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 SHTAs
A6070 Gunther
Brings SHTAs under section 1.20 of the criminal procedure law.
Status: Referred to Assembly Codes
Binding Arbitration for SHTAs
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 SHTAs 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 SHTAs 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 SHTAs 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 SHTAs
S5342 Nozzolio
Provides members of the Security Services unit and Security Supervisors unit
who are correctional officers or security hospital treatment assistants ("SHTAs")
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 inpatient 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-Searles 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, SHTAs: A9231/S6324, Chapter 375
Workers 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

