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S06818 Summary:

BILL NOS06818
 
SAME ASSAME AS A08540
 
SPONSORAMEDORE
 
COSPNSRTEDISCO, MARCHIONE, BRESLIN, MURPHY
 
MLTSPNSR
 
Amd §§130, 208 & 134, rpld §130 sub 1 ¶a sub¶¶ 1 - 3, Civ Serv L; amd §8, St Fin L; amd §17, Chap 333 of 1969
 
Relates to compensation and other terms and conditions of employment of certain state officers and employees; authorizes funding of joint labor-management committees; implements agreements between the state and an employee organization; relates to salary increases for certain state officers and employees, in relation to rates of pay for certain state employees; and makes an appropriation therefor.
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S06818 Actions:

BILL NOS06818
 
06/20/2017REFERRED TO RULES
06/21/2017ORDERED TO THIRD READING CAL.2201
06/21/2017MESSAGE OF NECESSITY - 3 DAY MESSAGE
06/21/2017PASSED SENATE
06/21/2017DELIVERED TO ASSEMBLY
06/21/2017referred to ways and means
06/21/2017substituted for a8540
06/21/2017ordered to third reading rules cal.693
06/21/2017message of necessity - 3 day message
06/21/2017passed assembly
06/21/2017returned to senate
07/27/2017DELIVERED TO GOVERNOR
08/08/2017SIGNED CHAP.165
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S06818 Committee Votes:

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S06818 Memo:

Memo not available
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S06818 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6818
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      June 20, 2017
                                       ___________
 
        Introduced  by  Sens.  AMEDORE, TEDISCO, MARCHIONE -- (at request of the
          Governor) -- read twice and ordered printed, and when  printed  to  be
          committed to the Committee on Rules
 
        AN  ACT  to  amend  the  civil service law and the state finance law, in
          relation to compensation and other terms and conditions of  employment
          of certain state officers and employees, to authorize funding of joint
          labor-management committees, to implement agreements between the state
          and an employee organization; to amend chapter 333 of the laws of 1969
          amending  the  civil  service  law  and  other laws relating to salary
          increases for certain state officers and  employees,  in  relation  to
          rates of pay for certain state employees; to repeal certain provisions
          of the civil service law relating thereto; and making an appropriation
          for the purpose of effectuating certain provisions hereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraphs 1, 2 and 3 of paragraph a of subdivision 1 of
     2  section 130 of the civil service law are REPEALED and five new  subpara-
     3  graphs 1, 2, 3, 4 and 5 are added to read as follows:
     4    (1)  Effective  April  seventh,  two thousand sixteen for officers and
     5  employees on the administrative  payroll  and  effective  March  thirty-
     6  first,  two  thousand sixteen for officers and employees on the institu-
     7  tional payroll:
 
     8  SG    HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR
     9                 1      2      3      4      5      6
    10   1   23391   24180  24969  25758  26547  27336  28125   28914    789
    11   2   24284   25112  25940  26768  27596  28424  29252   30080    828
    12   3   25496   26361  27226  28091  28956  29821  30686   31551    865
    13   4   26609   27525  28441  29357  30273  31189  32105   33021    916
    14   5   27882   28841  29800  30759  31718  32677  33636   34595    959
    15   6   29442   30439  31436  32433  33430  34427  35424   36421    997
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12022-01-7

        S. 6818                             2
 
     1   7   31070   32116  33162  34208  35254  36300  37346   38392   1046
     2   8   32822   33907  34992  36077  37162  38247  39332   40417   1085
     3   9   34651   35785  36919  38053  39187  40321  41455   42589   1134
     4  10   36633   37822  39011  40200  41389  42578  43767   44956   1189
     5  11   38758   40007  41256  42505  43754  45003  46252   47501   1249
     6  12   40975   42267  43559  44851  46143  47435  48727   50019   1292
     7  13   43406   44758  46110  47462  48814  50166  51518   52870   1352
     8  14   45918   47326  48734  50142  51550  52958  54366   55774   1408
     9  15   48584   50051  51518  52985  54452  55919  57386   58853   1467
    10  16   51305   52840  54375  55910  57445  58980  60515   62050   1535
    11  17   54193   55815  57437  59059  60681  62303  63925   65547   1622
    12  18   57324   59018  60712  62406  64100  65794  67488   69182   1694
    13  19   60395   62173  63951  65729  67507  69285  71063   72841   1778
    14  20   63555   65402  67249  69096  70943  72790  74637   76484   1847
    15  21   66963   68897  70831  72765  74699  76633  78567   80501   1934
    16  22   70553   72575  74597  76619  78641  80663  82685   84707   2022
    17  23   74325   76435  78545  80655  82765  84875  86985   89095   2110
    18  24   78371   80555  82739  84923  87107  89291  91475   93659   2184
    19  25   82702   84983  87264  89545  91826  94107  96388   98669   2281
 
    20    (2)  Effective  April  sixth,  two thousand seventeen for officers and
    21  employees on the administrative payroll and effective  March  thirtieth,
    22  two  thousand  seventeen for officers and employees on the institutional
    23  payroll:
 
    24  SG    HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR
    25                 1      2      3      4      5      6
    26   1   23859   24664  25469  26274  27079  27884  28689   29494    805
    27   2   24770   25615  26460  27305  28150  28995  29840   30685    845
    28   3   26006   26888  27770  28652  29534  30416  31298   32180    882
    29   4   27141   28075  29009  29943  30877  31811  32745   33679    934
    30   5   28440   29418  30396  31374  32352  33330  34308   35286    978
    31   6   30031   31048  32065  33082  34099  35116  36133   37150   1017
    32   7   31691   32758  33825  34892  35959  37026  38093   39160   1067
    33   8   33478   34585  35692  36799  37906  39013  40120   41227   1107
    34   9   35344   36501  37658  38815  39972  41129  42286   43443   1157
    35  10   37366   38579  39792  41005  42218  43431  44644   45857   1213
    36  11   39533   40807  42081  43355  44629  45903  47177   48451   1274
    37  12   41795   43113  44431  45749  47067  48385  49703   51021   1318
    38  13   44274   45653  47032  48411  49790  51169  52548   53927   1379
    39  14   46836   48272  49708  51144  52580  54016  55452   56888   1436
    40  15   49556   51052  52548  54044  55540  57036  58532   60028   1496
    41  16   52331   53897  55463  57029  58595  60161  61727   63293   1566
    42  17   55277   56931  58585  60239  61893  63547  65201   66855   1654
    43  18   58470   60198  61926  63654  65382  67110  68838   70566   1728
    44  19   61603   63417  65231  67045  68859  70673  72487   74301   1814
    45  20   64826   66710  68594  70478  72362  74246  76130   78014   1884
    46  21   68302   70275  72248  74221  76194  78167  80140   82113   1973
    47  22   71964   74026  76088  78150  80212  82274  84336   86398   2062
    48  23   75812   77964  80116  82268  84420  86572  88724   90876   2152
    49  24   79938   82166  84394  86622  88850  91078  93306   95534   2228
    50  25   84356   86683  89010  91337  93664  95991  98318  100645   2327
 
    51    (3) Effective April fifth, two  thousand  eighteen  for  officers  and
    52  employees  on  the  administrative  payroll  and effective March twenty-

        S. 6818                             3
 
     1  ninth, two thousand eighteen for officers and employees on the  institu-
     2  tional payroll:
 
     3  SG    HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR
     4                 1      2      3      4      5      6
     5   1   24336   25157  25978  26799  27620  28441  29262   30083    821
     6   2   25265   26127  26989  27851  28713  29575  30437   31299    862
     7   3   26526   27426  28326  29226  30126  31026  31926   32826    900
     8   4   27684   28637  29590  30543  31496  32449  33402   34355    953
     9   5   29009   30007  31005  32003  33001  33999  34997   35995    998
    10   6   30632   31669  32706  33743  34780  35817  36854   37891   1037
    11   7   32325   33413  34501  35589  36677  37765  38853   39941   1088
    12   8   34148   35277  36406  37535  38664  39793  40922   42051   1129
    13   9   36051   37231  38411  39591  40771  41951  43131   44311   1180
    14  10   38113   39350  40587  41824  43061  44298  45535   46772   1237
    15  11   40324   41623  42922  44221  45520  46819  48118   49417   1299
    16  12   42631   43975  45319  46663  48007  49351  50695   52039   1344
    17  13   45159   46566  47973  49380  50787  52194  53601   55008   1407
    18  14   47773   49238  50703  52168  53633  55098  56563   58028   1465
    19  15   50547   52073  53599  55125  56651  58177  59703   61229   1526
    20  16   53378   54975  56572  58169  59766  61363  62960   64557   1597
    21  17   56383   58070  59757  61444  63131  64818  66505   68192   1687
    22  18   59639   61402  63165  64928  66691  68454  70217   71980   1763
    23  19   62835   64685  66535  68385  70235  72085  73935   75785   1850
    24  20   66123   68045  69967  71889  73811  75733  77655   79577   1922
    25  21   69668   71680  73692  75704  77716  79728  81740   83752   2012
    26  22   73403   75506  77609  79712  81815  83918  86021   88124   2103
    27  23   77328   79523  81718  83913  86108  88303  90498   92693   2195
    28  24   81537   83810  86083  88356  90629  92902  95175   97448   2273
    29  25   86043   88417  90791  93165  95539  97913 100287  102661   2374
 
    30    (4)  Effective  April  fourth,  two thousand nineteen for officers and
    31  employees on the administrative  payroll  and  effective  March  twenty-
    32  eighth, two thousand nineteen for officers and employees on the institu-
    33  tional payroll:
 
    34  SG    HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR
    35                 1      2      3      4      5      6
    36   1   24823   25660  26497  27334  28171  29008  29845   30682    837
    37   2   25770   26649  27528  28407  29286  30165  31044   31923    879
    38   3   27057   27975  28893  29811  30729  31647  32565   33483    918
    39   4   28238   29210  30182  31154  32126  33098  34070   35042    972
    40   5   29589   30607  31625  32643  33661  34679  35697   36715   1018
    41   6   31245   32303  33361  34419  35477  36535  37593   38651   1058
    42   7   32972   34082  35192  36302  37412  38522  39632   40742   1110
    43   8   34831   35983  37135  38287  39439  40591  41743   42895   1152
    44   9   36772   37976  39180  40384  41588  42792  43996   45200   1204
    45  10   38875   40137  41399  42661  43923  45185  46447   47709   1262
    46  11   41130   42455  43780  45105  46430  47755  49080   50405   1325
    47  12   43484   44855  46226  47597  48968  50339  51710   53081   1371
    48  13   46062   47497  48932  50367  51802  53237  54672   56107   1435
    49  14   48728   50222  51716  53210  54704  56198  57692   59186   1494
    50  15   51558   53115  54672  56229  57786  59343  60900   62457   1557
    51  16   54446   56075  57704  59333  60962  62591  64220   65849   1629
    52  17   57511   59232  60953  62674  64395  66116  67837   69558   1721
    53  18   60832   62630  64428  66226  68024  69822  71620   73418   1798

        S. 6818                             4
 
     1  19   64092   65979  67866  69753  71640  73527  75414   77301   1887
     2  20   67445   69406  71367  73328  75289  77250  79211   81172   1961
     3  21   71061   73113  75165  77217  79269  81321  83373   85425   2052
     4  22   74871   77016  79161  81306  83451  85596  87741   89886   2145
     5  23   78875   81114  83353  85592  87831  90070  92309   94548   2239
     6  24   83168   85486  87804  90122  92440  94758  97076   99394   2318
     7  25   87764   90185  92606  95027  97448  99869 102290  104711   2421
 
     8    (5)  Effective  April  second,  two  thousand  twenty for officers and
     9  employees on the administrative  payroll  and  effective  March  twenty-
    10  sixth,  two  thousand  twenty for officers and employees on the institu-
    11  tional payroll:
 
    12  SG    HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR
    13                 1      2      3      4      5      6
    14   1   25319   26173  27027  27881  28735  29589  30443   31297    854
    15   2   26285   27182  28079  28976  29873  30770  31667   32564    897
    16   3   27598   28534  29470  30406  31342  32278  33214   34150    936
    17   4   28803   29794  30785  31776  32767  33758  34749   35740    991
    18   5   30181   31219  32257  33295  34333  35371  36409   37447   1038
    19   6   31870   32949  34028  35107  36186  37265  38344   39423   1079
    20   7   33631   34763  35895  37027  38159  39291  40423   41555   1132
    21   8   35528   36703  37878  39053  40228  41403  42578   43753   1175
    22   9   37507   38735  39963  41191  42419  43647  44875   46103   1228
    23  10   39653   40940  42227  43514  44801  46088  47375   48662   1287
    24  11   41953   43304  44655  46006  47357  48708  50059   51410   1351
    25  12   44354   45752  47150  48548  49946  51344  52742   54140   1398
    26  13   46983   48447  49911  51375  52839  54303  55767   57231   1464
    27  14   49703   51227  52751  54275  55799  57323  58847   60371   1524
    28  15   52589   54177  55765  57353  58941  60529  62117   63705   1588
    29  16   55535   57197  58859  60521  62183  63845  65507   67169   1662
    30  17   58661   60416  62171  63926  65681  67436  69191   70946   1755
    31  18   62049   63883  65717  67551  69385  71219  73053   74887   1834
    32  19   65374   67299  69224  71149  73074  74999  76924   78849   1925
    33  20   68794   70794  72794  74794  76794  78794  80794   82794   2000
    34  21   72482   74575  76668  78761  80854  82947  85040   87133   2093
    35  22   76368   78556  80744  82932  85120  87308  89496   91684   2188
    36  23   80453   82737  85021  87305  89589  91873  94157   96441   2284
    37  24   84831   87195  89559  91923  94287  96651  99015  101379   2364
    38  25   89519   91988  94457  96926  99395 101864 104333  106802   2469
 
    39    § 2. Subdivision 2 of section 208 of the civil service law, as amended
    40  by section 3 of part A of chapter 491 of the laws of 2011, is amended to
    41  read as follows:
    42    2. An employee organization certified or recognized pursuant  to  this
    43  article  shall  be  entitled to unchallenged representation status until
    44  seven months prior to the expiration of a written agreement between  the
    45  public  employer  and  said  employee organization determining terms and
    46  conditions of employment. For the purposes of this subdivision, (a)  any
    47  such  agreement  for  a  term covering other than the fiscal year of the
    48  public employer shall be deemed to expire with the  fiscal  year  ending
    49  immediately  prior  to  the  termination date of such agreement, (b) any
    50  such agreement having a term in excess of three years shall  be  treated
    51  as  an  agreement for a term of three years, provided, however, any such
    52  agreement between the state and an  employee  organization  representing
    53  employees  in  the executive or judicial branches which commences in the

        S. 6818                             5
 
     1  calendar year two thousand [eleven] sixteen having a term in  excess  of
     2  three  years  shall be treated as an agreement for a term certain speci-
     3  fied in such agreement but in no event for  a  term  greater  than  four
     4  years,  and  (c)  extensions  of any such agreement shall not extend the
     5  period of unchallenged representation status.
     6    § 3. Paragraph (e) of subdivision  3  of  section  130  of  the  civil
     7  service  law,  as  amended  by section 4 of part A of chapter 491 of the
     8  laws of 2011, is amended to read as follows:
     9    (e) (1) Where, and to the extent that, an agreement between the  state
    10  and  an  employee organization entered into pursuant to article fourteen
    11  of this chapter on behalf of officers and employees serving in positions
    12  in the administrative services unit, institutional services unit, opera-
    13  tional services unit or division of military and naval affairs  unit  so
    14  provides  officers  and employees to whom paragraph a of subdivision one
    15  of this section applies who, on  or  after  April  first,  two  thousand
    16  [eleven] sixteen, on their anniversary date have five or more years, but
    17  less  than  ten years, of continuous service as defined by paragraph (c)
    18  of this subdivision at a basic annual salary rate equal to or in  excess
    19  of the job rate or maximum salary of their salary grade, shall receive a
    20  lump  sum  payment  in  the  amount  of  one  thousand two hundred fifty
    21  dollars.  Effective April first, two thousand nineteen,  such  lump  sum
    22  payment shall increase to one thousand five hundred dollars.
    23    [Where]  (2)  Effective until March thirty-first, two thousand twenty,
    24  where, and to the extent that, an agreement between  the  state  and  an
    25  employee  organization entered into pursuant to article fourteen of this
    26  chapter on behalf of officers and employees serving in positions in  the
    27  administrative  services  unit, institutional services unit, operational
    28  services unit or division of military and naval affairs unit so provides
    29  officers and employees to whom paragraph a of subdivision  one  of  this
    30  section  applies  who,  on  or  after April first, two thousand [eleven]
    31  sixteen, on their anniversary date have ten or more years of  continuous
    32  service as defined by paragraph (c) of this subdivision at a basic annu-
    33  al  salary  rate equal to or in excess of the job rate or maximum salary
    34  of their salary grade shall receive a lump sum payment in the amount  of
    35  two  thousand  five  hundred  dollars  which, effective April first, two
    36  thousand nineteen, such lump sum payment shall  be  increased  to  three
    37  thousand  dollars.    Effective April first, two thousand twenty, where,
    38  and to the extent that, an agreement between the state and  an  employee
    39  organization  entered  into pursuant to article fourteen of this chapter
    40  on behalf of officers and employees serving in positions in the adminis-
    41  trative services unit, institutional services unit, operational services
    42  unit or division of military and naval affairs unit so provides officers
    43  and employees to whom paragraph a of subdivision  one  of  this  section
    44  applies  who,  on  or  after  April first, two thousand twenty, on their
    45  anniversary date have ten or more years, but less than fifteen years, of
    46  continuous service as defined by paragraph (c) of this subdivision at  a
    47  basic  annual salary rate equal to or in excess of the job rate or maxi-
    48  mum salary of their salary grade shall receive a lump sum payment in the
    49  amount of three thousand dollars.
    50    (3) Effective April first, two thousand  twenty,  where,  and  to  the
    51  extent that, an agreement between the state and an employee organization
    52  entered  into  pursuant to article fourteen of this chapter on behalf of
    53  officers and  employees  serving  in  positions  in  the  administrative
    54  services unit, institutional services unit, operational services unit or
    55  division  of  military  and  naval affairs unit so provides officers and
    56  employees to whom paragraph a of subdivision one of this section applies

        S. 6818                             6
 
     1  who, on or after April first, two thousand twenty, on their  anniversary
     2  date  have  fifteen  or  more  years of continuous service as defined by
     3  paragraph (c) of this subdivision at a basic annual salary rate equal to
     4  or  in  excess  of  the job rate or maximum salary of their salary grade
     5  shall receive a lump sum payment in the amount  of  four  thousand  five
     6  hundred dollars.
     7    (4)  Such lump sum payment, as provided by this paragraph, shall be in
     8  addition to and not part of the employee's basic annual salary, provided
     9  however that any amount payable by this paragraph shall be  included  as
    10  compensation for overtime and retirement purposes.
    11    Such lump sum payment, as provided by this paragraph, shall be payable
    12  in  April of each fiscal year, or as soon as practicable thereafter, for
    13  those eligible employees who have achieved five or more, or ten or more,
    14  or fifteen or more years of continuous service as defined  by  paragraph
    15  (c)  of  this  subdivision  at a basic annual salary rate equal to or in
    16  excess of the job rate or maximum salary of their  salary  grade  during
    17  the  period  October  first  through  March thirty-first of the previous
    18  fiscal year. Such lump sum payment, as provided by this paragraph, shall
    19  be payable in October of each fiscal year, or  as  soon  as  practicable
    20  thereafter, for those eligible employees who have achieved five or more,
    21  or  ten  or  more,  or  fifteen  or  more years of continuous service as
    22  defined by paragraph (c) of this subdivision at a  basic  annual  salary
    23  rate  equal  to  or in excess of the job rate or maximum salary of their
    24  salary grade during the period April first through  September  thirtieth
    25  of that same fiscal year.
    26    §  4.  Subdivision  12-d  of  section  8  of the state finance law, as
    27  amended by section 5 of part A of chapter 491 of the laws  of  2011,  is
    28  amended to read as follows:
    29    12-d.  Notwithstanding  any  inconsistent  provision  of  the court of
    30  claims act, examine, audit and certify for payment any  claim  submitted
    31  and  approved  by the head of a state department or agency, other than a
    32  department or agency specified in subdivision twelve  of  this  section,
    33  for  personal property of an employee damaged or destroyed in the course
    34  of the performance of official duties without fault on his  part  by  an
    35  inmate, patient or client of such department or agency after March thir-
    36  ty-first,  two  thousand  [eleven] sixteen and prior to April first, two
    37  thousand [sixteen] twenty-one, provided no such claim may  be  certified
    38  for payment to an officer or employee who is in a collective negotiating
    39  unit until the director of employee relations shall deliver to the comp-
    40  troller  a letter that there is in effect with respect to such negotiat-
    41  ing unit a written collectively  negotiated  agreement  with  the  state
    42  pursuant  to  article  fourteen  of the civil service law which provides
    43  therefor. Payment of any such claim shall not exceed the  sum  of  three
    44  hundred  dollars.  No  person  submitting a claim under this subdivision
    45  shall have any claim for damages  to  such  personal  property  approved
    46  pursuant  to  the  provision of subdivision four of section five hundred
    47  thirty of the labor law or any other applicable provision of law.
    48    § 5. Subdivision 12-e of section  8  of  the  state  finance  law,  as
    49  amended  by  section  6 of part A of chapter 491 of the laws of 2011, is
    50  amended to read as follows:
    51    12-e. (a) Notwithstanding any inconsistent provision of the  court  of
    52  claims  act,  where,  and  to  the extent that, an agreement between the
    53  state and an employee organization  entered  into  pursuant  to  article
    54  fourteen  of  the  civil service law on behalf of officers and employees
    55  serving in positions in  the  [professional,  scientific  and  technical
    56  services  unit,]  administrative  services  unit, institutional services

        S. 6818                             7
 
     1  unit, operational services unit or [and] division of military and  naval
     2  affairs  unit  so  provides,  examine, audit and certify for payment any
     3  claim submitted and approved by the head of a state department or agency
     4  for  personal property of an officer or employee damaged or destroyed in
     5  the actual performance of official duties without fault or negligence of
     6  the officer or employee other than a  claim  specified  and  covered  by
     7  subdivision twelve or twelve-d of this section after March thirty-first,
     8  two  thousand  [eleven]  sixteen  and [before] prior to April first, two
     9  thousand [sixteen] twenty-one. Payment of such claim  shall  not  exceed
    10  the  sum  of three hundred fifty dollars. Where an agreement between the
    11  state and such employee organization entered into  pursuant  to  article
    12  fourteen  of  the  civil  service law provides for payment to be made to
    13  officers and employees by a state department or  agency,  such  payments
    14  for claims not in excess of the amount specified in subdivision three of
    15  section  one  hundred  fifteen  of this chapter may be made from a petty
    16  cash account established pursuant to section one hundred fifteen of this
    17  chapter and in the manner prescribed therein and pursuant to regulations
    18  of the comptroller. No person submitting a claim under this  subdivision
    19  shall  have  any  claim  for  damages to such personal property approved
    20  pursuant to the provisions of subdivision four of section  five  hundred
    21  thirty of the labor law or any other applicable provision of law.
    22    (b)  Notwithstanding any inconsistent provision of the court of claims
    23  act, where, and to the extent that, an agreement between the  state  and
    24  an  employee  organization  entered into pursuant to article fourteen of
    25  the civil service law on behalf of officers  and  employees  serving  in
    26  positions in the professional, scientific and technical services unit so
    27  provides, examine, audit and certify for payment any claim submitted and
    28  approved  by the head of a state department or agency for personal prop-
    29  erty of an officer or  employee  damaged  or  destroyed  in  the  actual
    30  performance  of official duties without fault or negligence of the offi-
    31  cer or employee other than a claim specified and covered by  subdivision
    32  twelve  or  twelve-d of this section after March thirty-first, two thou-
    33  sand sixteen and prior to April first, two thousand nineteen. Payment of
    34  such claim shall not exceed the sum  of  three  hundred  fifty  dollars.
    35  Where  an  agreement  between  the  state and such employee organization
    36  entered into pursuant to article  fourteen  of  the  civil  service  law
    37  provides  for  payment  to  be made to officers and employees by a state
    38  department or agency, such payments for claims  not  in  excess  of  the
    39  amount  specified in subdivision three of section one hundred fifteen of
    40  this chapter may be made from a petty cash account established  pursuant
    41  to  section  one  hundred  fifteen  of  this  chapter  and in the manner
    42  prescribed therein and pursuant to regulations of  the  comptroller.  No
    43  person  submitting  a  claim under this subdivision shall have any claim
    44  for  damages  to  such  personal  property  approved  pursuant  to   the
    45  provisions  of  subdivision  four  of section five hundred thirty of the
    46  labor law or any other applicable provision of law.
    47    § 6. Subdivision 1 of section 134 of the civil service law, as amended
    48  by chapter 382 of the laws of 1973, is amended to read as follows:
    49    1. For all state officers  and  employees,  other  than  officers  and
    50  employees  of the legislature and the judiciary and other than those who
    51  shall be excluded  pursuant  to  the  rules  and  regulations  hereafter
    52  mentioned,  the  workweek for basic annual salary shall not be more than
    53  forty-hours; and, notwithstanding any inconsistent  provisions  of  law,
    54  and  subject to the rules and regulations promulgated by the director of
    55  the budget, any such state officer and employee  who  is  authorized  or
    56  required  to work more than forty hours in any week in his regular posi-

        S. 6818                             8

     1  tion or title or in a position the title of which is  allocated  to  the
     2  same  salary  grade  as  his  regular  position,  shall receive overtime
     3  compensation for the hours worked in excess of forty in each week at one
     4  and  one-half  times the hourly rate of pay received by such employee in
     5  his regular position; provided, however, that an employee not subject to
     6  the overtime provisions of the federal  "Fair  Labor  Standards  Act  of
     7  1938"  as  amended  by  the  federal "Fair Labor Standards Amendments of
     8  1966", being public law six hundred one of the eighty-ninth congress, as
     9  approved September twenty-three, nineteen  hundred  sixty-six,  and  all
    10  acts amendatory thereof and supplementary thereto, may by written agree-
    11  ment with his proper authority exchange hours of work with other employ-
    12  ees  doing  similar  work  in  the same state institution or other state
    13  governmental unit without overtime compensation. Upon  the  approval  of
    14  the  director  of the budget a member of the state police may be consid-
    15  ered to have worked, for the purpose  of  determining  overtime  compen-
    16  sation  pursuant  to  the  provisions of this section, a minimum of four
    17  hours each time he is recalled to work  overtime  after  completing  his
    18  scheduled  work  period and leaving his scheduled work station or may be
    19  considered to have worked a minimum of two hours each time he is  sched-
    20  uled  to  return and returns to duty to work overtime for the purpose of
    21  making an appearance in court after completing his  regularly  scheduled
    22  work  period  and leaving his regularly scheduled work station. Upon the
    23  approval of the director of the budget an employee may be considered  to
    24  have worked, for the purpose of determining overtime compensation pursu-
    25  ant  to  the  provisions of this section, a minimum of one-half day each
    26  time he is recalled to work overtime after completing his scheduled work
    27  period and leaving his scheduled work station; provided, however,  that,
    28  subject to the terms of an agreement negotiated between the state and an
    29  employee  organization pursuant to article fourteen of the civil service
    30  law, an employee recalled to work may be considered to have worked  less
    31  than  a  minimum  of  one-half day and an employee recalled to work more
    32  than once during a period of one-half day commencing with the  onset  of
    33  the  initial  recall  will  not be entitled to more than one-half day of
    34  overtime credit unless more than one-half day is actually  worked.  When
    35  an employee shall work overtime in a position which has a title which is
    36  allocated  to  a  lower  salary grade than the salary grade to which the
    37  title of his regular position is allocated, he  shall  receive  overtime
    38  compensation  at  one  and  one-half times the hourly rate of pay of the
    39  maximum salary of the grade of the position in which he shall work over-
    40  time, or such maximum salary plus the  additional  increment  or  incre-
    41  ments,  if  he  would be entitled to such additional increment or incre-
    42  ments were he then appointed to such position; provided,  however,  that
    43  when  such hourly rate exceeds the hourly rate of pay received by him in
    44  his regular position, he shall receive one and one-half times the hourly
    45  rate of his regular position.   When an employee  works  overtime  in  a
    46  position  allocated  to  a  salary grade higher than the salary grade to
    47  which his regular position  is  allocated,  he  shall  receive  overtime
    48  compensation  at  one  and  one-half times the hourly rate of pay of the
    49  rate of compensation to which he would be entitled if he were permanent-
    50  ly promoted to the position in which such overtime  work  is  performed.
    51  Notwithstanding  any  other provision of law, where an agreement between
    52  the state and an employee organization entered into pursuant to  article
    53  fourteen  of this chapter on behalf of officers and employees serving in
    54  positions in the institutional services unit so provides  such  officers
    55  and employees shall receive overtime compensation at a rate of two times
    56  the hourly rate of pay received by such employee in his regular position

        S. 6818                             9
 
     1  for  such hours of work that qualify for such payment under the terms of
     2  such agreement.
     3    §  7. Compensation for certain state officers and employees in collec-
     4  tive negotiating units. 1. The provisions of this section  shall  apply,
     5  except  as  otherwise  stated in this section, to all full-time officers
     6  and employees in the collective  negotiating  units  designated  as  the
     7  administrative services unit, the institutional services unit, the oper-
     8  ational  services  unit,  or  the division of military and naval affairs
     9  unit established pursuant to article 14 of the civil service law.
    10    2. Effective April 7, 2016 for officers and employees on the  adminis-
    11  trative  payroll and effective March 31, 2016 for officers and employees
    12  on the institutional payroll, the basic annual salary  of  officers  and
    13  employees  in  full-time  annual  salaried  employment status on the day
    14  before such payroll period shall be increased by two percent adjusted to
    15  the nearest whole dollar amount.
    16    3. Effective April 6, 2017 for officers and employees on the  adminis-
    17  trative  payroll and effective March 30, 2017 for officers and employees
    18  on the institutional payroll, the basic annual salary  of  officers  and
    19  employees  in  full-time  annual  salaried  employment status on the day
    20  before such payroll period shall be increased by two percent adjusted to
    21  the nearest whole dollar amount.
    22    4. Effective April 5, 2018 for officers and employees on the  adminis-
    23  trative  payroll and effective March 29, 2018 for officers and employees
    24  on the institutional payroll, the basic annual salary  of  officers  and
    25  employees  in  full-time  annual  salaried  employment status on the day
    26  before such payroll period shall be increased by two percent adjusted to
    27  the nearest whole dollar amount.
    28    5. Effective April 4, 2019 for officers and employees on the  adminis-
    29  trative  payroll and effective March 28, 2019 for officers and employees
    30  on the institutional payroll, the basic annual salary  of  officers  and
    31  employees  in  full-time  annual  salaried  employment status on the day
    32  before such payroll period shall be increased by two percent adjusted to
    33  the nearest whole dollar amount.
    34    6. Effective April 2, 2020 for officers and employees on the  adminis-
    35  trative  payroll and effective March 26, 2020 for officers and employees
    36  on the institutional payroll, the basic annual salary  of  officers  and
    37  employees  in  full-time  annual  salaried  employment status on the day
    38  before such payroll period shall be increased by two percent adjusted to
    39  the nearest whole dollar amount.
    40    7. Notwithstanding the provisions of subdivisions  two,  three,  four,
    41  five  and  six of this section, if the basic annual salary of an officer
    42  or employee to whom the provisions of this section  apply  is  identical
    43  with  the hiring rate, step one, two, three, four, five, six or job rate
    44  of the salary grade of his or her position on the effective dates of the
    45  increases provided in these subdivisions, such basic annual salary shall
    46  be increased to the hiring rate, step one, two, three, four,  five,  six
    47  or  job  rate,  respectively,  of  such salary grade as contained in the
    48  appropriate salary schedules in subparagraphs 1, 2, 3, 4 and 5 of  para-
    49  graph  a  of  subdivision  1 of section 130 of the civil service law, as
    50  added by section one of this act, to take effect on the  dates  provided
    51  in  subparagraphs 1, 2, 3, 4 and 5, respectively. The increases in basic
    52  annual salary provided by this subdivision  shall  be  in  lieu  of  any
    53  increase in basic annual salary provided for in subdivisions two, three,
    54  four, five and six of this section.
    55    8. Payments pursuant to the provisions of subdivision 6 of section 131
    56  of  the  civil  service  law  for full-time annual salaried officers and

        S. 6818                            10
 
     1  employees entitled to such payments  to  whom  the  provisions  of  this
     2  section apply shall be payable in accordance with the terms of an agree-
     3  ment reached pursuant to article 14 of the civil service law between the
     4  state and an employee organization representing employees subject to the
     5  provisions of this section.
     6    9.  If  an  unencumbered position is one which if encumbered, would be
     7  subject to the provisions of this section, the salary of  such  position
     8  shall  be  increased  by  the  salary increase amounts specified in this
     9  section. If a position is created, and filled by the appointment  of  an
    10  officer  or  employee  who is subject to the provisions of this section,
    11  the salary otherwise provided for such position shall  be  increased  in
    12  the  same manner as though such position had been in existence but unen-
    13  cumbered.
    14    10. The increases in salary provided in subdivisions two, three, four,
    15  five, and six of this section, shall apply on a prorated basis to  offi-
    16  cers and employees, otherwise eligible to receive an increase in salary,
    17  who  are  paid  on  an  hourly or per diem basis, employees serving on a
    18  part-time or seasonal basis and employees paid on any basis  other  than
    19  at  an annual salary rate. Notwithstanding the foregoing, the provisions
    20  of subdivision eight of this section shall not apply to employees  serv-
    21  ing  on  an hourly, per diem, or seasonal basis, except as determined by
    22  the director of the budget.
    23    11. In order to provide for the officers and employees  to  whom  this
    24  section  applies who are not allocated to salary grades, but are paid on
    25  an annual basis, increases and payments pursuant to subdivision eight of
    26  this section in proportion to those provided to  persons  to  whom  this
    27  section  applies who are allocated to salary grades, the director of the
    28  budget is authorized to add appropriate adjustments and/or  payments  to
    29  the  compensation  which such officers and employees are otherwise enti-
    30  tled to receive. The director of the  budget  shall  issue  certificates
    31  which  shall  contain  schedules  of  positions  and the salaries and/or
    32  payments thereof for which adjustments and/or payments are made pursuant
    33  to the provisions of this subdivision, and a copy of each  such  certif-
    34  icate shall be filed with the state comptroller, the state department of
    35  civil  service,  the  chairman  of  the senate finance committee and the
    36  chairman of the assembly ways and means committee.
    37    12.  Notwithstanding  any  other  provision  of  this   section,   the
    38  provisions of this section shall not apply to officers or employees paid
    39  on a fee schedule basis.
    40    13.  Notwithstanding any other provision of this section, any increase
    41  in compensation for any officer or employee appointed to a lower  graded
    42  position  from  a redeployment list pursuant to subdivision 1 of section
    43  79 of the civil service law who continues to receive his or  her  former
    44  salary  pursuant to such subdivision shall be determined on the basis of
    45  such lower graded position provided,  however,  that  the  increases  in
    46  salary  provided  in  this  section  shall  not  cause such officer's or
    47  employee's salary to exceed the job rate of such lower graded position.
    48    14. Notwithstanding any of the foregoing provisions of this section or
    49  of any law to the contrary, the director of the budget  may  reduce  the
    50  salary  of any position which is vacant or which becomes vacant, so long
    51  as the position, if encumbered, would be subject to  the  provisions  of
    52  this  section.  The  director  of  the budget does not need to provide a
    53  reason for such reduction.
    54    15. Notwithstanding any of the foregoing provisions of this section or
    55  of any law to the contrary, any increase in compensation may be withheld
    56  in whole or in part from any employee to whom  the  provisions  of  this

        S. 6818                            11
 
     1  section are applicable when, in the opinion of the director of the budg-
     2  et  and  the  director  of  employee  relations,  such  increase  is not
     3  warranted or is not appropriate for any reason.
     4    §  8.  Compensation  for certain employees of the contract colleges at
     5  Cornell and Alfred universities. 1. During the period April 1,  2016  to
     6  March 31, 2021, the basic annual salaries of positions in the nonprofes-
     7  sional  service, except those positions in the Cornell service and main-
     8  tenance unit which are subject to the terms of a  collective  bargaining
     9  agreement  between  Cornell  University  and  the  employee organization
    10  representing employees in such positions and except those  positions  in
    11  the  Alfred  service and maintenance unit which are subject to the terms
    12  of a collective bargaining agreement between Alfred University  and  the
    13  employee  organization  representing  employees  in  such  positions, in
    14  institutions under the management and  control  of  Cornell  and  Alfred
    15  universities  as  representatives  of the board of trustees of the state
    16  university may be increased pursuant to  plans  approved  by  the  state
    17  university  trustees.  Such plans may include new salary schedules which
    18  shall supersede the salary schedules then in effect applicable  to  such
    19  employees.  Such  increases  in  basic annual salary rates, exclusive of
    20  performance advancement payments or merit  recognition  payments,  shall
    21  not  exceed  in the aggregate the payments provided in subdivisions two,
    22  three, four, five, and six of section seven of this act, for  incumbents
    23  of positions subject to this subdivision. Such plans may provide, within
    24  the  appropriations  available  therefor,  an amount for distribution in
    25  whole or in part for meritorious service by Cornell and Alfred universi-
    26  ties, in their discretion, with the approval  of  the  state  university
    27  trustees to the incumbents of such positions.
    28    2.  For  the  purposes  of  this  section,  the basic annual salary of
    29  employees is that salary which is obtained through direct  appropriation
    30  of state moneys for the purpose of paying wages. Nothing in this section
    31  shall  prevent payment of additional amounts to incumbents of such posi-
    32  tions in the nonprofessional service in addition  to  the  basic  annual
    33  salary; provided, however, that the amounts required for such additional
    34  payment,  and  the cost of fringe benefits attributable to such payment,
    35  as determined by the comptroller, are made available  to  the  state  in
    36  accordance  with  the procedures established by the state university for
    37  such purposes.
    38    3. Notwithstanding the  foregoing  provisions  of  this  section,  any
    39  increase  in  compensation  provided  by this section may be withheld in
    40  whole or in part from any officer or employee when, in  the  opinion  of
    41  the director of the budget, such withholding is necessary to reflect the
    42  job  performance of such officer or employee, or to maintain appropriate
    43  salary relationships among officers or employees of  the  state,  or  to
    44  reduce state expenditures to acceptable levels, or when such increase is
    45  not  warranted  or  is  not appropriate for any reason and the salary of
    46  such officer or employee is set at  the  discretion  of  the  appointing
    47  authority.
    48    4.  Notwithstanding  the foregoing provisions of this subdivision, act
    49  or any other provision of law, rule or regulation to the  contrary,  the
    50  contract  colleges  at Cornell and Alfred universities are authorized to
    51  provide for a procedure for the  repayment  of  salaries  withheld  from
    52  incumbents  of  positions  subject  to  this subdivision as described in
    53  subdivision one of this section, pursuant to subdivision 2-a of  section
    54  200  of the state finance law in lieu of the lump sum payment authorized
    55  by subparagraph 3 of paragraph (a) of such subdivision, subject  to  the
    56  approval  of  the state university trustees. Further, Cornell and Alfred

        S. 6818                            12
 
     1  universities are authorized to provide  that  the  salary  of  employees
     2  newly  hired  on  or after September 1, 1992 shall not be subject to the
     3  provisions of subdivision 2-a of section 200 of the state finance law.
     4    § 9. Location compensation for certain state officers and employees in
     5  collective   negotiating   units.   Notwithstanding   any   inconsistent
     6  provisions of law, full-time annual salaried officers and employees,  as
     7  well  as  non-annual  salaried seasonal officers and employees who shall
     8  receive the compensation provided for pursuant  to  this  section  on  a
     9  prorated  basis,  except  non-annual salaried officers and employees who
    10  are not seasonal, in the collective negotiating units designated as  the
    11  administrative services unit, the institutional services unit, the oper-
    12  ational  services  unit,  or  the division of military and naval affairs
    13  unit established pursuant to article 14 of the civil service law,  whose
    14  principal place of employment or, in the case of a field employee, whose
    15  official station as determined in accordance with the regulations of the
    16  comptroller  is located: (1) in the county of Monroe and who were eligi-
    17  ble to receive location pay on March 31, 1985,  shall  receive  location
    18  pay  at the rate of $200 per year provided they continue to be otherwise
    19  eligible; (2) in the city of New York, or in  the  county  of  Rockland,
    20  Westchester,  Nassau or Suffolk shall, effective April 1, 2016, continue
    21  to receive a downstate adjustment at the annual rate of $3,026;  or  (3)
    22  in  the  county  of Dutchess, Putnam or Orange shall, effective April 1,
    23  2016, continue to receive a mid-Hudson adjustment at the annual rate  of
    24  $1,513.  Such location payments shall be in addition to and shall not be
    25  a  part of an officer's or employee's basic annual salary, and shall not
    26  affect or impair any performance advancements or other rights  or  bene-
    27  fits  to  which an officer or employee may be entitled by law, provided,
    28  however, that location payments shall be included  as  compensation  for
    29  purposes  of  computation  of  overtime pay and for retirement purposes.
    30  For the sole purpose of  continuing  eligibility  for  location  pay  in
    31  Monroe  county,  an  officer  or employee previously eligible to receive
    32  location pay on March 31, 1985 who is on an approved leave of absence or
    33  participates in an employer  program  to  reduce  to  part-time  service
    34  during summer months shall continue to be eligible for said location pay
    35  upon return to full-time state service in Monroe county.
    36    §  10.  Continuation of location compensation for certain officers and
    37  employees of  the  Hudson  Valley  developmental  disabilities  services
    38  office.  1. Notwithstanding any law, rule or regulation to the contrary,
    39  any officer or employee of the Hudson Valley developmental  disabilities
    40  services  office  represented in the collective negotiating units desig-
    41  nated as the administrative services unit,  the  institutional  services
    42  unit  or  the  operational  services unit, who is receiving location pay
    43  pursuant to section 5 of chapter 174 of the laws of 1993 shall  continue
    44  to receive such location pay under the conditions and at the rates spec-
    45  ified by such section.
    46    2.  Notwithstanding  any  law, rule or regulation to the contrary, any
    47  officer or employee of  the  Hudson  Valley  developmental  disabilities
    48  services  office  represented in the collective negotiating units desig-
    49  nated as the administrative services unit,  the  institutional  services
    50  negotiating  unit  or  the operational services negotiating unit, who is
    51  receiving location pay pursuant to subdivision 2 of section 9 of chapter
    52  315 of the laws of 1995 shall continue  to  receive  such  location  pay
    53  under the conditions and at the rates specified by such subdivision.
    54    3.  Notwithstanding section nine of this act or any other law, rule or
    55  regulation to the contrary, any officer or employee of the Hudson Valley
    56  developmental disabilities services office represented in the collective

        S. 6818                            13
 
     1  negotiating units designated as the administrative  services  unit,  the
     2  institutional  services  unit  or  the operational services unit, who is
     3  receiving location pay pursuant to such section nine shall  continue  to
     4  be  eligible for such location pay if such officer's or employee's prin-
     5  cipal place of employment is changed to a location outside of the county
     6  of Rockland as the result of  a  reduction  or  redeployment  of  staff,
     7  provided,  however,  that  such  officer or employee is reassigned to or
     8  otherwise appointed or promoted to a different position at another  work
     9  location  within  the  Hudson Valley developmental disabilities services
    10  office located outside of the county  of  Rockland.  The  rate  of  such
    11  continued  location  pay  shall  not  exceed  the  rates such officer or
    12  employee is receiving on the date of such reassignment,  appointment  or
    13  promotion.
    14    §  11.  Notwithstanding  any  law, rule or regulation to the contrary,
    15  certain full-time employees of the office for people with  developmental
    16  disabilities in the collective negotiating unit designated as the insti-
    17  tutional services unit who are required to sleep over at their work site
    18  shall  continue  to  receive inconvenience pay pursuant to section 17 of
    19  chapter 333 of the laws of 1969  as  amended,  in  accordance  with  and
    20  subject  to  the  conditions  established  by  the terms of a negotiated
    21  agreement between the state and an  employee  organization  representing
    22  such unit and the resolution of a contract grievance bearing identifica-
    23  tion number 98-04-448.
    24    §  12. Additional compensation for certain employees in recognition of
    25  pre-shift briefing. 1. In recognition of  the  general  requirement  for
    26  full-time  employees  of  the  state  in the collective negotiating unit
    27  designated as the division of military and naval  affairs  unit,  estab-
    28  lished  pursuant to article 14 of the civil service law, to assemble for
    29  briefing prior to the commencement of duties, each such  employee  shall
    30  continue  to  receive  additional  compensation  at  the rate of $60 per
    31  biweekly payroll period in accordance with the terms of  a  collectively
    32  negotiated  agreement  between  the  state  and an employee organization
    33  representing such employees pursuant to article 14 of the civil  service
    34  law. Such additional compensation shall be paid in addition to and shall
    35  not  be  a  part of the employee's basic annual salary.  Notwithstanding
    36  the foregoing provisions of this section, or  of  any  other  law,  such
    37  additional compensation as added by this section shall be in lieu of the
    38  continuation  of  any  other  additional compensation for such employees
    39  paid prior to June 2, 1988, in recognition of pre-shift briefing.
    40    2. Notwithstanding any inconsistent provisions of law, effective April
    41  1, 2016, where and to the extent that, an agreement  between  the  state
    42  and  an employee organization entered into pursuant to article 14 of the
    43  civil service law so provides, in recognition of the general requirement
    44  that certain full-time employees of the state in the collective  negoti-
    45  ating  unit  designated  as the institutional services unit, established
    46  pursuant to article 14 of the civil service law, in the  employ  of  the
    47  office  of  children and family services, to assemble for briefing prior
    48  to the commencement of duties, each  such  employee  shall  continue  to
    49  receive  additional  compensation in the amount of $4.80, or one-quarter
    50  hour of their overtime rate, whichever is higher, when they are required
    51  to and actually assemble for such briefing.    Such  additional  compen-
    52  sation  shall  be  paid  in  addition  to and shall not be a part of the
    53  employee's basic annual salary.
    54    §  13.  Assignment  to  duty  pay.  Notwithstanding  any  inconsistent
    55  provisions  of  law,  effective  April  1, 2016, where and to the extent
    56  that, an agreement  between  the  state  and  an  employee  organization

        S. 6818                            14
 
     1  entered  into  pursuant  to  article  14  of  the  civil  service law so
     2  provides, an assignment to duty lump sum shall be paid each year  to  an
     3  employee  who  is  serving  in  a particular assignment deemed qualified
     4  pursuant  to  such agreement. Such payment shall be in an amount negoti-
     5  ated for those employees assigned to qualifying work assignments and who
     6  work such assignments for the minimum periods of time in a year provided
     7  in the negotiated agreement.  Assignment to duty pay shall not  be  paid
     8  in any year an employee does not meet the minimum period of time in such
     9  qualifying assignment required by the agreement or upon cessation of the
    10  assignment  to  duty  program  on  March 30, 2021 unless an extension is
    11  negotiated by the parties. Such lump sum shall be considered salary only
    12  for final average salary retirement purposes.
    13    § 14. Long term seasonal employees. Notwithstanding  any  inconsistent
    14  provisions  of  law,  effective  April  1, 2016, where and to the extent
    15  that, an agreement  between  the  state  and  an  employee  organization
    16  entered  into  pursuant  to  article  14  of  the  civil  service law so
    17  provides, a lump sum shall be paid each year to an employee who is serv-
    18  ing in a qualifying long term seasonal position. Such payment  shall  be
    19  in  an  amount negotiated and pursuant to negotiated qualifying criteria
    20  and shall be considered salary only for final average salary  retirement
    21  purposes. Such benefit shall be available until March 30, 2021.
    22    §  15.  In recognition of the specific requirements for winter mainte-
    23  nance activity for full-time employees of the state department of trans-
    24  portation in the collective negotiating unit designated  as  the  opera-
    25  tional  services  unit,  established pursuant to article 14 of the civil
    26  service law, and to the extent  the  terms  of  a  negotiated  agreement
    27  between  the  state  and an employee organization representing such unit
    28  entered into pursuant  to  article  14  of  the  civil  service  law  so
    29  provides,  such  employees shall receive payments for winter maintenance
    30  shifts and call-out responses if otherwise eligible  and  in  accordance
    31  with such negotiated agreement.
    32    §  16.  Subdivision 2 of section 17 of chapter 333 of the laws of 1969
    33  amending the civil  service  law  and  other  laws  relating  to  salary
    34  increases  for  certain  state  officers  and  employees,  as amended by
    35  section 18 of part A of chapter 491 of the laws of 2011, is  amended  to
    36  read as follows:
    37    2. Any employee subject to this section who is required to work a tour
    38  of  duty which includes four or more hours between the hours of six p.m.
    39  and six a.m., exclusive of any hours for which he or she receives  over-
    40  time  compensation, shall be entitled to inconvenience pay for such tour
    41  of duty in an amount equal to the daily rate equivalent of four  hundred
    42  dollars  per  year,  unless  a higher daily rate is authorized under the
    43  terms of a collective negotiated agreement  between  the  state  and  an
    44  employee  organization  pursuant to article 14 of the civil service law,
    45  or is authorized by the director of the budget  for  employees  excluded
    46  from  negotiating  rights  under article 14 of the civil service law, in
    47  which case such daily rate  may  be  up  to  five  hundred  seventy-five
    48  dollars  per  year,  shall continue effective April 2, [2011] 2016.  The
    49  provisions of this subdivision shall apply on a prorated basis to  offi-
    50  cers and employees serving on a seasonal basis in the collective negoti-
    51  ating units designated as the administrative services unit, the institu-
    52  tional services unit, the operational services unit, and the division of
    53  military  and  naval  affairs  unit, and officers and employees excluded
    54  from collective negotiating units established pursuant to article 14  of
    55  the civil service law.

        S. 6818                            15
 
     1    §  17. Notwithstanding any inconsistent provision of law, where and to
     2  the extent that any agreement between the state and an  employee  organ-
     3  ization  entered into pursuant to article 14 of the civil service law so
     4  provides on behalf of employees  in  the  collective  negotiating  units
     5  designated  as  the  administrative, institutional, operational services
     6  negotiating units or the division of military and naval affairs  negoti-
     7  ating  unit established pursuant to article 14 of the civil service law,
     8  the state shall contribute an amount designated in  such  agreement  and
     9  for the period covered by such agreement to the accounts of such employ-
    10  ees  enrolled for dependent care deductions pursuant to subdivision 7 of
    11  section 201-a of the state finance law. Such amounts shall be from funds
    12  appropriated in this act and shall not be part of  basic  annual  salary
    13  for overtime or retirement purposes.
    14    § 18. Notwithstanding any provision of law to the contrary, the appro-
    15  priations  contained in this act shall be available to the state for the
    16  payment and publication of grievance  and  arbitration  settlements  and
    17  awards  pursuant  to  articles  33  and 34 of the collective negotiating
    18  agreement between the state and the employee  organization  representing
    19  the  collective  negotiating  units  designated  as  the  administrative
    20  services unit, the institutional services unit, the operational services
    21  unit or the division of military  and  naval  affairs  unit  established
    22  pursuant to article 14 of the civil service law.
    23    §  19.  During  the  period April 2, 2016 through April 1, 2021, there
    24  shall be a statewide labor-management committee continued  and  adminis-
    25  tered  pursuant  to  the  terms  of the agreement negotiated between the
    26  state and an employee organization representing employees in the collec-
    27  tive negotiating units designated as the administrative  services  unit,
    28  the  institutional  services  unit, the operational services unit or the
    29  division of military and naval  affairs  unit  established  pursuant  to
    30  article  14  of  the civil service law which shall, after April 2, 2016,
    31  have the responsibility of studying and making recommendations  concern-
    32  ing  the  major  issues  of  productivity,  the quality of work life and
    33  implementing the agreements reached.
    34    § 20. The salary  increases,  benefit  modifications,  and  any  other
    35  modifications to terms and conditions of employment provided for by this
    36  act  for  state employees in the collective negotiating units designated
    37  as the administrative services unit, the  institutional  services  unit,
    38  the  operational  services  unit  or  the division of military and naval
    39  affairs unit established pursuant to article 14 of the civil service law
    40  shall not be implemented until the director of employee relations  shall
    41  have  delivered  to  the  director  of  the budget and the comptroller a
    42  letter certifying that there is in effect with respect to such negotiat-
    43  ing units collectively negotiated agreements, ratified  by  the  member-
    44  ship, which provide for such increases and modifications.
    45    §  21. Notwithstanding the provisions of any other section of this act
    46  or any other provision of law to the contrary, pending payment  pursuant
    47  to  this  act  of  the  basic annual salaries of incumbents of positions
    48  subject to this act, such incumbents shall receive, as  partial  compen-
    49  sation  for services rendered, the rate of salary and other compensation
    50  otherwise payable in their respective positions. An incumbent holding  a
    51  position subject to this act at any time during the period from April 1,
    52  2016,  until  the time when basic annual salaries and other compensation
    53  due are first paid pursuant to this act for such services in  excess  of
    54  the  salary  and other compensation actually received therefor, shall be
    55  entitled to a lump sum payment for the difference between the salary and
    56  other compensation to which such incumbent is entitled for such services

        S. 6818                            16
 
     1  and the salary and other compensation actually received pursuant to  the
     2  terms  of  an  agreement between the state and the employee organization
     3  representing the employees covered by this act.
     4    § 22. The comptroller is authorized to pay any amounts required during
     5  the  fiscal year commencing April 1, 2017 by the foregoing provisions of
     6  this act for any state department or agency from  any  appropriation  or
     7  other  funds  available  to such state department or agency for personal
     8  service or for other related employee benefits during such fiscal  year.
     9  To  the  extent that such appropriations in any fund are insufficient to
    10  accomplish the purposes herein set forth, the director of the budget  is
    11  authorized to allocate to the various departments and agencies, from any
    12  appropriations  available in any fund, the amounts necessary to pay such
    13  amounts.
    14    § 23. No officer  or  employee  participating  in  a  special  annuity
    15  program  pursuant  to the provisions of article 8-C of the education law
    16  shall, by reason of an increase in compensation pursuant  to  this  act,
    17  suffer  any  reduction of the salary adjustment to which he or she would
    18  otherwise be entitled by reason of participation in  such  program,  and
    19  such salary adjustment shall be based upon the salary of such officer or
    20  employee without regard to the reduction authorized by such article.
    21    §  24.  Notwithstanding  any provision of the state finance law or any
    22  other provision of law to the contrary, the sum of two hundred  seventy-
    23  five million dollars ($275,000,000) is hereby appropriated in the gener-
    24  al  fund/state  purposes  account  (10050)  in  miscellaneous-all  state
    25  departments and agencies solely for apportionment/transfer by the direc-
    26  tor of the budget for use by any state department or agency in any  fund
    27  for  the  fiscal  year beginning April 1, 2017 through March 31, 2018 to
    28  supplement appropriations for  personal  service,  other  than  personal
    29  service  and  fringe  benefits,  and to carry out the provisions of this
    30  act. No money shall be available for expenditure from this appropriation
    31  until a certificate of approval has been issued by the director  of  the
    32  budget  and a copy of such certificate or any amendment thereto has been
    33  filed with the state comptroller, the chairman  of  the  senate  finance
    34  committee and the chairman of the assembly ways and means committee. The
    35  monies  hereby appropriated are available for payment of any liabilities
    36  or obligations incurred  prior  to  or  during  the  state  fiscal  year
    37  commencing April 1, 2016 through March 31, 2018. For this purpose, these
    38  appropriations  shall remain in full force and effect for the payment of
    39  liabilities incurred on or before March 31, 2018.
    40    § 25. The several amounts as hereinafter set forth, or so much thereof
    41  as may be necessary, are hereby appropriated from the fund so designated
    42  for use by any state department or agency for the fiscal year  beginning
    43  April  1,  2017 through March 31, 2018 to supplement appropriations from
    44  each respective fund available for personal service, other than personal
    45  service and fringe benefits, and to carry out  the  provisions  of  this
    46  act.  The  monies  hereby  appropriated are available for payment of any
    47  liabilities or obligations incurred prior to or during the state  fiscal
    48  year  commencing April 1, 2016 through March 31, 2018. No money shall be
    49  available for expenditure from this appropriation until a certificate of
    50  approval has been issued by the director of the budget  and  a  copy  of
    51  such  certificate or any amendment thereto has been filed with the state
    52  comptroller, the chair of the senate finance committee and the chair  of
    53  the assembly ways and means committee.

        S. 6818                            17
 
     1                     ALL STATE DEPARTMENTS AND AGENCIES
     2                              SPECIAL PAY BILLS
 
     3  General Fund / State Operations
     4  State Purposes Account - 003
 
     5  Non-personal Service
 
     6  Joint committee on health benefits ............. 1,815,000
     7  Employee training and development ............. 14,607,000
     8  Safety and health maintenance committee .......... 869,000
     9  Employment security committee .................... 716,000
    10  Work-Life Services ............................. 3,520,000
    11  Discipline ....................................... 170,000
    12  Statewide performance rating committee ............ 56,000
    13  Employee Assistance Program ...................... 884,000
    14  Property damage ................................... 44,000
    15  Work  related clothing (operational services
    16    unit) ........................................ 1,460,000
    17  Tool allowance (operational services unit) ....... 101,000
    18  Tool insurance (operational services unit) ........ 36,000
    19  Uniform  allowance  (institutional  services
    20    unit) .......................................... 563,000
    21  Work    related    clothing   (institutional
    22    services unit) ................................. 105,000
    23  Contract Administration .......................... 400,000

    24    § 26. This act shall take effect immediately following  the  ratifica-
    25  tion  of  the  collective  bargaining agreement entered into pursuant to
    26  article 14 of the civil service law between the executive branch of  the
    27  state  of New York and the employee organization representing members of
    28  the  collective  negotiating  units  designated  as  the  administrative
    29  services unit, the institutional services unit, the operational services
    30  unit and the division of military and naval affairs unit. Following such
    31  ratification  of  the collective bargaining agreement, this act shall be
    32  deemed to have been in full force and effect on and after April 2, 2016.
    33  Provided that the executive shall notify the legislative  bill  drafting
    34  commission  upon  the  occurrence  of  the  enactment of the legislation
    35  provided for in this act in order that the commission  may  maintain  an
    36  accurate and timely effective data base of the official text of the laws
    37  of  the  state of New York in furtherance of effectuating the provisions
    38  of section 44 of the legislative law and  section  70-b  of  the  public
    39  officers  law.    Appropriations  made  by this act shall remain in full
    40  force and effect for liabilities incurred through March 31, 2018.
 
    41  ------------------------------------------------------------------------
 
          REPEAL NOTE.--Subparagraphs 1, 2, and 3 of paragraph a of  subdivision
        1  of  section  130 of the civil service law, repealed by section one of
        this act, provided salary schedules for state employees in the  adminis-
        trative  services unit, the operational services unit, the institutional
        services unit and the division of military and  naval  affairs  and  are
        replaced by revised salary schedules in new subparagraphs 1, 2, 3, 4 and
        5.
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