S2956A-2009 Actions

• Aug 30, 2010: SIGNED CHAP.460
• Aug 18, 2010: DELIVERED TO GOVERNOR
• Jul 1, 2010: returned to senate
• Jul 1, 2010: passed assembly
• Jul 1, 2010: ordered to third reading rules cal.514
• Jul 1, 2010: substituted for a6729a
• Jun 16, 2010: referred to labor
• Jun 16, 2010: DELIVERED TO ASSEMBLY
• Jun 16, 2010: PASSED SENATE
• Jun 16, 2010: ORDERED TO THIRD READING CAL.992
• Jun 15, 2010: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 9, 2010: PRINT NUMBER 2956A
• Jun 9, 2010: AMEND AND RECOMMIT TO CODES
• Jun 7, 2010: REPORTED AND COMMITTED TO CODES
• Jan 6, 2010: REFERRED TO LABOR
• Mar 6, 2009: REFERRED TO LABOR

S2956A-2009 Meetings

S2956A-2009 Calendars

S2956A-2009 Votes

S2956A-2009 Memo

BILL NUMBER:S2956A

TITLE OF BILL:
An act to amend the labor law, in relation to prohibiting quotas for a
ticket, summons or arrest authorized by any general, special or local
law

PURPOSE:
Expands the quota penalty provisions to include a ticket, summons or
arrest.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 215-a of the Labor Law, to expand
the current ban on ticket quotas to include a ban on arrest or summons
quotas.

EXISTING LAW:
Section 215-a of the Labor Law currently prohibits discrimination
against employees for failure to meet ticket and summons quotas.

JUSTIFICATION:
Tickets, summons and arrests should be utilized by the police officer
when he or she feels that the circumstances are appropriate, rather than
in order to satisfy arbitrary quota requirements. To establish a quota
for an officer to meet a certain number of summonses or arrests is a
disservice to his or her trained and professional judgment, and unfair
to those who receive such citations.

LEGISLATIVE HISTORY:
S.6440-A of 2006 Died on Third Reading Calendar
S.8450 ADAMS Same as A.6926
Nolan (MS)
ON FILE: 06/13/08 Labor Law
TITLE: Expands the quota penalty provisions to include a ticket, summons
or arrest authorized by any general, special or local law
06/10/08 REFERRED TO RULES
A.6926 Nolan (MS) Same as S.8450
ADAMS
Labor Law
TITLE: Expands the quota penalty provisions to include a ticket, summons
or arrest authorized by any general, special or local law
03/22/07 Referred to Labor
06/20/07 Reported Referred to Codes
01/09/08 Referred to Labor

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S2956A-2009 Text

 S T A T E   O F   N E W   Y O R K
 
 2956--A
 2009-2010 Regular Sessions
 I N  SENATE
 March 6, 2009
 
 Introduced  by  Sens.  ADAMS, HASSELL-THOMPSON -- read twice and ordered
 printed, and when printed to be committed to the Committee on Labor -
 recommitted to the Committee on Labor in accordance with  Senate  Rule
 6,  sec.  8 -- reported favorably from said committee and committed to
 the Committee on Codes -- committee discharged, bill amended,  ordered
 reprinted as amended and recommitted to said committee
 AN  ACT  to amend the labor law, in relation to prohibiting quotas for a
 ticket, summons or arrest authorized by any general, special or  local
 law
 

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

 

Section 1.

Section 215-a of the labor law, as amended by  chapter  166
 of the laws of 1991, subdivision 3 as amended by chapter 526 of the laws
 of 1991, is amended to read as follows:

 

S  215-a. Discrimination against employees for failure to meet certain
 ticket quotas. 1. No employer or his OR HER duly authorized agent  shall
 transfer  or  in  any  other  manner  penalize OR THREATEN, EXPRESSLY OR
 IMPLIEDLY, an employee as to his OR HER employment [solely because] 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
 [employee has failed] EMPLOYEE'S FAILURE to meet a quota, established by
 his OR HER employer or his OR HER duly authorized agent, of (A)  tickets
 or  summonses  issued  within  a  specified period of time for [traffic]
 violations [including parking, standing or stopping]  OF  PROVISIONS  OF
 LAW  FOR WHICH A TICKET OR SUMMONS IS AUTHORIZED BY ANY GENERAL, SPECIAL
 OR LOCAL LAW; OR (B) ARRESTS MADE WITHIN A SPECIFIED PERIOD OF TIME  FOR
 VIOLATIONS  OF  PROVISIONS OF LAW FOR WHICH SUCH ARREST IS AUTHORIZED BY
 ANY GENERAL, SPECIAL OR LOCAL LAW; OR (C) STOPS OF INDIVIDUALS SUSPECTED
 OF CRIMINAL ACTIVITY WITHIN A SPECIFIED PERIOD OF TIME. Any employee  so
 transferred  or  otherwise penalized may cause to be instituted a griev
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05684-03-0
 
       S. 2956--A                          2
 ance proceeding pursuant to the provisions of  a  collective  bargaining
 agreement,  if  any,  or  pursuant to the provisions of section seventy
 five-a of the civil service law if no  collective  bargaining  agreement
 exists.  Any  employee  so  transferred  or otherwise penalized shall be
 restored to his OR HER previously assigned position  of  employment  and
 shall  be compensated by his OR HER employer for any loss of wages aris
 ing out of such transfer or other penalty, and shall  have  any  penalty
 imposed  restored;  provided,  that  if  such employee shall cease to be
 qualified to perform the duties of his OR HER employment he OR SHE shall
 not be entitled to such restoration; and it shall  be  contrary  to  the
 public  policy of this state for such employer to establish or hereafter
 maintain a quota policy of (I) tickets or summonses issued [for  traffic
 violations  including parking, standing, or stopping] WITHIN A SPECIFIED
 PERIOD OF TIME FOR VIOLATIONS OF PROVISIONS OF LAW FOR WHICH A TICKET OR
 SUMMONS IS AUTHORIZED BY ANY GENERAL, SPECIAL  OR  LOCAL  LAW;  OR  (II)
 ARRESTS  MADE  WITHIN  A  SPECIFIED  PERIOD  OF  TIME  FOR VIOLATIONS OF
 PROVISIONS OF LAW FOR WHICH SUCH ARREST IS AUTHORIZED  BY  ANY  GENERAL,
 SPECIAL  OR LOCAL LAW; OR (III) STOPS OF INDIVIDUALS SUSPECTED OF CRIMI
 NAL ACTIVITY WITHIN A SPECIFIED PERIOD OF TIME.
 2. For the purpose of this section  a  quota  shall  mean  a  specific
 number  of  (A)  tickets  or summonses [issued] for [traffic] violations
 [including parking, standing  or  stopping  which  are  required  to  be
 issued] OF LAW FOR WHICH A TICKET OR SUMMONS IS AUTHORIZED BY ANY GENER
 AL,  SPECIAL OR LOCAL LAW, WHICH ARE REQUIRED TO BE MADE WITHIN A SPECI
 FIED PERIOD OF TIME; OR (B) ARRESTS MADE FOR VIOLATIONS OF PROVISIONS OF
 LAW FOR WHICH SUCH ARREST IS AUTHORIZED BY ANY GENERAL, SPECIAL OR LOCAL
 LAW, WHICH ARE REQUIRED TO BE MADE within a specified period of time; OR
 (C) STOPS OF INDIVIDUALS SUSPECTED OF CRIMINAL ACTIVITY WITHIN A  SPECI
 FIED PERIOD OF TIME.
 [3. Nothing provided in this section shall prohibit an employer or his
 duly  authorized  agent from transferring or taking any other job action
 against such employee for failure  to  satisfactorily  perform  his  job
 assignment  of  issuing  tickets  or  summonses  for  traffic violations
 including parking, standing  or  stopping  except  that  the  employment
 productivity  of  such employee shall not be measured by such employee's
 failure to satisfactorily comply with the requirement of any  quota,  as
 that term is defined herein, which may be established.]
 

S  2. 

Section  215-a of the labor law, as added by chapter 633 of the
 laws of 1978, is amended to read as follows:

 

S 215-a. Discrimination against employees for failure to meet  certain
 ticket  quotas. 1. No employer or his OR HER duly authorized agent shall
 transfer or in any other  manner  penalize  OR  THREATEN,  EXPRESSLY  OR
 IMPLIEDLY,  an employee who is a police officer as to his OR HER employ
 ment [solely because] 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 [employee has failed] EMPLOYEE'S FAILURE to
 meet a quota, established by his OR HER employer  or  his  OR  HER  duly
 authorized  agent, of (A) tickets or summonses issued within a specified
 period of time [for traffic violations other than parking,  standing  or
 stopping]  OF PROVISIONS OF LAW FOR WHICH A TICKET OR SUMMONS IS AUTHOR
 IZED BY ANY GENERAL, SPECIAL OR LOCAL LAW; OR (B) ARRESTS MADE WITHIN  A
 SPECIFIED  PERIOD  OF TIME FOR VIOLATIONS OF PROVISIONS OF LAW FOR WHICH
 SUCH ARREST IS AUTHORIZED BY ANY GENERAL, SPECIAL OR LOCAL LAW;  OR  (C)
 STOPS  OF  INDIVIDUALS SUSPECTED OF CRIMINAL ACTIVITY WITHIN A SPECIFIED
 PERIOD OF TIME. Any employee so transferred or otherwise  penalized  may
 
       S. 2956--A                          3
 cause to be instituted a grievance proceeding pursuant to the provisions
 of  a  collective  bargaining  agreement,  if  any,  or  pursuant to the
 provisions of section seventy-five-a of the  civil  service  law  if  no
 collective  bargaining  agreement exists. Any employee so transferred or
 otherwise penalized shall be restored to his OR HER previously  assigned
 position  of  employment and shall be compensated by his OR HER employer
 for any loss of wages arising out of such transfer or other penalty, and
 shall have any penalty imposed restored; provided, that if such employee
 shall cease to be qualified to perform the duties of his OR HER  employ
 ment  he  OR SHE shall not be entitled to such restoration; and it shall
 be contrary to the public policy of this  state  for  such  employer  to
 establish  or  hereafter  maintain  a  quota  policy  of  (I) tickets or
 summonses issued [for traffic violations other than  parking,  standing,
 or  stopping]  WITHIN  A  SPECIFIED  PERIOD  OF  TIME  FOR VIOLATIONS OF
 PROVISIONS OF LAW FOR WHICH A TICKET OR SUMMONS  IS  AUTHORIZED  BY  ANY
 GENERAL,  SPECIAL  OR LOCAL LAW; OR (II) ARRESTS MADE WITHIN A SPECIFIED
 PERIOD OF TIME FOR VIOLATIONS OF PROVISIONS OF LAW FOR WHICH SUCH ARREST
 IS AUTHORIZED BY ANY GENERAL, SPECIAL OR LOCAL LAW; OR  (III)  STOPS  OF
 INDIVIDUALS  SUSPECTED OF CRIMINAL ACTIVITY WITHIN A SPECIFIED PERIOD OF
 TIME.
 2. For the purpose of this section  a  quota  shall  mean  a  specific
 number  of  (A)  tickets  or summonses [issued] for [traffic] violations
 [other than parking, standing or  stopping  which  are  required  to  be
 issued] OF LAW FOR WHICH A TICKET OR SUMMONS IS AUTHORIZED BY ANY GENER
 AL,  SPECIAL OR LOCAL LAW, WHICH ARE REQUIRED TO BE MADE WITHIN A SPECI
 FIED PERIOD OF TIME; OR (B) ARRESTS MADE FOR VIOLATIONS OF PROVISIONS OF
 LAW FOR WHICH SUCH ARREST IS AUTHORIZED BY ANY GENERAL, SPECIAL OR LOCAL
 LAW, WHICH ARE REQUIRED TO BE MADE within a specified period of time; OR
 (C) STOPS OF INDIVIDUALS SUSPECTED OF CRIMINAL ACTIVITY WITHIN A  SPECI
 FIED PERIOD OF TIME.
 [3. Nothing provided in this section shall prohibit an employer or his
 duly  authorized  agent from transferring or taking any other job action
 against such employee who is a police officer for failure  to  satisfac-
 torily  perform  his  job assignment of issuing tickets or summonses for
 traffic violations other than parking, standing or stopping except  that
 the employment productivity of such police officer shall not be measured
 by  such officer's failure to satisfactorily comply with the requirement
 of any quota, as that term is defined herein, which may be established.]
 

S 3. This act shall take effect immediately, provided that the  amend
 ments  to section 215-a of the labor law made by section one of this act
 shall be subject to the expiration and reversion of such section  pursu
 ant  to section 406 of chapter 166 of the laws of 1991, as amended, when
 upon such date the provisions of section two  of  this  act  shall  take
 effect.

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