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

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S1214-2013 Actions

• Jan 9, 2013: REFERRED TO FINANCE

S1214-2013 Memo

BILL NUMBER:S1214

TITLE OF BILL:
An act
in relation to creating the public employees' fair employment act study
commission

SUMMARY OF PROVISIONS: SECTION 1- Contains
legislative findings that
the Public Employees Fair Employment Act has now been in effect for
approximately 40 years. It is appropriate to review whether the law,
in its current form, continues to meet the needs of public employees,
public employers and the people of New York State.

SECTION 2 - Creates the Public Employees' Fair Employment Act Study
Commission and describes the composition and duties of the
Commission. This section provides that the Commission shall conduct a
comprehensive study of the practical application of Article 14 of the
Civil Service Law, and report to the Governor, Senate, Assembly,
Comptroller and Attorney General not later than one year after the
date on which the Commission first meets.

SECTION 3 - Provides that this act shall take effect immediately.

PURPOSE JUSTIFICATION: The Taylor Law is now
approaching its 40th
anniversary. Sections of the law have been extended periodically, and
through the years, additional employee groups have become subject to
the provisions of the law. The residents of New York City recently
suffered the disruption of service and economic loss of a transit
strike. At the western end of the state, both the City of Buffalo and
the County of Erie are under the supervision of control boards. Other
communities across the state face economic pressures that may also
lead to contemplation of control boards in the future. Across the
state, interested parties ask whether the law, as presently
constituted, can be improved. Unfortunately, discussions about the
Taylor Law usually seem to arise in the midst of difficult
negotiations or budget problems. This law is critical to the
efficient operation of state and local government, and deserves a
careful and thoughtful review outside of the context of any
particular dispute. The residents of our state deserve to know that
their tax dollars are being spent prudently, and that they will
receive uninterrupted, high quality service. Public employees deserve
to know that they will be treated fairly and with respect for
their concerns, and that the service they deliver to the residents of
New York is recognized. All parties need to know that when decisions
are made they will accurately reflect the communities that must live
with those decisions. It is appropriate at this time to appoint a blue
ribbon commission to evaluate and consider whether the law, in its
present form, is still the best answer as we enter the 21st Century.
This bill creates such a commission, who can listen to the concerns
and suggestions of the residents of New York State and consider the

legislation that has been enacted by other states. The Commission is
directed to report to the Governor, the Senate and the Assembly
within one (1) year after the date that the Commission first meets.
There is a fundamental compact between the citizens and the
government. The citizenry supports government with its tax dollars,
and in return expects government to provide the services that allow
society to properly function efficiently and responsibly. There is
also a compact between government and the employees who actually
perform the day-to-day tasks of government that these employees will
work conscientiously to serve the residents, and that in return they
will be treated respectfully and responsibly. It is critical that the
Legislature ensure that we are doing our part to fulfill our
responsibility to properly expend the tax dollars entrusted to us,
and to supply services required efficiently, effectively and without
interruption.

PRIOR LEGISLATIVE HISTORY:
2005-2006: S.68741A.10129 - FINANCE/Gov't Employees
2007-2008: S.2118/A.4110 FINANCE/Gov't Employees
2009-2010: S.3034 - FINANCE
2011-2012: S.2518/A.2283 -- FINANCE/Gov't Employees

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall
take effect immediately.

S1214-2013 Text

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

                                    1214

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, 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:


    Section 1. Legislative findings. The legislature hereby finds that the
  public  employees' fair employment act, as provided in article 14 of the
  civil service law, became effective in September of 1967 and has been in
  effect for over 40 years. Representatives of both public  employees  and
  employers have raised questions about the current law causing the legis-
  lature  to  query  whether  the  law,  as currently enacted, effectively
  addresses labor relations between public employers and public employees.
  The legislature, therefore, deems it appropriate to review and study the
  provisions of the act and  if  necessary,  make  recommendations  as  to
  amendments  that  will  improve  relations  between public employers and
  employees, while better protecting the interests  of  public  employees,
  the state, public employers and the residents of New York state.
    S  2.  The  public employees' fair employment act study commission. 1.
  There is hereby established a commission to  be  known  as  the  "public
  employees'  fair  employment act study commission" (hereinafter referred
  to in this section as the "commission"). The commission shall:

    (a) be composed of 13 members appointed in accordance with subdivision
  2 of this section; and
    (b) conduct its business in accordance with  the  provisions  of  this
  section.
    2.  The  members  shall be appointed for the life of the commission as
  follows:

    (a) 2 shall be appointed by the temporary president of the senate;
    (b) 1 shall be appointed by the minority leader of the senate;

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04838-01-3

 S. 1214                             2

    (c) 2 shall be appointed by the speaker of the assembly;
    (d) 1 shall be appointed by the minority leader of the assembly; and
    (e) 7 shall be appointed by the governor.
    3.  The  members of the commission shall be individuals who have know-
  ledge or expertise, whether by experience or training, in matters to  be
  studied  by  the commission under subdivision eight of this section. The
  members shall be from the public sector, who may include federal, state,
  or local officers or employees, members of academia, nonprofit organiza-
  tions, or other interested individuals.
    4. The temporary president of the senate, the minority leader  of  the
  senate, the speaker of the assembly, the minority leader of the assembly
  and the governor shall consult among themselves prior to the appointment
  of  the  members  of  the commission in order to achieve, to the maximum
  extent possible, fair and equitable representation of various points  of
  view  with  respect to the matters to be studied by the commission under
  subdivision 8 of this section. After such consultation each  shall  make
  his  or  her  respective  appointment  not  later than 45 days after the
  effective date of this section. Any vacancy that occurs during the  life
  of  the  commission  shall  not  affect the powers of the commission and
  shall be filled in the same manner as the original appointment not later
  than 45 days after the vacancy occurs.
    5. The initial meeting of the commission shall be conducted not  later
  than 30 days after the appointment of the last member of the commission.
  The first act of the commission shall be to select by consensus a chair-
  person.
    6.  A  majority  of  the  members shall constitute a quorum to conduct
  business, but the commission may establish a lesser quorum for  conduct-
  ing  hearings scheduled by the commission. Each member shall have 1 vote
  and the vote of each member shall  be  accorded  the  same  weight.  The
  commission  may  establish,  by  majority  vote, any other rules for the
  conduct of the commission's business, insofar  as  such  rules  are  not
  inconsistent with this section or other applicable law.
    7.  It is the duty of the commission to hold hearings across the state
  and conduct a comprehensive study of the practical application of  arti-
  cle  14 of the civil service law, together with laws associated with the
  article, including but not limited to section 751 of the  judiciary  law
  and section 93-b of the general municipal law.
    (a) The matters studied by the commission under this subdivision shall
  include, but not be limited to:

    (1)  the  historic, economic, and social changes in the context of the
  practical application of the existing law;
    (2) the interests of public employees and public employers  under  the
  existing law; and
    (3)  the  nature  and source of the recommendations for change between
  public employees and public employers;
    (b) Not later than 1 year after the date on which the commission first
  meets, the commission shall submit to  the  governor,  the  senate,  the
  assembly,  the  comptroller  and  the  attorney  general a comprehensive
  report on the commission's findings and conclusions.
    (c) Not later than 3 months after the submission of the  report  under
  paragraph  (b)  of this subdivision, the commission shall issue proposed
  changes to state laws and regulations to improve labor relations between
  public employees and public employers.
    8. The commission shall have the power to hold hearings, at such sites
  and to act at such times and places, to  take  such  testimony,  and  to

 S. 1214                             3

  receive  such evidence as the commission considers advisable to carrying
  out its duties under this subdivision.
    9.  The  members of the commission shall be allowed travel expenses at
  rates authorized for employees of state agencies while away  from  their
  homes  or  regular  places of business in the performance of service for
  the commission.
    10. The commission  shall  terminate  60  days  after  the  commission
  submits the report required under subdivision seven of this section.
    S 3. This act shall take effect immediately.