S4135-2011 Actions

• Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
• Mar 21, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S4135-2011 Memo

BILL NUMBER:S4135

TITLE OF BILL:
An act
to amend chapter 695 of the laws of 1994 amending the civil service law
relating to injunctive relief in improper practice cases, in relation to
extending the effectiveness of provisions contained therein

PURPOSE OR GENERAL IDEA OF BILL:
This bill intends to continue to provide for an expedited method to
resolve improper labor practice issues.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would extend the provisions relating to injunctive relief
from June 30, 2011 to June 30, 2013.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would extend the applicability of injunctive relief in
public employment improper practice cases for two years.
Current law provides that injunctive relief under the Taylor Law may
be granted when:

o there is reasonable cause to believe and improper practice has
occurred; and,

o where it appears that immediate and irreparable
injury, loss or damage will result thereby rendering a resulting
judgment on the merits ineffectual necessitating the maintenance of,
or return to, the status quo to provide meaningful relief

JUSTIFICATION:
Injunctive relief was enacted in 1994 to provide an expedited method
to resolve improper practice cases in the public sector where there
was deemed to be immediate and irreparable harm. Since it took effect
in 1995, it has enabled labor and management to resolve numerous
issues. It is, therefore, appropriate that this law be extended.

PRIOR LEGISLATIVE HISTORY:
Chapter 172 of the Laws of 1997
Chapter 108 of the Laws of 1999
Chapter 46  of the Laws of 2001
Chapter 90  of the laws of 2003
Chapter 29  of the laws of 2005
Chapter 11  of the laws of 2007
Chapter 29  of the laws of 2009

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.

S4135-2011 Text

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

                                    4135

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 21, 2011
                                 ___________

  Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Civil Service and Pensions

  AN ACT to amend chapter 695 of the  laws  of  1994  amending  the  civil
    service  law relating to injunctive relief in improper practice cases,
    in relation to extending the  effectiveness  of  provisions  contained
    therein

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


    Section 1. Section 2 of chapter 695 of the laws of 1994  amending  the
  civil  service  law  relating  to injunctive relief in improper practice
  cases, as amended by chapter 29 of the laws of 2009, is amended to  read
  as follows:

    S  2.  This  act shall take effect January 1, 1995, provided, however,
  that subdivisions 4 and 5 of section 209-a of the civil service law,  as
  added  by  section  one of this act, shall expire and be deemed repealed
  [on] June 30, [2011] 2013.
    S 2. This act shall take effect immediately.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06283-01-1