Council 82 Legislative Update
End of Session Report
2007
Bills Acted On By the Legislature

Bills Signed by the Governor

State Contract Pay Bills
SSU: A4943/S2729, Chapter 4
Forest Rangers: A4942/S2728, Chapter 5
Command Pay Chapter Amendment: A6848/S3945, Chapter 18

New York State Budget Bills
Public Protection S2100/A4300, Chapter 50
Mental Health and Health S2104/A4304, Chapter 54
Environmental Conservation S2105/A4304, Chapter 55

Worker's Comp Reform
S3322/A61633870 Silver/Bruno Makes extensive changes in the workers compensation program.
Status: Chapter 6

Omnibus Extension of Binding Arbitration for Municipal Police Officers and Fire Fighters and Binding Arbitration for Corrections Lieutenants and Police Officers in the Security Supervisors Unit, Police Officers in the Agency Law Enforcement Unit and Deputy Sheriffs
S1597/A3872 Abbate/Robach
Amends the Civil Service Law to extends for an additional two years the effectiveness of provisions establishing dispute resolution during collective negotiations for Municipal Police Officers and Fire Fighters and Binding Arbitration for Corrections Lieutenants and Police Officers in the Security Supervisors Unit, Police Officers in the Agency Law Enforcement Unit and Deputy Sheriffs. The current law expires on June 30, 2007.
Status 2007: Chapter 11

Injunctive relief
S1596/A3871 Robach/Abbate Extends provisions incases of improper practice
Status: Chapter 12

Agency Shop Extender
S1632/A3870 Abbate/Robach Extends right of public employee organizations to agency shop fee salary deductions for 2 more years
Status: Chapter 13

Retirement Extension
S2084/A5782 Abbate/Robache
Amends the Retirement and Social Security Law to extend certain temporary benefits and supplementation programs
Status 2007: Chapter 27

Tier II Extender for Police Officers
S2083/A5738 Abbate/Robache
Extends the application of article 11 of the retirement and social security law to all police officers and firefighters who joined the system before July 1, 2007.
Status 2007: Chapter 63

Non-Private Operation of Correctional Facilities
A 4484/S4118Ortiz/Nozzolio
An act to amend the correction law, in relation to custody and supervision of persons in correctional facilities.
Status: Signed Chapter 202

Improper Practice (Weingarten)
S3071/A5984 Robach/Abbate
This bill would make it an improper employer practice for a public employer to interfere with a public employee's right to representation during questioning by his or her employer when it reasonably appears that the employee may be the subject of a potential disciplinary action. (2006: S4508/A8556) Status: Signed Chapter 244

SSU/Safety Officers and SHTA's-Governor's Program Bill
A9231/S6324 Abbate/Griffo
Relates to compensation, benefits and conditions of employment for certain state officers and employees who are members of the security supervisors unit
Status: Signed Chapter 375

Maximum Benefit for Tier 2 members
S1262/A5963 Trunzo/Abbate
This legislation increases the maximum service retirement benefit for Tier 2 police officers and firefighters. The maximum number of years which may be used in the calculation of a service retirement benefit will rise from 30 to 32 years. (2006: S6567/A9759)
Status: Signed Chapter 625

Bills Vetoed by the Governor

Public employee discipline a mandatory negotiable term and condition of employment.
S1301/A4592
This bill amends §201A of the Civil Service Law (CSL) to make public employee discipline a mandatory negotiable term and condition of employment. The Court of Appeals in a consolidated decision issued March 28, 2006 in New York City PBA v. PERB and Town of Orange town v. Orange town PBA held that demands pertaining to police discipline are prohibited subjects of negotiation and that any provisions in collective bargaining agreements within those police departments covered by other state laws that delegate disciplinary power and authority to government officials pertaining to police discipline are void and unenforceable as a matter of public policy. (2006: A11088/S7503)
Status: Veto #1

Public Employees Whistle Blower
S1582/A3503 Larkin/Weisenberg
This bill expands the current whistle blower statute that protects public employees who are the subject of adverse public employer actions other than disciplinary actions that are covered under the law. (2006: A8630/S5376)
Status: Veto #5

Leave of Absence for public Employees
S1617/A6758
To permit civil service employees separated from service by reason of disability due to an injury on the job a leave of absence of up to eighteen months when the disability has resulted from an injury, and for two years when it is the result of an assault in the line of duty.
Status: Veto #20

Tier Equity 384-d for Police Officers
A5484/S3917 Hooper/Skelos
This legislation would serve to mitigate the huge disparity between maximum pension benefits attainable by Tier 1 and Tier II members, respectively, who are participants in Section 384-d. (2006: A10304/S7176)
Status: Veto #29

Additional Retirement Benefits for Deputy Sheriffs and County Correction Officers in Twenty-Five Year Plans
A7212/S4291 Abbate/Robach
Grants optional additional retirement allowance to sheriffs, undersheriffs, deputy sheriffs and correction officers in counties which elect to provide such a plan. Provides that counties may elect to offer an additional benefit of one-sixtieth of final average salary per year of service in excess of 25 years for its employees participating in a retirement plan providing benefits after 25 years of service. (2006: A5427/S4414)
Status: Veto #32

Independent Hearing Officer
A6649/S4357 Abbate/Maltese
Requires use of an independent hearing officer for a hearing whereby a public employee represented by an employee organization may be discharged. (2006: S7903)
Status: Veto #33

Binding Arbitration for Security Hospital Treatment Assistants
A803/S4785
Provides for binding arbitration for members of the security services collective bargaining unit who are security hospital treatment assistants (2006: A10884/S7757)
Status: Veto #36

Window Period Change
A8468/S5779 Robach/Abbate
Enacts provisions to cover a situation where a written agreement between a public employer and employee organization has expired without a new agreement being in place (2006: A11674/S8318) Status: Veto #68

Binding Arbitration for all members of the Security Services and Security Supervisors Unit
A930/S6100
An act to amend the civil service law, in relation to providing for binding arbitration in negotiations involving all members of the collective negotiating units designated as security services or security supervisors
Status: Veto #70

Military Buyback
A4649/S2138
This bill would increase the maximum benefit limit for eligible veterans so they can receive the full additional retirement benefit resulting from the purchase of their military service credit.
Such military service credit could have either been purchased under the provisions of section 1000 of the Retirement and Social Security Law or obtained under Section 243 of the Military Law. This would allow the plan benefit limits to increase for certain members covered by sections 75-i and 75-h of the Retirement and Social Security Law, all correction officers, and members covered by special plans that allow for retirement based only on years of service credit.
Status: Veto #92

Public employee discipline a mandatory negotiable term and condition of employment.
S5295/A8139 (new bill, non retroactive)
This bill amends §201A of the Civil Service Law (CSL) to make public employee discipline a mandatory negotiable term and condition of employment. The Court of Appeals in a consolidated decision issued March 28, 2006 in New York City PBA v. PERB and Town of Orange town v.Orangetown PBA held that demands pertaining to police discipline are prohibited subjects of negotiation and that any provisions in collective bargaining agreements within those police departments covered by other state laws that delegate disciplinary power and authority to government officials pertaining to police discipline are void and unenforceable as a matter of public policy. (2006: A11088/S7503)
Status: Veto #96

Diminishment of Retirees Health Insurance Benefits (all retirees)
A8829/S6030
This bill would prohibit the diminution of health insurance benefits for public retirees. (2006: A9722/S6397)
Status: Veto #119

Diminishment of Police Retirees Health Insurance Benefits
A8866/S6031
This bill would ensure that the health insurance coverage for retired firefighters, police officers, and their dependents is maintained.
Status: Veto #120

Heart Bill for Police and Fire Clarification
S3089/A5669 Morahan/Jaffee
This bill is intended to clarify the intent of the Legislature regarding existing statutory presumptions pertaining to heart-related disabilities or deaths suffered by members of the New York State Local Police and Fire Retirement system and the New York State and Local Employees Retirement System. This bill would amend the Retirement and Social Security Law in relation to heart disease related disabilities and deaths for members in the New York State and Local Employees' Retirement System (ERS) who currently have "heart provisions" and all members in the New York State and Local Police and Fire Retirement System (PFRS). Clarification is necessary because a series of narrow judicial interpretations has prevented the statutory presumptions form achieving their intended purposes. (2006:A10270/S6961)
Status: Veto #138

Veterans with disabilities
S3305/A6106
This legislation would allow any person who has received an appointment through civil service to be entitled to additional credit if said individual was classified as a veteran with disabilities after the first appointment or promotion. Current law only allows veterans credit to be used once and does not allow for the veteran to apply additional credits if they are classified as disabled at a later date. This legislation would benefit individuals who, through no fault of their own, were not classified as a veteran with disabilities at the time of their first appointment.
Status: Veto #146

Twenty Year Half Pay Retirement for County Correction Officers
A6751/S3927 Trunzo/Sweeney
This bill would allow county correction officers to become covered by the provisions of a special twenty (20) year retirement plan, which would provide a benefit of one-half of final average salary upon retirement if the employing county elects to provide such benefits. The county may elect an additional benefit of one sixtieth of final average salary for each year of service in excess of twenty (20) years, not to exceed fifteen (15) such years. (2006: S3571/A6552)
Status: Veto #148

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