Governor Spitzer released the 2008-2009 Executive Budget on January 22, 2008.

Highlights:

Correctional Facility Closures. Reflects the previously announced closure of underutilized prison facilities including the Hudson medium security facility, Camp Pharsalia, Camp Gabriels, and the Camp at Mt. McGregor, saving $10.4 million in 2008-09, and $33.5 million on a full annual basis. Nearly $30 million in major capital construction projects are avoided as well.

Please click on the following links for additional information:

Budget Initiatives: http://publications.budget.state.ny.us/eBudget0809/fy0809littlebook/BudgetInitiatives.html

Public Safety: http://publications.budget.state.ny.us/eBudget0809/fy0809littlebook/PublicSafety.html

State Workforce: http://publications.budget.state.ny.us/eBudget0809/0809_Workforce.html

Council 82 Legislative Update
March 2008

The Legislative Update is divided into the following subject areas:

NYS Budget
Binding Arbitration and Taylor Law
Retiree Health Insurance
Correctional Facilities
Retirement and Disability
· Members of the Police and Fire Retirement System
· Agency Law Enforcement Unit
· State Corrections and Security Hospital Treatment Assistants
· Deputy Sheriffs and County Correction Officers
· Law Enforcement Legislation
· General Retirement
Final Status of Legislation for 2007 Session

New York State Budget ^ top
Correctional Facility Closures. Reflects the previously announced closure of underutilized prison facilities including the Hudson medium security facility, Camp Pharsalia, Camp Gabriels, and the Camp at Mt. McGregor, saving $10.4 million in 2008-09, and $33.5 million on a full annual basis. Nearly $30 million in major capital construction projects are avoided as well.
A9800-A9810
S6800-S6810

Binding Arbitration and Taylor Law ^ top
Public employee discipline a mandatory negotiable term and condition of employment.
S6717/A9977 Golden/Abbate
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. 2007 Final Status: Veto #96
Status: Passed Senate and Assembly 3rd Reading

Binding Arbitration for County Correction Officers
A7214/Abbate
This legislation adds certain county correction officer and their employers to those who may use binding arbitration under the Public Employees Relation Board for final resolution of disputes in collective negotiations. It also broadens the scope of issues that can be resolved in binding arbitration.
Status: Referred to Assembly Governmental Employees

Binding Arbitration for County Correction Officers
A7216/Abbate
This legislation adds certain county correction officer and their employers to those who may use binding arbitration under the Public Employees Relation Board for final resolution of disputes in collective negotiations.
Status: Referred to Assembly Governmental Employees

Binding Arbitration for County Correction Officers and Deputy Sheriff/Correction Officers
S3273/A3206 Sweeney/Trunzo
An act to amend the civil service law, in relation to resolution of disputes in the course of collective negotiations for organized units of county correction officers and deputy sheriff-jailers (Old bill: A5981/S2461)
Status: Referred to Senate Civil Service and Pensions and Assembly Governmental Employees

Binding Arbitration for All Members of the Security Services and Security Supervisors Unit
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. 2007 Final Status Veto #70
Status: will be reintroduced

Permits non-compensatory issues to go to binding arbitration for certain members of the security services, security supervisors and ales units
S327/A805 Nozzolio/Destito
Repeals provision of the civil service law relating to binding arbitration for state correctional officers to repeal paragraph (f) of subdivision 4 of section 209 of the civil service law relating to binding arbitration for state correctional officers. This legislation would make non-compensatory issues for correction officers certain members of the security services and security supervisors units subject to binding arbitration. (2006: S509/A145)
Status: Senate Third Reading and Assembly 3rd Reading

Binding Arbitration for Security Hospital Treatment Assistants
A9719/S6836 Destito/Griffo
Provides for binding arbitration for members of the security services collective bargaining unit who are security hospital treatment assistants (2007: A803/S4785) 2007 Final Status: Veto # 36
Status: Senate Third Reading and Assembly Governmental Employees

Binding Arbitration for Safety Officers
A1804 Lupardo
Council 82, AFSCME represents chief safety officers in the Office of Mental Health and the Office of Mental Retardation and Developmental Disabilities. This legislation would extend binding arbitration to safety officers employed by these state offices.
Status: Assembly Third Reading

PERB Members Neutral capacity
S1594/A4706 Robach/Abbate
Provides that members selected to serve on PERB shall have served in a neutral capacity for not less than three years prior to appointment to the board. (2006: A9845/S4297)
Status: Senate Civil Service and Assembly Governmental Employees

Public Employees Whistle Blower
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. (2007: S1582/A3503) 2007 Final Status Veto #5
Status: will be reintroduced

Window Period Change
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) 2007 Final Status: Veto # 68
Status: will be reintroduced

Independent Hearing Officer
S6688Abbate/Maltese
Requires use of an independent hearing officer for a hearing whereby a public employee represented by an employee organization may be discharged. (2007: A8468/S5779) 2007 Final Status: Veto # 33
Status: Passed Senate and Assembly Governmental Employees

Injunctive Relief
A8758/Abbate Simplifies and broadens the grounds upon which injunctive relief can be granted. (2006: A5397)
Status: Referred to Assembly Governmental Employees

Leave of Absence for public Employees
S6778 Maziarz
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. S1617/A6758
2007 Final Status: Veto # 20
Status: Senate Third Reading

Veterans
Military Buyback
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. A4649/S2138
2007 Final Status: Veto # 92
Status: will be reintroduced

Veterans with disabilities
S6713/A9732 Morahan/Theile
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. S3305/A6106
2007 Final Status Veto # 146
Status: Referred to Senate and Assembly Judiciary Committee

Retiree Health Insurance ^ top
Diminishment of Retirees Health Insurance Benefits (all retirees)
S6648/A9895
This bill would prohibit the diminution of health insurance benefits for public retirees. (2006: A9722/S6397) 2007 Final Status: Veto# 119
Status: Senate Third Reading and Assembly Ways and Means

Diminishment of Police Retirees Health Insurance Benefits
S6649/A9894
This bill would ensure that the health insurance coverage for retired firefighters, police officers, and their dependents is maintained. 2007 Final Status: Veto # 120
Status: Senate Third Reading and Assembly Ways and Means

Retiree Health Insurance Task Force
A9393/S6457 Abbate/Farley
Establishes a task force on retiree health insurance protection
Status: Passed Senate and Assembly Governmental Employees

Correctional Facilities ^ top
Adequate Staffing at Correctional Facilities
A4334 Nozzolio/Aubry
This legislation amends Section 112 of the Correction Law to require the commissioner of the department of correctional services to establish a staffing plan for all uniformed and non-uniformed staff. This staffing plan shall establish the number of necessary security posts and shall require that each 7-day security post be staffed using a ratio of 1.75 correction officers and each 5-day security post be staffed using a ratio of 1.25 correction officers. (2006: S504/A4994)
Status: Referred to Assembly Corrections

Retirement and Disability ^ top

Members of the Police and Fire Retirement System
Retirement at Age 55
A6988 Abbate
Authorizes certain Tier II police officers and firefighters to retire at age 55 without diminution of retirement benefits; applies to those covered under the improved career retirement plan for employees of participating employers and who were previously covered under the optional 20 year retirement plan for certain firemen and policemen whose employer elects to provide same; requires additional annual employer contributions and an immediate past service cost. Gov. Employees Committee (2006: A469)
Status: Referred to Assembly Governmental Employees

Maximum Benefit for Tier 2 members
A6987 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 35 years. Status: Referred to Assembly Governmental Employees

Provides service retirement benefits for certain members of the New York state and local police and fire retirement.
A5861/S3775 Abbate/Robach
Provides that a tier 2 member of the New York state and local police and fire retirement system may retire on or after age 55 with thirty or more years of service with no reduction in his or her retirement (2006: S3918/A6518)
Status: Senate Third Reading and Assembly Governmental Employees Committee

Performance of Duty Applications
A6543 Abbate/Robach
Amends the retirement and social security law, in relation to the ability of members of the New York state and local police and fire retirement system to file for disability retirement. (2006: A10529/S7439)
Status: Referred to Assembly Governmental Employees Committee

Performance of Duty Applications
A6540 Abbate/Robach
Allows a member of the NYS&LPFRS to file an application for an accidental disability retirement after the member knew or should have known that such disability was incurred in the performance of duty. (2006:10531/7438)
Status: Referred to Assembly Governmental Employees Committee

Service retirement benefits for certain members of the New York state and local police and fire retirement.
A5967/S3771 Abbate/Robach
Provides that a tier 2 member of the New York state and local police and fire retirement system may retire on or after age 55 with thirty or more years of service with no reduction in his or her retirement (2006: A5430/S3043)
Status: Senate Third Reading and Assembly Governmental Employees Committee

Purchasing of retirement credit for police officers in 384-e
A5962/S3773 Abbate/Robach
This bill would allow members of the police and fire retirement system covered by Section 384-e of the Retirement and Social Security Law, to purchase service credit which is not currently creditable under the twenty year retirement plan. The cost to the employee is 3% of salary at the time of purchase for each year of service credit being purchased. This service credit will provide an additional benefit of one-sixtieth of final average salary for each year of service, but the total benefit cannot exceed three-quarters of final average salary. (2006: A6560/S3919)
Status: Senate Third Reading and Assembly Governmental Employees

Section 363-c, Three-quarter disability Performance of Duty Equity for Police Officers
S3769/A5859 Abbate/Robach
This bill seeks to unify the benefit paid to all police officers and fire fighters who are permanently incapacitated for the performance of duty as a result of a disability incurred in the discharge of their respective duties. Currently, the retirement and social security law discriminates against police officers and firefighters who are deemed to have become incapacitated as a result of the performance of their duties by paying such individuals a disability allowance equal to one half of their final average salary plus an annuity which is the actual or equivalent of the officer accumulated contributions. In contrast, police officers and firefighters who have been disabled not only as a result of a disability sustained in the performance of duty but are, further found to have sustained such a disability as a result of an accident, are granted a disability allowance equal to three-quarters of their final average salary. (2006: A6520/S3917)
Status: Referred to Assembly Governmental Employees Committee and Senate Civil Service and Pensions Committee

One Year Final Average Salary for Police Officers
S3774/A5964 Abbate/Robach
Amends the Retirement and Social Security Law to provide a one year final average salary benefit for all police officers and firefighters in the NYS&LP&FRS. (2006: A6513/S4411)
Status: Referred to Assembly Governmental Employees Committee and Senate Civil Service and Pensions Committee

Tier I Status for all Police Officers
A2184/S1061 Abbate/Maltese
This bill would change all New York State and New York City police officers and firefighters from the Tier II pension system to the Tier I pension system regardless of the date on which such members joined such retirement system.
(2006: A5777/ S2938)
Status: Referred to Senate Civil Service and Pensions Committee and Assembly Governmental Employees Committee

Heart Bill for Police and Fire Clarification
S6703/A10016 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) S3089/A7565 2007 Final Status: Veto # 138
Status: Passed Senate and Assembly Governmental Employees

Tier Equity 384-d
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. (2007: A5484/S3917) 2007 Final Status: Veto #29
Status: will be reintroduced

Agency Law Enforcement Unit
Statewide Higher Education Emergency Notification System
A7888/S4886 Morelle/Skelos
An act to amend the executive law, in relation to directing the division of criminal justice services to develop and provide for the operation of a uniform statewide higher education emergency notification system
Status: Senate Finance and Assembly Governmental Operations

Transfer of State University Police Officers into the Police and Fire Retirement System
A8150A/S6130 Robach / McEneny
Currently, SUNY Police officers are covered under the provisions of the New York State and Local Employees' Retirement System. In 1998, SUNY officers were statutorily recognized as police officers. SUNY police have similar training and perform similar functions as other police officers. This legislation recognizes the police status of SUNY officers and allows state university police officers to transfer to the NYS&L police and fire retirement system and be covered by the 25-year half pay retirement plan. Also allows SUNY police to be covered under section 58 of the civil service law. (2006: A3358B/S3065C, Vetoed)
Status: Passed Assembly and Senate Civil Service and Pensions

Provides Regional State Park Police and Environmental Conservation Officers with compensation leave in the event such officers sustain an on-duty injury.
A2044/S2995 Seminerio/Robach
To provide Regional State Park Police and sworn police officers of the Department of Environmental Conservation with compensation leave in the event such officers sustain an on-duty injury.
Status: Referred to Assembly Governmental Employees and Senate Tourism Committee

Heart Bill for Environmental Conservation Officers
A7215 Abbate
Provides certain disability benefits for disabilities related to heart disease to sworn police officers of the division of law enforcement in the department of environmental conservation. Provides that any condition or impairment of health, caused by diseases of the heart, resulting in disability or death to such sworn police officer, shall be presumptive evidence that it was incurred in the performance of such officer's duty. (2006: A 5617 /S4408)
Status: Referred to Assembly Governmental Employees Committee

One year Final Average Salary for Park Police, Environmental Conservation Officers and Forest Rangers
A5968/S5597 Abbate/Robach
Provides a final one year final average salary benefit for certain Tier I and Tier II retirement system members. Provides a final one year final average salary benefit for Tier I and Tier II regional park police, law enforcement officers in the department of environmental conservation and forest rangers in the department of environmental conservation.
(2006: A6521/S5462) Status: Referred to Assembly Governmental Employees and Senate Civil Service and Pensions

Professional Standards for SUNY Police Officers
A2176/S1891Canestrari/Mariarz
An act to amend the civil service law, in relation to including state university of New York police officers in provisions permitting transfer of police officers Chapter 424 of the laws of 1998 granted SUNY peace officers police officer status thus giving them the necessary authority to effectively execute their job while affording them the same powers as police officers including: the ability to make arrests, conduct searches, investigate crimes, issue appearance tickets, use marked vehicles, respond in uniform to crimes in progress, and are expected to enforce the Penal Law as well as the Vehicle and Traffic Law. Whether they are allowed to carry a firearm is left to the discretion of the presiding president of each college. Current law does not provide SUNY police officers with the ability to transfer to another police force or department pursuant to section 58 of the Civil Service Law. (2006: S4477/A7627)
Status: Referred to Assembly Governmental Employees Committee and Senate Civil Service and Pensions Committee

Twenty Year Half Pay Retirement for State Park Police
S3736/A5959 Abbate/Robach
Establishes optional twenty-year retirement plan for regional state park police in the office of parks, recreation and historic preservation. Allows such members to retire after 20 years of total creditable service or upon attainment of age 60. Establishes retirement formula. (2006: A6519/ S3916)
Status: Referred to Assembly Governmental Employees Committee and Senate Civil Service and Pensions Committee

Relates to requirements for the appointment of environmental conservation officers
This bill amends the Civil Service Law to add Environmental Conservation Officers (ECOs) to the list of police officers subject to certain basic requirements, including the requirement of good moral character. (2006: S4311)
Status: Referred to Assembly Governmental Employees Committee and Senate Civil Service and Pensions Committee

State Correction Lieutenants and Security Hospital Treatment Assistants
Peace Officer status for SHTA’s
A6070 Gunther
Brings SHTA’s under section 1.20 of the criminal procedure law.
Status: Referred to Assembly Codes

Binding Arbitration for SHTA’s
A9719/S6836 Destito/Griffo
Provides for binding arbitration for members of the security services collective bargaining unit who are security hospital treatment assistants. A803/S4785 2007 Final Status: Veto # 36
Status: Senate Third Reading and Assembly Governmental Employees

Accidental Death Benefits for State Correction Officers and Security Hospital Treatment Assistants
Provides a special accidental death benefit for members in the uniformed personnel in institutions under the jurisdiction of the department of correctional services and security hospital treatment assistants under the jurisdiction of the office of mental health. (2006: A4789, Destito)
Status: Referred to Assembly Governmental Employees Committee

Allows Tier 1 and 2 SHTA’s to withdraw from Section 89
A1789/S4913 Destito/Griffo
To allow Tier 1 and 2 members of the New York State and Local Employees' Retirement System who are security hospital treatment assistants in the 25 year retirement plan (Section 89) to withdraw from that plan
Status: Senate Third Reading and referred to Assembly Governmental Employees

Allows SHTA’s and Correction officers to make an election
A1791 Destito
This legislation will allow members covered by Section 89 of the Retirement and Social Security Law (the Correction Officers/SHTA Retirement Plan) to elect not to retire under this plan.
Status: Referred to Assembly Governmental Employees

Allows Tier 3 Correction Officers and Tier 3 and 4 SHTA’s to opt to retire under Article 15
A1788B/S6377
Allows Tier 3 correction officers and Tier 3 and 4 security hospital treatment assistants to become eligible to receive benefits under article 15. There are circumstances where employees in the Correction Officer/SHTA Plan are disadvantaged by the inability to use prior ERS service for retirement purposes. For example, service prior to becoming a correction officer or SHTA is unusable toward retirement in the Correction Officer/SHTA Plan because it is not "creditable." As such, these individuals are faced with two options: (1) work 25 years in an appropriate Correction Officer or SHTA title to obtain the benefits of this Plan; or (2) if the ERS benefit is a better benefit, return to a general ERS job before retirement. This bill recognizes the inequity inherent in this. (2004: A1654)
Status: Referred to Assembly Governmental Employees and Senate Civil Service and Pensions

Disability Benefits for state corrections and SHTA’s
S5342 Nozzolio
Provides members of the Security Services unit and Security Supervisors unit who are correctional officers or security hospital treatment assistants ("SHTA’s") who have 10 years of service with a 50% disability benefit. Sections two, three and four would apply this program to such members in Tier II, III and IV.
Status: Referred to Senate Civil Service and Pensions

Ordinary death benefits for beneficiaries of Tier II and III correction officers and SHTAs
Little/Abbate
Provides a pension reserve death benefit for certain Tier 2 and Tier 3 NYS correction officers and security treatment assistants. (2006: A10864/S7758)
Status: Referred to Assembly Governmental Employees Committee and Senate Civil Service and Pensions Committee

Assaults on Correction Officers
S99/A6080
Prohibits the throwing, tossing, expectorating or expelling of saliva or other bodily secretion or excretion at or on an employee of a correctional facility. (2006: A9850/S6906)
Status: Senate Codes and Assembly Codes Committee

Aggravated Assault of an SHTA
An act to amend the penal law, in relation to the crime of aggravated harassment of an employee. Includes employees at secure facilities to which security hospital treatment assistants are assigned operated by the office of mental health as employees within the statute of aggravated harassment of an employee, a class E felony. (2006: A135,Destito)
Status: Referred to Assembly Codes Committee

Chief Safety Officers
Performance of Duty Disability for Safety Officers
Little/Abbate
Creates a disability benefit for safety and security officers employed by the department of mental health or the office of mental retardation and developmental disabilities (2006: A11367A/S7749)
Status: Referred to Senate Civil Service and Pensions Committee and Assembly Governmental Employees Committee

Binding Arbitration for Safety Officers
A1804 Lupardo
Council 82, AFSCME represents chief safety officers in the Office of Mental Health and the Office of Mental Retardation and Developmental Disabilities. This legislation would extend binding arbitration to safety officers employed by these state offices. (2006: S7750/A10842)
Status: Assembly Third Reading

Police Officer Status for Chief Safety Officers
A8366/S925 Morahan/Abbate
This legislation law would add chief safety officer to the fourteen other groups presently in the "police officer" category which include State Police, Capitol Police, Sheriffs, Undersheriffs, Deputy Sheriffs, Parkway and Railroad Police, Regional State Park Commission Investigators, Fire Marshalls, Conservation Officers, Port Authority Officers, etc. (2004: S2983/A5054)
Status: Referred to Senate and Assembly Codes Committees

Designation of Safety Officers as Special Policemen
A6785/S927Morahan/Rivera
Section 1 of the bill amends section 7.25 of the Mental Hygiene Law to require the Commissioner and in—patient facility directors in OMH to designate safety officers as safety officers who would have all the powers of a peace officer as set forth in section 2.20 of the criminal procedure law.
Status: Referred to Assembly and Senate Mental Health Committees

Deputy Sheriffs and County Correction Officers
Binding Arbitration for County Correction Officers
A7214/Abbate
This legislation adds certain county correction officer and their employers to those who may use binding arbitration under the Public Employees Relation Board for final resolution of disputes in collective negotiations. It also broadens the scope of issues that can be resolved in binding arbitration.
Status: Referred to Assembly Governmental Employees

Binding Arbitration for County Correction Officers
A7216 Abbate
This legislation adds certain county correction officer and their employers to those who may use binding arbitration under the Public Employees Relation Board for final resolution of disputes in collective negotiations.
Status: Referred to Assembly Governmental Employees

Binding Arbitration for County Correction Officers and Deputy Sheriff/Correction Officers
S3273/A3206 Sweeney/Trunzo
An act to amend the civil service law, in relation to resolution of disputes in the course of collective negotiations for organized units of county correction officers and deputy sheriff-jailers (Old bill: A5981/S2461)
Status: Referred to Senate Civil Service and Pensions and Assembly Governmental Employees

Heart Bill for Police and deputy sheriffs
S 6703/A10016 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) A7525/S3089 2007 Final Status: Veto # 138
Status: Passed Senate and referred to Assembly Governmental Employees

Establishes 20-year retirement program for deputy sheriffs who are subject to article 15 of the retirement and social security law
S6759/A8972 Maltese
An act to amend the retirement and social security law, in relation to the establishment of a twenty-year retirement
program for deputy sheriffs who are subject to article 15 of such law, and in relation to providing for employer pick up, pursuant to provisions of the internal revenue code, of certain additional member contributions required to be made by certain participants in the twenty-year retirement program.
Status: Senate Banks and Assembly Codes

Additional Retirement Benefits for Deputy Sheriffs and County Correction Officers in Twenty-Five Year Plans
A10038 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. (2007: A7212/S4291) 2007 Final Status: Veto # 32
Status: Assembly Governmental Employees

Twenty Year Half Pay Retirement for County Correction Officers
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. (2007: A6751/S3927) 2007 Final Status: Veto # 148
Status: will be reintroduced

Public Safety Dispatchers, Public Safety Telecommunicators and Communications Officers Employed by County or Municipal 911 Departments

Twenty-Five Year Half Pay Retirement for Public Safety Dispatchers, Public Safety Telecommunicators and Communications Officers Employed by County or Municipal 911 Departments
A8596/S6156 Abbate/Leibell
Provides optional twenty-five year retirement plan for certain public safety dispatchers, public safety telecommunicators and communications officers employed by county or municipal 911 departments, and certain public safety dispatchers, public safety telecommunicators, communications officers, police communications technicians and supervisory police technicians. Provides that for eligible Tier III members who elect to forfeit their benefits under Article 14 of the retirement and social security law, and for eligible Tier I, II and IV members, the benefit on retirement would be 1/2 final average salary; makes related provisions. (2006: A5006/S3741)
Status: Senate Civil Service and Pensions and Assembly Governmental Employees

General Retirement

Tier 3 and 4 contribution more than ten years, additional credit
S4554/A7128 McEneny/Robach
This bill would provide that a member of NYCERS or NYCBERS in Tier III or IV who has paid into a public retirement system for a period of more than ten years shall receive one month of additional service credit for each year that the member has contributed to the pension system in excess of ten years.
Status: Referred to Senate Civil Service and Pensions and Assembly Governmental Employees

Elimination of the Tier 3 and 4 contribution
Abbate/Robach
Prospectively eliminates the required three percent tier III and tier IV retirement system contributions for members joining a NYS public retirement system on or after July 27, 1976. (2006: A5396/S5480)
Status: Referred to Senate Civil Service and Pensions and Assembly Governmental Employees

Tier 3 or 4 members that contributed to the retirement system for more than ten years; Additional retirement credit
S3537/A5759 McEneny/Robach
This bill would provide that a member of NYSERS in Tier 3 or 4 who has paid into a public retirement system for a period of more than ten years shall receive one month of additional service credit for each year that the member has contributed to the pension system in excess of ten years. (2006: A7445/S4514)
Status: Referred to Assembly Governmental Employees Committee and Senate Civil Service and Pensions Committee

Law Enforcement Legislation

LeRoy Police
A6234/S3013 Rath/Hawley
An act to establish a joint police protection district for the town of LeRoy and the village of LeRoy
Status: Senate Local Government and referred to Assembly Local Government

Police Officer Safety Act
A3408 Koon(MS)
The purpose of this bill is to protect the lives of police and peace officers by substantially increasing the length of the sentence of imprisonment that must be imposed upon persons convicted of aggravated assault upon a police or peace officer. The bill also expands the existing definition of armor piercing ammunition in the penal law ("cop killer bullets") to include ammunition that is capable of penetrating body armor worn by law enforcement officers.
Status: Referred to Assembly Codes Committee

Police Officers, Electronic Records
A8806 Lentol/Volker
Provides that, as a general rule, any statement made during a custodial interrogation is inadmissible unless such interrogation was electronically recorded; provides exceptions as to when a statement will be admissible even if the custodial interrogation was not recorded. (2006: A06541/S3354)
Status: Referred to Assembly Codes

Move Over Act
A6499/S2051
Enacts the "Ambrose-Searle’s move over act”. To protect law enforcement and emergency workers by requiring motorists to "move over" or "slow down" when approaching a parked authorized emergency vehicle with emergency lights flashing. (2006: S503)
Status: Senate and Assembly Transportation

Relates to the period of validity of certificates attesting to the satisfactory completion of an approved police basic training program
S25/A6230 Maziarz/Delmonte
AN ACT to amend the general municipal law, in relation to the period of validity of certificates attesting to the satisfactory completion of an approved police basic training program. Relates to the period of validity of certificates attesting to the satisfactory completion of an approved police basic training program awarded by the executive director of the municipal police training council. (2006:S11/A6253)
Status: Referred to Senate and Assembly Local Government Committees

Gang Violence
S3832/A1687 Riveria/Balboni
Provides for the imposition of an additional determinate sentence of imprisonment for the commission of a felony as part of a street gang. (2006:A10268/A7208)
Status: Senate and Assembly Codes

Criminal Impersonation of a Law Enforcement Officer
S3079/A1831 Fuschillo/Gianaris
An act to amend the penal law, in relation to criminal impersonation in the first degree. This bill is designed to clarify the intent and make easier prosecution of a criminal who assumes a false identity as a law enforcement officer to facilitate the commission of a felony. This Federation suggests adding firefighters and other emergency responder titles to this legislation. (2006: S5698/A8401)
Status: Senate and Assembly Codes

Assault Against Public Employees
Volker/John
Adds assaults against state and local government employees to the penal law as assault in the first degree.
(2006:S194/A9535)
Status: Senate and Assembly Codes

Unlawful fleeing a police officer in a motor vehicle
A6182/ S278 Christensen/Alesi
An act to amend the penal law, in relation to establishing offenses related to the unlawful fleeing a police officer in a motor vehicle; and to amend the vehicle and traffic law, in relation to requiring license suspensions and revocations upon conviction of such offenses.
Status: Senate and Assembly Codes

Aggravated Assault of a peace officer or correction officer
A9614/S6623 Destito/Griffo
Establishes the crime of aggravated harassment of a police officer or peace officer
Status: Referred to Senate and Assembly Codes Committees

Final Bill Status of 2007 ^ top
Bills Acted On By the Legislature

Bills Signed by the Governor

Contract Pay Bills
Pay bills for the Security Services Unit and the Forest Rangers
SSU: A4943/S2729, Chapter 4
Forest Rangers: A4942/S2728, Chapter 5
Command Pay Chapter Amendment: A6848/S3945, Chapter 18
SSU/Safety Officers, SHTA’s: A9231/S6324, Chapter 375

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

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: Chapter 244

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: Chapter 202

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: 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

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

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

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

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

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

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

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

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

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

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

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

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

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