S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1187
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the state administrative procedure act, in  relation  to
   enforcement of violations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The state administrative procedure act is amended by adding
 a new article 6 to read as follows:
                                 ARTICLE 6
                         ENFORCEMENT OF VIOLATIONS
 SECTION 601. ENFORCEMENT OF VIOLATIONS.
   § 601. ENFORCEMENT OF VIOLATIONS. 1. UNLESS OTHERWISE PROVIDED BY LAW,
 NO STATE AGENCY SHALL:
   (A) IMPOSE OR SUGGEST ANY ENFORCEMENT QUOTA WITH RESPECT  TO  OFFICERS
 OR  EMPLOYEES DIRECTLY INVOLVED IN ENFORCEMENT ACTIVITIES OR THEIR IMME-
 DIATE SUPERVISORS;
   (B) USE RECORDS OF QUANTITATIVE ENFORCEMENT  RESULTS  AS  THE  PRIMARY
 CRITERION TO EVALUATE SUCH OFFICERS, EMPLOYEES OR SUPERVISORS;
   (C)  REWARD ANY OFFICER, EMPLOYEE OR SUPERVISOR FOR MEETING OR EXCEED-
 ING AN ENFORCEMENT QUOTA; OR
   (D) TRANSFER OR IN ANY OTHER MANNER PENALIZE OR THREATEN, EXPRESSLY OR
 IMPLIEDLY, ANY SUCH OFFICER, EMPLOYEE OR SUPERVISOR AS  TO  HIS  OR  HER
 EMPLOYMENT 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 PERSON'S FAILURE TO MEET AN ENFORCEMENT QUOTA.
   2.  NOTHING  IN  THIS SECTION SHALL PRECLUDE AN AGENCY FROM MAKING AND
 COMMUNICATING FORECASTS OF ENFORCEMENT RESULTS  FOR  PLANNING  PURPOSES,
 AND  ACCUMULATING,  TABULATING, PUBLISHING AND USING ENFORCEMENT RESULTS
 FOR MANAGEMENT AND CONTROL OF AGENCY RESOURCES SO  LONG  AS  ENFORCEMENT
 RESULTS OR TABULATIONS ARE NOT USED AS THE PRIMARY CRITERION TO EVALUATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05123-01-1

 A. 1187                             2
 
 AN  OFFICER  OR EMPLOYEE DESCRIBED IN SUBDIVISION ONE OF THIS SECTION OR
 TO IMPOSE OR SUGGEST ENFORCEMENT QUOTAS. IN THE DISCHARGE OF A MANAGER'S
 RESPONSIBILITIES, BUT SUBJECT TO THE PROVISIONS OF  SUBDIVISION  ONE  OF
 THIS  SECTION, A MANAGER MAY RAISE QUESTIONS WITH AN OFFICER OR EMPLOYEE
 ABOUT THE NUMBER OF CASES PROCESSED  OR  INSPECTIONS  PERFORMED  BY  THE
 OFFICER OR EMPLOYEE, THE AMOUNT OF TIME THE OFFICER OR EMPLOYEE HAS BEEN
 SPENDING  ON  INDIVIDUAL  ENFORCEMENT ACTIVITIES, OR THE KIND OF RESULTS
 THE OFFICER OR EMPLOYEE HAS BEEN OBTAINING, AND MAY USE  SIMILAR  STAND-
 ARDS  IN  EVALUATING THE PERFORMANCE OF A SUPERVISOR OF SUCH OFFICERS OR
 EMPLOYEES.
   3. AS USED IN THIS SECTION, "ENFORCEMENT QUOTA" SHALL MEAN A QUANTITA-
 TIVE  STANDARD  FOR  EVALUATING  OR  MEASURING  ENFORCEMENT  ACTIVITIES,
 INCLUDING  BUT NOT LIMITED TO (A) A SPECIFIC NUMBER OF ENFORCEMENT CASES
 IN WHICH CITATIONS FOR VIOLATIONS ARE MADE WITHIN A SPECIFIED PERIOD  OF
 TIME;  (B) THE TOTAL NUMBER OF VIOLATIONS FOUND WITHIN A SPECIFIED PERI-
 OD; (C) THE TOTAL DOLLAR AMOUNT OF PENALTIES ASSOCIATED WITH ENFORCEMENT
 ACTIVITIES WITHIN A SPECIFIED PERIOD OF TIME; OR (D) ANY  COMPARISON  OF
 THE  ENFORCEMENT  ACTIVITIES  OF AN OFFICER, EMPLOYEE OR SUPERVISOR WITH
 OTHER OFFICERS, EMPLOYEES OR SUPERVISORS, WITH AN AVERAGE OF SUCH ACTIV-
 ITIES OR WITH OTHER QUANTITATIVE STANDARDS, WHEN  USED  TO  PENALIZE  OR
 REWARD  OFFICERS,  EMPLOYEES  OR SUPERVISORS FOR ATTAINING OR FAILING TO
 ATTAIN A SPECIFIC NUMBER OF CITATIONS FOR  VIOLATIONS  AND/OR  PENALTIES
 WITHIN A SPECIFIED PERIOD OF TIME.
   § 2. This act shall take effect immediately.