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

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S596-2013 Actions

• Jan 9, 2013: REFERRED TO LABOR

S596-2013 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.

S596-2013 Text

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

                                     596

                         2013-2014 Regular Sessions

                              I N  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.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01839-01-3