Bill Text: NY A02447 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the executive law, the civil service law, the correction law, the education law, the mental hygiene law, the military law, the public authorities law, the public officers law and the state finance law, in relation to redesignating the office of employee relations as the office of employee and retiree relations and establishing a bureau for retired employees
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2010-01-06 - referred to governmental employees [A02447 Detail]
Download: New_York-2009-A02447-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2447
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. PHEFFER, CLARK, GREENE -- Multi-Sponsored by --
M. of A. ABBATE, COOK, SEMINERIO, WEISENBERG -- read once and referred
to the Committee on Governmental Employees
AN ACT to amend the executive law, the civil service law, the correction
law, the education law, the mental hygiene law, the military law, the
public authorities law, the public officers law and the state finance
law, in relation to redesignating the office of employee relations as
the office of employee and retiree relations and establishing a bureau
for retired employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 24 of the executive law, as added by chapter 491 of
2 the laws of 1969, is amended to read as follows:
3 ARTICLE 24
4 OFFICE OF EMPLOYEE AND RETIREE RELATIONS
5 Section 650. Statement of policy.
6 651. Definition.
7 652. Office of employee AND RETIREE relations; director.
8 653. Powers and duties.
9 653-A. BUREAU FOR RETIRED EMPLOYEES.
10 654. Actions by other officers, departments, boards, commissions
11 or agencies.
12 S 650. Statement of policy. The legislature hereby reaffirms its
13 policy to promote harmonious and cooperative relationships between the
14 state and its CURRENT AND RETIRED employees to protect the public by
15 assuring, at all times, the orderly and uninterrupted operations and
16 functions of state government; and recognizes that furtherance of such
17 policy requires creation in the executive department of an office of
18 employee AND RETIREE relations with staff and skills requisite to act as
19 the governor's agent in conducting collective negotiations, INCLUDING
20 MEASURES TO ADMINISTER TO THE NEEDS OF RETIRED STATE EMPLOYEES, to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05251-01-9
A. 2447 2
1 assure the proper implementation and administration of agreements
2 reached pursuant to such negotiations, and to assist the governor and
3 direct and coordinate the state's efforts with regard to the state's
4 powers and duties under the public employees' fair employment act.
5 S 651. Definition. For the purposes of this article, "director"
6 shall mean the director of employee AND RETIREE relations.
7 S 652. Office of employee AND RETIREE relations; director. There is
8 hereby created an office of employee AND RETIREE relations in the execu-
9 tive department. The head of the office of employee AND RETIREE
10 relations shall be the director of employee AND RETIREE relations who
11 shall be appointed by, and hold office at the pleasure of, the governor.
12 [He] SUCH DIRECTOR shall receive a salary to be fixed by the governor
13 within the amount appropriated therefor. The director may appoint such
14 deputies, assistants, consultants and other employees as may be needed
15 for the performance of his OR HER duties and may prescribe their powers
16 and duties and fix their compensation within the amount appropriated
17 therefor. Such office may have an office seal.
18 S 653. Powers and duties. The director shall assist the governor
19 with regard to relations between the state and its employees. Such
20 assistance may include acting as the governor's agent in discharging the
21 powers and duties conferred on the governor by the public employees'
22 fair employment act, as amended, including, without limitation, conduct-
23 ing collective negotiations with recognized or certified employee organ-
24 izations and executing agreements reached pursuant thereto. The direc-
25 tor shall have such other and further powers and duties as may from time
26 to time be conferred upon him OR HER by law and as the governor may from
27 time to time request. Nothing contained herein shall be interpreted to
28 enlarge, diminish or otherwise change any power or duty of the governor
29 or legislature under said act or otherwise.
30 S 653-A. BUREAU FOR RETIRED EMPLOYEES. A. THE DIRECTOR SHALL ESTAB-
31 LISH A BUREAU OF RETIREE RELATIONS WHICH SHALL ASSIST THE DIRECTOR ON
32 ALL MATTERS AFFECTING RETIRED STATE EMPLOYEES INCLUDING BUT NOT LIMITED
33 TO HEALTH INSURANCE, HEALTH EDUCATION, AND OTHER BENEFITS INCLUDING
34 COST-OF-LIVING LONGEVITY SUPPLEMENTS.
35 B. IN ADDITION, AN ADVISORY COUNCIL SHALL BE ESTABLISHED WITHIN THE
36 OFFICE COMPOSED OF NINE MEMBERS WHO ARE RETIREES FROM STATE SERVICE AND
37 CURRENT MEMBERS OF STATEWIDE ASSOCIATIONS OR UNIONS OF PUBLIC EMPLOYEES.
38 ONE MEMBER SHALL BE ELECTED BY THE MEMBERSHIP TO SERVE AS CHAIRPERSON.
39 THREE MEMBERS EACH SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
40 SENATE, THE SPEAKER OF THE ASSEMBLY AND THE GOVERNOR. THE PURPOSE OF THE
41 COUNCIL SHALL BE TO ADVISE THE DIRECTOR ON THE NEEDS OF RETIREES WHICH
42 PERTAIN TO RETIREE BENEFITS AND SERVICES.
43 C. THE COUNCIL SHALL MEET FROM TIME TO TIME BUT NO LESS THAN FOUR
44 TIMES A YEAR.
45 D. THE MEMBERS OF THE ADVISORY COUNCIL SHALL SERVE WITHOUT SALARY BUT
46 EACH MEMBER SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY
47 EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES.
48 S 654. Actions by other officers, departments, boards, commissions or
49 agencies. a. Notwithstanding any inconsistent provision of law, any
50 state officer, department, board, commission or agency, shall, upon
51 written request from the director, take such administrative or other
52 action as is necessary to implement and administer the provisions of any
53 binding agreement between the state and one or more employee organiza-
54 tions representing state employees pursuant to the public employees'
55 fair employment act, as amended AND MATTERS AFFECTING RETIRED STATE
56 EMPLOYEES. Such action may include, without limitation, the adoption,
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1 repeal or amendment of rules, regulations or other procedures. Without
2 prejudice to the rights of an employee organization under such agree-
3 ment, the opinion of the attorney general shall be conclusive in resolv-
4 ing any disagreement between the director and any such officer, depart-
5 ment, board, commission or agency regarding any legal question arising
6 out of such a request, including, without limitation, whether the agree-
7 ment is binding, whether compliance with the request is necessary to
8 implement or administer the agreement and whether compliance with the
9 request is legally possible.
10 b. All state officers, departments, boards, commissions and agencies
11 are authorized and directed to provide such other and further assist-
12 ance, services and data as may be necessary to allow the director prop-
13 erly to carry out [his] THE functions, powers and duties PRESCRIBED
14 UNDER THIS ARTICLE.
15 S 2. Paragraph (b) of subdivision 16 of section 94 of the executive
16 law, as amended by chapter 14 of the laws of 2007, is amended to read as
17 follows:
18 (b) Conduct training programs in cooperation with the governor's
19 office of employee AND RETIREE relations to provide education to indi-
20 viduals subject to its jurisdiction; and
21 S 3. Subdivision 3 of section 169 of the executive law, as added by
22 chapter 263 of the laws of 1987, is amended to read as follows:
23 3. Notwithstanding any other provision of this section or any other
24 provision of law, the boards of trustees of the state university of New
25 York and the city university of New York shall each establish and imple-
26 ment salary plans for the chancellors, presidents and senior staffs of
27 such state and city universities, respectively. The board of regents
28 shall establish and implement a separate salary plan for the president
29 of the university of the state of New York, setting forth the compen-
30 sation to be received by the president for performing the duties of that
31 office assigned by the rules of the regents or statute, which shall be
32 in addition to the compensation received by such person pursuant to the
33 provisions of subdivisions one and two of this section. Such salary
34 plans shall be developed after consultation with the governor's office
35 of employee AND RETIREE relations and the division of the budget. Any
36 increase in compensation for the positions set forth in this subdivi-
37 sion, not otherwise funded from any appropriation, shall be funded from
38 reallocations of funds within the appropriations specifically identified
39 by the aforementioned boards. Each board of trustees and the board of
40 regents shall file a proposed salary plan report with the chairs of the
41 senate finance committee and the assembly ways and means committee and
42 the director of the budget at least sixty days prior to the effective
43 date of such salary plan. Each salary plan report shall set forth the
44 salary schedule, the dollar value of additional public compensation and
45 other employment benefits that such positions would receive, the specif-
46 ic sources of funding to be reallocated for salary increases, the amount
47 of increase to be provided to each position, the comparison salary data
48 on which the plan is based, and such other information as the boards of
49 trustees and the board of regents deem appropriate.
50 S 4. Paragraph (a) of subdivision 15 of section 501 of the executive
51 law, as amended by section 1 of part H of chapter 58 of the laws of
52 2006, is amended to read as follows:
53 (a) confer with the department of civil service, the governor's office
54 of employee AND RETIREE relations and any other state agency to develop
55 strategies which attempt to minimize the impact on the state workforce
56 by providing assistance in obtaining state employment in state-operated
A. 2447 4
1 community-based services or other employment opportunities, and to
2 develop strategies for the development of necessary retraining and rede-
3 ployment programs. In planning such strategies, the commissioner of the
4 office of children and family services shall provide for the partic-
5 ipation of the representatives of the employee labor organizations and
6 for the participation of managerial and confidential employees to ensure
7 continuity of employment;
8 S 5. Subdivision 2 of section 7-a of the civil service law, as added
9 by chapter 705 of the laws of 2006, is amended to read as follows:
10 2. The commission on increasing diversity in the state government
11 workforce shall be composed of fifteen members, to be appointed as
12 follows: nine members shall be appointed by the governor, three members
13 shall be appointed by the temporary president of the senate, and three
14 members shall be appointed by the speaker of the assembly. Of the nine
15 members appointed by the governor, at least one member shall represent
16 each of the following: the department, the office of employee AND RETI-
17 REE relations, the governor's appointments office, a prominent civil
18 rights organization representing blacks, a prominent civil rights organ-
19 ization representing Hispanics, and a prominent civil rights organiza-
20 tion representing Asians. All the members appointed by the temporary
21 president of the senate and the speaker of the assembly shall be repre-
22 sentatives of a protected class as established by federal statutory or
23 case law. Every member of the commission shall serve at the pleasure of
24 the official who appointed him or her. The members shall be broadly
25 representative of the geographic areas of the state and the diverse
26 minority communities of the state. The governor shall designate the
27 chair and vice-chair of the commission from among his or her appointees.
28 Vacancies in the membership of the commission shall be filled in the
29 manner provided for original appointments.
30 S 6. Subdivision 3 of section 79 of the civil service law, as added by
31 chapter 315 of the laws of 1995, is amended to read as follows:
32 3. Rulemaking authority. The commission shall adopt rules for carrying
33 into effect the provisions of this section, including rules providing
34 for the relinquishment of eligibility for appointment upon appointment
35 or upon failure or refusal to accept appointment from a redeployment
36 list. Additionally, notwithstanding any inconsistent provision of law,
37 rule, or regulation, an agreement between the state and an employee
38 organization recognized or certified pursuant to article fourteen of
39 this chapter can provide employment security rights and benefits where
40 the state has exercised its right to contract out for goods and
41 services. The commission upon receipt of a written request of the direc-
42 tor of employee AND RETIREE relations, is authorized to implement
43 provisions of such agreement consistent with the terms thereof and, to
44 the extent necessary, may adopt rules and regulations providing for the
45 benefits to be thereunder provided. The commission, with the approval of
46 the director of the budget, may extend such benefits in whole or in
47 part, to state employees excluded from collective negotiating units.
48 S 7. Subdivision 7 of section 134 of the civil service law, as added
49 by chapter 491 of the laws of 1969, is amended to read as follows:
50 [7.] 8. No rule, regulation or other procedure under this section
51 affecting state employees shall be adopted, repealed or amended without
52 the approval of the director of employee AND RETIREE relations.
53 S 8. Paragraph (c) of subdivision 1 of section 135 of the civil
54 service law, as amended by chapter 9 of the laws of 2005, is amended to
55 read as follows:
A. 2447 5
1 (c) employees in the office of general services who are specified as
2 eligible under a labor management memorandum of understanding with the
3 appropriate employee representative organization to participate in prac-
4 tices or programs constituting one or more pilot studies to evaluate the
5 effect of extra compensation on productivity, efficiency and overall
6 service delivery. The commissioner of general services in consultation
7 with the director of the governor's office of employee AND RETIREE
8 relations and the director of classification and compensation in the
9 department and with the approval of the director of the budget is hereby
10 authorized to direct the payment of extra compensation to such employ-
11 ees. Such extra compensation shall be paid pursuant to a specified plan
12 developed by the commissioner of general services which shall be effec-
13 tive when approved by the director of the budget. The payment of such
14 extra compensation shall be in addition to and shall not be part of an
15 employee's basic annual salary, and shall not affect or impair any
16 performance advancement payments, performance awards, longevity payments
17 or other rights or benefits to which an employee may be entitled.
18 Furthermore, any additional compensation payable pursuant to this subdi-
19 vision shall not be included as compensation for retirement purposes.
20 S 9. Subdivision 1 of section 158 of the civil service law, as amended
21 by section 4 of part C of chapter 56 of the laws of 2006, is amended to
22 read as follows:
23 1. The president, subject to the provisions of this section, is hereby
24 empowered to establish regulations relating to, and to enter into and
25 administer contracts providing for, a group term life insurance plan,
26 and a group accident and health insurance plan on behalf of legislators,
27 employees of the legislature hired on an annual basis, judges and
28 justices of the unified court system, and state employees and retired
29 employees who, for the purposes of article fourteen of this chapter,
30 have been for a period of time prescribed by the regulations and, except
31 for such retirees, continue to be in positions designated as managerial
32 or confidential positions. The president may authorize the inclusion in
33 the plan of such employees and retired employees of other governments or
34 public employers as defined in subdivision seven of section two hundred
35 one of this chapter. The president may adopt whatever other regulations
36 which may be necessary to fulfill the intentions of this section. No
37 regulation shall be adopted, repealed or amended, and no other action
38 taken with respect to such employees affecting the amount of, or eligi-
39 bility for, benefits or rates of contribution under this section without
40 the approval of the director of employee AND RETIREE relations.
41 The full costs of any insurance program or programs established pursu-
42 ant to this subdivision, excluding administrative costs, shall be borne
43 by insureds and retirees. Any interest earned by the moneys in the life
44 insurance fund shall be added to such fund, become a part of such fund,
45 be used for the purpose of such fund, and be available without fiscal
46 year limitation.
47 S 10. Subdivision 1 of section 159 of the civil service law, as
48 amended by chapter 1028 of the laws of 1981, is amended to read as
49 follows:
50 1. The president, subject to the approval of the director of employee
51 AND RETIREE relations and the director of the budget, is hereby
52 empowered to establish regulations relating to, and to enter into and
53 administer contracts or agreements providing for group insurance or mass
54 merchandising policies or programs for state employees in the executive
55 branch precluded from collective bargaining by subdivision five or
56 subdivision seven of section two hundred one of this chapter.
A. 2447 6
1 S 11. Section 159-a of the civil service law, as amended by chapter
2 583 of the laws of 1988, is amended to read as follows:
3 S 159-a. Disability program. Notwithstanding any other law, rule or
4 regulation to the contrary, where an agreement between the state and an
5 employee organization entered into pursuant to article fourteen of this
6 chapter so provides on behalf of employees in positions serving in the
7 collective negotiating unit created by chapter four hundred three of the
8 laws of nineteen hundred eighty-three, the director of employee AND
9 RETIREE relations is authorized to establish and implement a disability
10 program that will provide long term income protection for such employees
11 and the president is empowered to establish regulations to effect such
12 implementation. No regulation shall be adopted, repealed or amended, and
13 no other action taken with respect to such employees or such implementa-
14 tion without the approval of the director of employee AND RETIREE
15 relations. Notwithstanding any other law, rule or regulation to the
16 contrary, any employee who participates in or is covered by a disability
17 program authorized by this section shall receive retirement service
18 credit not to exceed six months during the period that he or she is
19 receiving the short term disability benefit under such program on the
20 same basis and at the same rate as such employee would receive such
21 credit were he or she on sick leave at half pay for the period of time
22 for which such employee would have been entitled to such sick leave at
23 half pay had the sick leave policy supplemented by the short term disa-
24 bility program remained in effect.
25 S 12. Subdivision 3 of section 160 of the civil service law, as added
26 by chapter 491 of the laws of 1969, is amended to read as follows:
27 3. Notwithstanding any inconsistent provision of this article, no rule
28 or regulation shall be adopted, repealed or amended, and no other action
29 taken with respect to state employees affecting the rate of or eligibil-
30 ity for benefits under this article, without the approval of the direc-
31 tor of employee AND RETIREE relations.
32 S 13. Subdivision 1 of section 161-a of the civil service law, as
33 amended by chapter 302 of the laws of 1985, is amended to read as
34 follows:
35 1. Where, and to the extent that, an agreement between the state and
36 an employee organization entered into pursuant to article fourteen of
37 this chapter provides for health insurance benefits, the president,
38 after receipt of written directions from the director of employee AND
39 RETIREE relations, shall implement the provisions of such agreement
40 consistent with the terms thereof and to the extent necessary shall
41 adopt regulations providing for the benefits to be thereunder provided.
42 The president, with the approval of the director of the budget, may
43 extend such benefits, in whole or in part, to employees not subject to
44 the provisions of such agreement.
45 S 14. The opening paragraph of section 165-a of the civil service law,
46 as amended by chapter 467 of the laws of 1991, is amended to read as
47 follows:
48 Notwithstanding any other provision of law to the contrary, the presi-
49 dent shall permit the unremarried spouse and the dependents, otherwise
50 qualified as eligible for coverage under regulations of the president,
51 of a person who was an employee of the state and/or of a political
52 subdivision thereof or of a public authority for not less than ten
53 years, provided however, that the ten-year service requirement shall not
54 apply to such employees on active military duty in connection with the
55 Persian Gulf conflict who die on or after August second, nineteen
56 hundred ninety while in the Persian Gulf combat zone or while performing
A. 2447 7
1 such military duties, who had been a participant in any of the state
2 health insurance plans, to continue under the coverage which such
3 deceased employee had in effect at the time of death, upon the payment
4 at intervals determined by the president of the full cost of such cover-
5 age, provided, however, that the unremarried spouse of an active employ-
6 ee of the State who died on or after April first nineteen hundred seven-
7 ty-five and before April first nineteen hundred seventy-nine who timely
8 elected to continue dependent coverage, or such unremarried spouse who
9 timely elected individual coverage shall continue to pay at intervals
10 determined by the president one-quarter of the full cost of dependent
11 coverage and provided further, that, with regard to employees of the
12 State, where and to the extent that an agreement pursuant to article
13 fourteen of this chapter so provides, or where the director of employee
14 AND RETIREE relations, with respect to employees of the State who are
15 not included within a negotiating unit so recognized or certified pursu-
16 ant to article fourteen of this chapter whom the director of employee
17 relations determines should be declared eligible for the continuation of
18 health insurance plans for the survivors of such employees of the State,
19 the president shall adopt regulations providing for the continuation of
20 such health insurance by the unremarried spouse of an active employee of
21 the State who died on or after April first nineteen hundred seventy-nine
22 who elects to continue dependent coverage, or such unremarried spouse
23 who elects individual coverage, and upon such election shall pay at
24 intervals determined by the president one-quarter of the full cost of
25 dependent coverage and, provided further with respect to enrolled
26 employees of a political subdivision or public authority in a negotiat-
27 ing unit recognized or certified pursuant to article fourteen of this
28 chapter, where an agreement negotiated pursuant to said article so
29 provides, and with respect to enrolled employees of a political subdivi-
30 sion or public authority not included within a negotiating unit so
31 recognized or certified, at the discretion of the appropriate political
32 subdivision or public authority, the unremarried spouse of an active
33 employee of the political subdivision or of the public authority who
34 died on or after April first nineteen hundred seventy-five, may elect to
35 continue dependent coverage or such unremarried spouse may elect indi-
36 vidual coverage and upon such election shall pay at intervals determined
37 by the president one-quarter of the full cost of dependent coverage.
38 S 15. Subdivision 2 of section 171 of the civil service law, as added
39 by chapter 585 of the laws of 1998, is amended to read as follows:
40 2. Notwithstanding any inconsistent provision of this article, no rule
41 or regulation shall be adopted, repealed or amended, and no other action
42 taken with respect to state employees affecting the rate or eligibility
43 for benefits under this article, without the approval of the director of
44 employee AND RETIREE relations.
45 S 16. Subdivision 1 of section 79-a of the correction law, as amended
46 by section 2 of part D of chapter 63 of the laws of 2005, is amended to
47 read as follows:
48 1. confer with the department of civil service, the governor's office
49 of employee AND RETIREE relations and any other appropriate state agen-
50 cies to develop strategies which attempt to minimize the impact of the
51 closure on the state work force;
52 S 17. Section 79-b of the correction law, as amended by section 2 of
53 part D of chapter 63 of the laws of 2005, is amended to read as follows:
54 S 79-b. Adaptive reuse plan for consideration prior to prison closure.
55 Not later than six months prior to the effective date of closure of a
56 correctional facility, the commissioner shall, in consultation with the
A. 2447 8
1 commissioners of economic development, civil service and the division of
2 criminal justice services and the director of the governor's office of
3 employee AND RETIREE relations, provide a report for an adaptive reuse
4 plan for any facility slated for closure which will evaluate the commu-
5 nity impact of the proposed closure including but not limited to the
6 following factors: the potential to utilize the property for another
7 state government purpose, including for a new purpose as part of the
8 state criminal justice system; potential for the sale or transfer of the
9 property to a local government or other governmental entity; potential
10 for the sale of the property to a private entity for development into a
11 business, residential or other purpose; community input for local devel-
12 opment; and the condition of the facility and the investments required
13 to keep the structure in good repair, or to make it viable for reuse.
14 S 18. Section 6208 of the education law, as added by chapter 305 of
15 the laws of 1979, is amended to read as follows:
16 S 6208. Collective negotiation. For the purposes of article fourteen
17 of the civil service law, the city university of New York shall be
18 deemed to be the public employer and as such shall negotiate with and
19 enter into written agreements with employee organizations representing
20 the instructional staff and non-instructional staff of the senior
21 colleges and community colleges of such university that have been certi-
22 fied or recognized under such article. For purposes of such article,
23 the chancellor of the city university shall be deemed to be the chief
24 executive officer, the chief legal officer of the city university shall
25 be chief legal officer, and the legislature of the state of New York
26 shall be deemed to be the legislative body of the government. In carry-
27 ing on such negotiations, the city university of New York shall consult
28 with and seek assistance from the state office of employee AND RETIREE
29 relations and the New York city office of municipal labor relations.
30 The state public employment relations board shall have exclusive juris-
31 diction for the purpose of administering the provisions of such article
32 and the provisions of section two hundred twelve of such article shall
33 not be applicable to any such negotiations.
34 S 19. The opening paragraph of paragraph 4 of subdivision (b) of
35 section 5.07 of the mental hygiene law, as amended by chapter 723 of the
36 laws of 1993, is amended to read as follows:
37 The commissioner of mental health in consultation with the department
38 of civil service, the office of employee AND RETIREE relations and any
39 other appropriate state agency, shall prepare for the governor and the
40 legislature a written evaluation report concerning the retraining and
41 continuation of employment of persons whose employment in a state-oper-
42 ated hospital listed in section 7.17 of this chapter may be terminated
43 because of planned closure or consolidation of such state-operated
44 hospital. Such report shall include, but not be limited to:
45 S 20. Paragraph 1 of subdivision (e) of section 7.17 of the mental
46 hygiene law, as amended by chapter 170 of the laws of 1994, is amended
47 to read as follows:
48 1. confer with the department of civil service, the governor's office
49 of employee AND RETIREE relations and any other state agency to develop
50 strategies which attempt to minimize the impact on the state workforce
51 by providing assistance in obtaining state employment in state-operated
52 community-based services or other employment opportunities, and to
53 develop strategies for the development of necessary retraining and rede-
54 ployment programs. In planning such strategies, the commissioner shall
55 provide for the participation of the representatives of the employee
A. 2447 9
1 labor organizations and for the participation of managerial and confi-
2 dential employees to ensure continuity of employment;
3 S 21. Section 19-a of the military law, as added by chapter 106 of the
4 laws of 2003, is amended to read as follows:
5 S 19-a. Family liaison officer. The adjutant general shall designate
6 family liaison officers to provide assistance to the families of those
7 military personnel who have been deployed for active military duty,
8 other than training. Such officer shall coordinate his or her duties
9 with the state's employee assistance program that is maintained by the
10 office of employee AND RETIREE relations. The assistance provided by
11 such officer shall include, but not be limited to: (a) serving as liai-
12 son between the families of service personnel and the department of
13 defense; (b) providing information on family assistance programs that
14 are available from the state and federal government; (c) ensuring that
15 the families of those military personnel on active duty receive appro-
16 priate support and assistance. A family liaison officer shall be avail-
17 able beginning on the date of any declaration of war by the Congress
18 through the date prescribed by presidential proclamation or concurrent
19 resolution of Congress, or during any periods of combat as designated by
20 presidential executive orders. The family liaison officer may be
21 assisted in his or her duties by such staff under the jurisdiction of
22 the adjutant general that may be necessary to perform the duties of such
23 position.
24 S 22. The opening paragraph of subdivision 1 of section 3558 of the
25 public authorities law, as added by chapter 5 of the laws of 1997, is
26 amended to read as follows:
27 The employees of the corporation shall, for all purposes of article
28 fourteen of the civil service law, be deemed to be employees of the
29 state of New York and shall be employed within the current state of New
30 York bargaining unit designations of either the professional, scientific
31 and technical unit, the administration services unit, operational
32 services unit, institutional services unit or security services unit.
33 The governor's office of employee AND RETIREE relations shall, for all
34 purposes of article fourteen of the civil service law, act as agent for
35 the corporation, and shall, with respect to the corporation, have all
36 the powers and duties provided under sections six hundred fifty through
37 six hundred fifty-four of the executive law. Those persons who become
38 employees of the corporation pursuant to subdivision one of this section
39 or who enter into the service of the corporation following the effective
40 date of the transfer shall retain their current bargaining unit desig-
41 nations in either the professional, scientific and technical services
42 unit, the administrative services unit, the institutional services unit,
43 the operational services unit, the security services unit or the securi-
44 ty supervisors unit of state employees. The corporation and the state
45 shall recognize the existing certified or recognized employee organiza-
46 tions for state employees as the exclusive collective bargaining repre-
47 sentatives for such employees.
48 S 23. Subdivision 3 of section 64-a of the public officers law, as
49 added by chapter 453 of the laws of 1989, is amended to read as follows:
50 3. A state department or agency may, after the effective date of this
51 section, adopt a patent policy, or amend a patent policy previously
52 approved by the director of the budget for such agency, subject to the
53 approval of the director of the budget, the state comptroller and the
54 director of the office of employee AND RETIREE relations. Where such
55 policy or amendment affects a term or condition of employment, such
A. 2447 10
1 policy or amendment shall be adopted in accordance with the provisions
2 of article fourteen of the civil service law.
3 S 24. Subdivision 12-d of section 8 of the state finance law, as
4 amended by section 5 of part A of chapter 10 of the laws of 2008, is
5 amended to read as follows:
6 12-d. Notwithstanding any inconsistent provision of the court of
7 claims act, examine, audit and certify for payment any claim submitted
8 and approved by the head of a state department or agency, other than a
9 department or agency specified in subdivision twelve of this section,
10 for personal property of an employee damaged or destroyed in the course
11 of the performance of official duties without fault on his part by an
12 inmate, patient or client of such department or agency after March thir-
13 ty-first, two thousand seven and prior to April first, two thousand
14 eleven, provided no such claim may be certified for payment to an offi-
15 cer or employee who is in a collective negotiating unit until the direc-
16 tor of employee AND RETIREE relations shall deliver to the comptroller a
17 certificate that there is in effect with respect to such negotiating
18 unit a written collectively negotiated agreement with the state pursuant
19 to article fourteen of the civil service law which provides therefor.
20 Payment of any such claim shall not exceed the sum of three hundred
21 dollars. No person submitting a claim under this subdivision shall have
22 any claim for damages to such personal property approved pursuant to the
23 provision of subdivision four of section five hundred thirty of the
24 labor law or any other applicable provision of law.
25 S 25. Section 136-c of the state finance law, as added by section 10
26 of part B of chapter 68 of the laws of 2000, is amended to read as
27 follows:
28 S 136-c. Contracts for employee training and organizational develop-
29 ment services. The director of employee AND RETIREE relations is hereby
30 authorized to enter into contracts for use by all state departments and
31 agencies for services to support employee training and organizational
32 development initiatives. Pursuant to procedures developed by the direc-
33 tor of employee AND RETIREE relations in consultation with the state
34 comptroller, agencies shall be permitted to access such contracts
35 directly in a manner similar to that used for centralized commodity
36 contracts let by the commissioner of general services pursuant to
37 section one hundred sixty-three of [the state finance law] THIS CHAPTER.
38 Nothing contained [herein] IN THIS SECTION shall preclude the director
39 of employee AND RETIREE relations from adherence to New York state
40 bidding requirements or any other law, rule or regulation governing the
41 purchase of consultant services. Further, nothing contained [herein] IN
42 THIS SECTION shall restrict or preclude state departments or agencies
43 from procuring such training and organizational development services
44 directly without consideration of contracts let by the director of
45 employee AND RETIREE relations.
46 S 26. Subdivision 2 of section 200 of the state finance law, as added
47 by chapter 78 of the laws of 1982, is amended to read as follows:
48 2. Notwithstanding the provisions of subdivision one of this section,
49 where the state and an employee organization representing state officers
50 and employees who are in positions which are in collective negotiating
51 units established pursuant to article fourteen of the civil service law
52 enter into an agreement providing for an alternative procedure for the
53 payment of salaries to such employees or where the director of employee
54 AND RETIREE relations shall authorize an alternative procedure for the
55 payment of salaries to state officers or employees in the executive
56 branch who are in positions which are not in collective negotiating
A. 2447 11
1 units, such alternative procedure shall be implemented in lieu of the
2 procedure specified in subdivision one of this section.
3 S 27. Subdivision 2 of section 201 of the state finance law, as
4 amended by chapter 233 of the laws of 1992, is amended to read as
5 follows:
6 2. The comptroller is hereby authorized to deduct from the salary of
7 any employee of the state such amount as such employee may specify in
8 writing filed in a manner determined by the comptroller for the payment
9 of membership dues in a duly organized association or organization of
10 civil service employees or faculty members of the state university and
11 to transmit the sums so deducted to the said association or organiza-
12 tion. Any such written authorization may be withdrawn by such employee
13 at any time upon filing written notice of such withdrawal in a manner
14 determined by the comptroller. The foregoing notwithstanding, and
15 subject to the provisions of article fourteen of the civil service law,
16 such deductions and transmittals shall be terminated as to one or more
17 such associations or organizations in accordance with the written
18 directions of the director of employee AND RETIREE relations, not more
19 than thirty days after receipt by the comptroller of such directions.
20 The deductions and transmittals which were the subject of such
21 directions shall not thereafter be resumed without the written approval
22 of such director.
23 S 28. Subdivisions 2 and 4 of section 201-a of the state finance law,
24 as added by chapter 732 of the laws of 1988, are amended to read as
25 follows:
26 2. The director of employee AND RETIREE relations, in consultation
27 with the director of the budget and the president of the civil service
28 commission, is authorized to establish a flexible benefits program
29 consistent with sections seventy-nine, one hundred five, one hundred
30 six, one hundred twenty-five and one hundred twenty-nine of the internal
31 revenue code and regulations adopted pursuant thereto, and implement
32 such program subject to the approval of the director of the budget.
33 4. The term "program administrator" shall mean that agent, as deter-
34 mined by the director of employee AND RETIREE relations, responsible for
35 the maintenance and management of flexible spending accounts as author-
36 ized in subdivision two of this section.
37 S 29. Subdivisions 2 and 4 of section 201-b of the state finance law,
38 as added by section 11 of part B of chapter 68 of the laws of 2000, are
39 amended to read as follows:
40 2. The director of employee AND RETIREE relations, in consultation
41 with the director of the budget and the president of the civil service
42 commission, is authorized to establish a qualified transportation fringe
43 benefit program consistent with section 132 of the internal revenue code
44 and regulations adopted pursuant thereto, and implement such program
45 subject to the approval of the director of the budget.
46 4. The term "program administrator" shall mean that agent, as deter-
47 mined by the director of employee AND RETIREE relations, responsible for
48 the maintenance and management of the qualified transportation fringe
49 benefit program as authorized in subdivision two of this section.
50 S 30. Subdivision 5 of section 202 of the state finance law, as sepa-
51 rately added by chapters 405 and 957 of the laws of 1981, is amended to
52 read as follows:
53 5. The director of the budget shall, with the approval of the director
54 of employee AND RETIREE relations, prescribe and amend such regulations
55 as may be necessary to carry out the provisions of this section. Such
56 regulations may include, but need not be limited to, provisions (a)
A. 2447 12
1 prescribing standards, criteria, and procedures for determining eligi-
2 bility for reimbursement of travel and moving expenses in accordance
3 with the provisions of this section, and, if deemed advisable by the
4 budget director, enumerating positions or classes or groups of positions
5 for which he has determined that, upon transfer, reassignment or
6 promotion, travel and moving expenses shall or shall not be payable
7 under this section;
8 (b) fixing maximum dollar limitations on reimbursement for travel and
9 moving expenses pursuant to this section;
10 (c) excluding or limiting reimbursement for expenses for moving less
11 than a prescribed minimum distance, for moving household goods and
12 possessions in excess of a prescribed maximum weight, or for storage or
13 living expenses.
14 S 31. Paragraph a of subdivision 1 of section 206 of the state finance
15 law, as separately added by chapters 405 and 957 of the laws of 1981, is
16 amended to read as follows:
17 a. "Director" shall mean the director of employee AND RETIREE
18 relations.
19 S 32. Paragraph a of subdivision 1 of section 206-a of the state
20 finance law, as added by chapter 394 of the laws of 1984, is amended to
21 read as follows:
22 a. "Director" shall mean the director of employee AND RETIREE
23 relations.
24 S 33. Paragraph a of subdivision 1 of section 207 of the state finance
25 law, as amended by chapter 78 of the laws of 1982, is amended to read as
26 follows:
27 a. "Director" shall mean the director of employee AND RETIREE
28 relations.
29 S 34. Paragraph a of subdivision 1 of section 207-a of the state
30 finance law, as added by chapter 305 of the laws of 1985, is amended to
31 read as follows:
32 a. "Director" shall mean the director of employee AND RETIREE
33 relations.
34 S 35. Paragraph a of subdivision 1 of section 207-b of the state
35 finance law, as added by chapter 313 of the laws of 1985, is amended to
36 read as follows:
37 a. "Director" shall mean the director of employee AND RETIREE
38 relations.
39 S 36. Paragraph a of subdivision 1 of section 207-c of the state
40 finance law, as added by chapter 510 of the laws of 1986, is amended to
41 read as follows:
42 a. "Director" shall mean the director of employee AND RETIREE
43 relations.
44 S 37. Paragraph (a) of subdivision 1 of section 207-d of the state
45 finance law, as added by chapter 114 of the laws of 2006, is amended to
46 read as follows:
47 (a) "Director" shall mean the director of employee AND RETIREE
48 relations.
49 S 38. Paragraph a of subdivision 1 of section 209 of the state finance
50 law, as added by chapter 924 of the laws of 1982, is amended to read as
51 follows:
52 a. "Director" shall mean the director of employee AND RETIREE
53 relations.
54 S 39. This act shall take effect immediately.
