Bill S596-2013

Designates discrimination against employees for failure to meet certain ticket quotas as a class A misdemeanor

Designates discrimination against employees for failure to meet certain ticket quotas as a class A misdemeanor.

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  • Jan 8, 2014: REFERRED TO LABOR
  • Jan 9, 2013: REFERRED TO LABOR

Memo

BILL NUMBER:S596

TITLE OF BILL: An act to amend the labor law, in relation to designating discrimination against employees for failure to meet certain ticket quotas as a class A misdemeanor

PURPOSE: Strengthens the quota penalty provisions by making a violation constitute a class A misdemeanor, as defined in the penal law.

SUMMARY OF PROVISIONS: Section one amends section 215-a of the Labor Law, by adding a new subdivision three. Subdivision three provides that each violation of subdivision one of section 215-a of the Labor Law shall constitute a class A misdemeanor, as defined in the penal law.

Section two establishes that this law shall take effect on the thirtieth day after it shall have become law and shall apply to acts committed on or after such effective date, provided that the amendments to section 215-a of the labor law, made by section one of this act, shall survive the expiration and reversion of such section as provided in subdivision (P) of section 406 of chapter 166 of the laws of 1991, as amended.

EXISTING LAW: Section 215-a of the Labor law currently prohibits discrimination against employees fox failure to meet arrest, ticket and summons quotas.

JUSTIFICATION: Tickets, summons, traffic citations and arrests should be utilized by a 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.

This bill would strengthen the quota penalty provisions by making a violation constitute a class A misdemeanor, as defined in the penal law and face up to one year in jail.

LEGISLATIVE HISTORY: 2012: Senate Bill 6617 (Gianaris) - Died in Senate Rules Committee 2012: Assembly Bill 9630 (Camara) - Died in Assembly Labor Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill will take effect on the thirtieth day after it shall have become law and shall apply to acts committed on or after such

effective date, provided that the amendments to section 215-a of the labor law, made by section one of this act, shall survive the expiration and reversion of such section as provided in subdivision (p) of section 406 of chapter 166 of the laws of 1991, as amended.


Text

STATE OF NEW YORK ________________________________________________________________________ 596 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. GIANARIS, ESPAILLAT, HASSELL-THOMPSON, PARKER, PERALTA, RIVERA, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to designating discrimination against employees for failure to meet certain ticket quotas as a class A misdemeanor 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 is amended by adding a new subdivision 3 to read as follows: 3. EACH VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR, AS DEFINED IN THE PENAL LAW. S 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to acts committed on or after such effective date, provided that the amendments to section 215-a of the labor law, made by section one of this act, shall survive the expiration and reversion of such section as provided in subdivision (p) of section 406 of chapter 166 of the laws of 1991, as amended.

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