employment act study commission"  (hereinafter  referred
   16  to in this section as the "commission"). The commission shall:
   17    (a) be composed of 13 members appointed in accordance with subdivision
   18  2 of this section; and
   19    (b)  conduct  its  business  in accordance with the provisions of this
   20  section.
   21    2. The members shall be appointed for the life of  the  commission  as
   22  follows:
   23    (a) 2 shall be appointed by the temporary president of the senate;
   24    (b) 1 shall be appointed by the minority leader of the senate;
   25    (c) 2 shall be appointed by the speaker of the assembly;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02566-02-1
       S. 2518                             2
    1    (d) 1 shall be appointed by the minority leader of the assembly; and
    2    (e) 7 shall be appointed by the governor.
    3    3.  The  members of the commission shall be individuals who have know-
    4  ledge or expertise, whether by experience or training, in matters to  be
    5  studied  by  the  commission  under  subdivision  8 of this section. The
    6  members shall be from the public sector, who may include federal, state,
    7  or local officers or employees, members of academia, nonprofit organiza-
    8  tions, or other interested individuals.
    9    4. The temporary president of the senate, the minority leader  of  the
   10  senate, the speaker of the assembly, the minority leader of the assembly
   11  and the governor shall consult among themselves prior to the appointment
   12  of  the  members  of  the commission in order to achieve, to the maximum
   13  extent possible, fair and equitable representation of various points  of
   14  view  with  respect to the matters to be studied by the commission under
   15  subdivision 8 of this section. After such consultation each  shall  make
   16  his  or  her  respective  appointment  not  later than 45 days after the
   17  effective date of this section. Any vacancy that occurs during the  life
   18  of  the  commission  shall  not  affect the powers of the commission and
   19  shall be filled in the same manner as the original appointment not later
   20  than 45 days after the vacancy occurs.
   21    5. The initial meeting of the commission shall be conducted not  later
   22  than 30 days after the appointment of the last member of the commission.
   23  The first act of the commission shall be to select by consensus a chair-
   24  person.
   25    6.  A  majority  of  the  members shall constitute a quorum to conduct
   26  business, but the commission may establish a lesser quorum for  conduct-
   27  ing  hearings scheduled by the commission. Each member shall have 1 vote
   28  and the vote of each member shall  be  accorded  the  same  weight.  The
   29  commission  may  establish,  by  majority  vote, any other rules for the
   30  conduct of the commission's business, insofar  as  such  rules  are  not
   31  inconsistent with this section or other applicable law.
   32    7.  It is the duty of the commission to hold hearings across the state
   33  and conduct a comprehensive study of the practical application of  arti-
   34  cle  14 of the civil service law, together with laws associated with the
   35  article, including but not limited to section 751 of the  judiciary  law
   36  and section 93-b of the general municipal law.
   37    (a) The matters studied by the commission under this subdivision shall
   38  include, but not be limited to:
   39    (1)  the  historic, economic, and social changes in the context of the
   40  practical application of the existing law;
   41    (2) the interests of public employees and public employers  under  the
   42  existing law; and
   43    (3)  the  nature  and source of the recommendations for change between
   44  public employees and public employers;
   45    (b) Not later than 1 year after the date on which the commission first
   46  meets, the commission shall submit to  the  governor,  the  senate,  the
   47  assembly,  the  comptroller  and  the  attorney  general a comprehensive
   48  report on the commission's findings and conclusions.
   49    (c) Not later than 3 months after the submission of the  report  under
   50  paragraph  (b)  of this subdivision, the commission shall issue proposed
   51  changes to state laws and regulations to improve labor relations between
   52  public employees and public employers.
   53    8. The commission shall have the power to hold hearings, at such sites
   54  and to act at such times and places, to  take  such  testimony,  and  to
   55  receive  such evidence as the commission considers advisable to carrying
   56  out its duties under this subdivision.
       S. 2518                             3
    1    9. The members of the commission shall be allowed travel  expenses  at
    2  rates  authorized  for employees of state agencies while away from their
    3  homes or regular places of business in the performance  of  service  for
    4  the commission.
    5    10.  The  commission  shall  terminate  60  days  after the commission
    6  submits the report required under subdivision 7 of this section.
    7    S 3. This act shall take effect immediately.
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