NY State Senate Bill 2023-S6491

Senate Bill S6491

Signed By Governor

2023-2024 Legislative Session

Relates to court confirmation of arbitration awards for public sector arbitrations

download bill text pdf

Current Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 21, 2023	signed chap.679
Nov 13, 2023	delivered to governor
Jun 05, 2023	returned to senate passed assembly ordered to third reading rules cal.538 substituted for a6866
May 22, 2023	referred to judiciary delivered to assembly passed senate
May 15, 2023	advanced to third reading
May 10, 2023	2nd report cal.
May 09, 2023	1st report cal.796
Apr 24, 2023	referred to judiciary

Votes

- May 22, 2023 - Floor Vote
  S6491
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 22, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Canzoneri-Fitzpatrick
      
      Parker
  May 9, 2023 - Judiciary Committee Vote
  S6491
  
  15
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 9, 2023
      
      aye (15)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Ramos
      
      Rhoads
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      aye wr (4)
      
      Canzoneri-Fitzpatrick
      
      Lanza
      
      Martins
      
      O'Mara

2023-S6491 (ACTIVE) - Details

See Assembly Version of this Bill:: A6866
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §7510, add §7510-a, CPLR

2023-S6491 (ACTIVE) - Summary

Provides that the court shall confirm an award in a public sector arbitration proceeding upon application of a party made within one year after delivery to the party, unless an application to vacate or modify the award upon certain grounds is made.

2023-S6491 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6491

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to court
confirmation of arbitration awards for public sector arbitrations

 
SUMMARY OF PROVISIONS:

Section 1. Technical amendment.

Section 2. Provides that a court shall confirm an award upon the appli-
cation of a party within one year after its delivery to the party unless
an application to vacate or modify the award is made within 90 days
after the delivery of the award. Furthermore, the proposal states that
this section only applies to awards issued from an arbitration between a
public employer and public employee.

Section 3. Effective date

 
JUSTIFICATION:

Under section 7511 of the CPLR, a party to an arbitration is permitted
to move to modify or vacate an arbitration award within 90 days of
receiving the award. Further, if an award is modified, it is then
confirmed by the Court at that time. Similarly, if a motion to vacate or
modify is denied, the award is confirmed as is by the court.

However, under current law unsuccessful parties have a loophole to
extend this process. When a successful party waits 91 or more days for
the unsuccessful party to comply with the award the successful party is
then forced to move to confirm the award, which requires them to file in
court and pay the filing fees and request for judicial intervention
fees. The unsuccessful party then simply cross moves to modify or vacate
without any penalty for waiting beyond 90 days and without the need to
pay the same court fees.

This legislation would close this loophole for arbitrations between
public employers and employees by requiring a party to make an applica-
tion to modify or vacate an award within 90 days after delivery of the
award. An unsuccessful party knows whether it intends to comply with an
award or whether it will move to vacate or modify an award within the
90-day period.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
Immediately.

2023-S6491 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6491
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation  to  court
   confirmation of arbitration awards for public sector arbitrations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7510 of the civil practice law and rules is amended
 to read as follows:
   § 7510. Confirmation of award. The court shall confirm an  award  upon
 application  of a party made within one year after its delivery to [him]
 THEM, unless the award is vacated or modified upon a ground specified in
 section [7511] SEVENTY-FIVE HUNDRED ELEVEN OF THIS ARTICLE.
   § 2. The civil practice law and rules  is  amended  by  adding  a  new
 section 7510-a to read as follows:
   §  7510-A.  CONFIRMATION OF AWARD FOR PUBLIC SECTOR ARBITRATIONS.  (A)
 THE COURT SHALL CONFIRM AN AWARD IN A PUBLIC SECTOR ARBITRATION PROCEED-
 ING UPON APPLICATION OF A PARTY MADE WITHIN ONE YEAR AFTER ITS  DELIVERY
 TO THE PARTY, UNLESS AN APPLICATION TO VACATE OR MODIFY THE AWARD UPON A
 GROUND  SPECIFIED IN SECTION SEVENTY-FIVE HUNDRED ELEVEN OF THIS ARTICLE
 IS MADE WITHIN NINETY DAYS AFTER THE DELIVERY OF THE AWARD TO THE  PARTY
 SEEKING TO MODIFY OR VACATE.
   (B)  THIS  SECTION  SHALL  ONLY  APPLY  TO  AWARDS FROM AN ARBITRATION
 BETWEEN A PUBLIC EMPLOYER AND AN EMPLOYEE OF THE PUBLIC EMPLOYER.
   (C) FOR THE PURPOSES OF THIS SECTION, "PUBLIC EMPLOYER" MEANS (I)  THE
 STATE OF NEW YORK, (II) A COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLI-
 TICAL  SUBDIVISION  OR  CIVIL  DIVISION  OF  THE  STATE,  (III) A SCHOOL
 DISTRICT OR ANY GOVERNMENTAL ENTITY OPERATING A PUBLIC  SCHOOL,  COLLEGE
 OR  UNIVERSITY,  (IV)  A  PUBLIC  IMPROVEMENT OR SPECIAL DISTRICT, (V) A
 PUBLIC AUTHORITY, COMMISSION, OR PUBLIC BENEFIT  CORPORATION,  (VI)  ANY
 OTHER  PUBLIC  CORPORATION, AGENCY OR INSTRUMENTALITY OR UNIT OF GOVERN-
 MENT WHICH EXERCISES GOVERNMENTAL POWERS UNDER THE LAWS OF THE STATE, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10647-01-3

 S. 6491                             2
 
 (VII) IN THE CASE OF A COUNTY SHERIFF'S OFFICE IN THOSE  COUNTIES  WHERE
 THE  OFFICE  OF  SHERIFF IS AN ELECTED POSITION, BOTH THE COUNTY AND THE
 SHERIFF, SHALL BE DESIGNATED AS A JOINT PUBLIC EMPLOYER FOR ALL PURPOSES
 OF THIS ARTICLE.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.