senate Bill S568

Directs the governor to establish a pilot program providing a 4 day work week for certain state employees

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 09 / Jan / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Directs the governor to establish a 2 year pilot program providing a 4 day work week for certain state employees; requires the department of civil service to report on the cost saving derived from the implementation of such program.

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Bill Details

Versions:
S568
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Add §134-a, Civ Serv L; amd §20, Gen Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2512
2009-2010: A4127A

Sponsor Memo

BILL NUMBER:S568

TITLE OF BILL:
An act
to amend the civil service law and the general construction law, in
relation to establishing a pilot program providing for a four-day work
week for state employees

PURPOSE OR GENERAL IDEA OF BILL:
This bill would establish a pilot program for a mandatory 4-day work
week for state agencies, in order to provide fiscal, environmental
and energy benefits to New Yorkers.

SUMMARY OF PROVISIONS:
Bill § 1 adds a new § 134-a to the Civil Service Law providing for
establishment by the Governor of a mandatory 4-day work week pilot
program for state employees. Under such program:

* the work week for all state offices (or units thereof) participating
in the program will be 8 a.m to 6 p.m., Monday through Thursday.

* the Governor determines the offices or other units in state agencies
that will participate in the pilot program, after evaluating the
extent to which such offices or units provide an essential public
service, such as law enforcement or health care, that must be
provided on a continuous basis; the extent to which a change to a
4-day work week for a particular office or unit may have adverse
impacts on revenues ox public services; the ability of the state to
benefit from reduced energy expenditures for leased space; and other
matters he deems appropriate.

* mechanisms are provided for accommodating employees who would
otherwise experience substantial and unavoidable hardships under the
new schedule.

* no employee shall forfeit any remuneration or benefit by virtue of
the operation of the pilot program, and the Governor may vary the
provisions of any statute or regulation relating to vacation and
leave credits, by executive order, to ensure that no such forfeiture
occurs.

* the program shall be initiated within 120 days of enactment and run
for a period of not less than 2 years, with a midterm comparing
baseline agency operating costs to the energy and environmental
impacts and building cost savings resulting from the pilot program.
Such report shall also estimate the impact of the pilot program on
other variables, including but not limited to commuter miles
traveled, commuting costs, and public and employee satisfaction with
the program.

Bill § 2 amends § 20 of the General Construction Law to ensure that
official acts that would otherwise need to be performed on a "dark
day" under the pilot program would carry over until the next
succeeding business day.

SUMMARY OF AMENDMENTS:


Bill § 1 is amended to add a new subdivision S to Civil Service Law
§ 134-a, clarifying that nothing in that section is intended to
diminish any contractual rights, privileges or remedies of state
employees.

EFFECTS OF PRESENT LAW WHICH THIS SILL WOULD ALTER:
Civil Service Law § 134(1) currently establishes a standard 40-hour
work week for state employees, but state statutes are silent on the
number of days that comprise the work week.

JUSTIFICATION:
The current economic crisis necessitates rethinking the ways in which
government services are provided. Finding more efficient and
effective means of service delivery can enable government agencies to
fulfill their missions while reducing expenses. State and local
governments around the United States have begun to experiment with
four-day schedules as a means of providing improved service to the
public at lower cost.

Providing for a four-day work week for many New York State employees
could result in multiple benefits, including fiscal savings, expanded
access to services for the public, reductions in energy demand,
reduced commuting costs and traffic congestion, and decreased levels
of pollution resulting from reductions in energy demand and vehicle
miles traveled. Establishing a pilot program providing for a four-day
work week will assist in dealing with the current economic crisis and
enable decision makers to evaluate the long-term desirability of a
four-day work week.

PRIOR LEGISLATIVE HISTORY:
2012: Senate Bill
1967-A (Gianaris) - Died in Civil Service and
Pensions Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Along with producing many other benefits, this bill is designed to
result in fiscal savings for New York State.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   568

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law and the general construction  law,
  in  relation  to establishing a pilot program providing for a four-day
  work week for state employees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings. The legislature finds and declares
that the current economic crisis necessitates  rethinking  the  ways  in
which  government  services  are  provided.  Finding  more efficient and
effective means of service delivery can enable  government  agencies  to
fulfill  their missions while reducing expenses. State and local govern-
ments around the United States have begun to  experiment  with  four-day
schedules  as  a  means  of  providing improved service to the public at
lower cost. Providing for a four-day work week for many state  employees
could  result  in  multiple benefits, including fiscal savings, expanded
access to services for the public, reductions in energy demand,  reduced
commuting   costs  and  traffic  congestion,  and  decreased  levels  of
pollution resulting from reductions in energy demand and  vehicle  miles
traveled.  Establishing  a  pilot  program providing for a four-day work
week will assist in dealing with the current economic crisis and  enable
decisionmakers to evaluate the long-term desirability of a four-day work
week.
  S 2. The civil service law is amended by adding a new section 134-a to
read as follows:
  S  134-A.  FOUR-DAY  WORK  WEEK  PILOT PROGRAM. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, THE GOVERNOR SHALL  ESTABLISH  A  PILOT  PROGRAM
PROVIDING  FOR A MANDATORY FOUR-DAY WORK WEEK FOR STATE EMPLOYEES. UNDER
SUCH PROGRAM, THE WORK WEEK FOR  ALL  STATE  OFFICES  OR  UNITS  THEREOF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01543-01-3

S. 568                              2

PARTICIPATING  IN THE PROGRAM SHALL BE EIGHT O'CLOCK A.M. TO SIX O'CLOCK
P.M., MONDAY THROUGH THURSDAY.
  2.  THE  GOVERNOR  SHALL DETERMINE THE OFFICES OR OTHER UNITS IN STATE
AGENCIES THAT WILL PARTICIPATE IN THE  PILOT  PROGRAM.  IN  MAKING  SUCH
DETERMINATIONS, THE GOVERNOR SHALL EVALUATE:
  (A)  THE  EXTENT  TO  WHICH SUCH OFFICES OR UNITS PROVIDE AN ESSENTIAL
PUBLIC SERVICE, SUCH AS LAW ENFORCEMENT OR HEALTH  CARE,  THAT  MUST  BE
PROVIDED ON A CONTINUOUS BASIS;
  (B) THE EXTENT TO WHICH A CHANGE TO A FOUR-DAY WORK WEEK FOR A PARTIC-
ULAR  OFFICE  OR  UNIT  MAY  HAVE  ADVERSE IMPACTS ON REVENUES OR PUBLIC
SERVICES;
  (C) THE ABILITY OF THE STATE TO BENEFIT FROM REDUCED  ENERGY  EXPENDI-
TURES FOR LEASED SPACE; AND
  (D) SUCH OTHER MATTERS AS THE GOVERNOR MAY DEEM APPROPRIATE.
  3. THE PILOT PROGRAM SHALL PROVIDE MECHANISMS FOR THE ACCOMMODATION OF
INDIVIDUAL  EMPLOYEES WHO CAN DOCUMENT THAT THEY WOULD OTHERWISE EXPERI-
ENCE SUBSTANTIAL  AND  UNAVOIDABLE  HARDSHIPS  UNDER  THE  NEW  SCHEDULE
ADOPTED PURSUANT TO THIS SECTION. NO EMPLOYEE SHALL FORFEIT ANY REMUNER-
ATION  OR  BENEFIT  BY VIRTUE OF THE OPERATION OF THE PILOT PROGRAM, AND
THE GOVERNOR SHALL BE AUTHORIZED AND EMPOWERED TO VARY THE PROVISIONS OF
ANY STATUTE OR REGULATION RELATING TO VACATION  AND  LEAVE  CREDITS,  BY
EXECUTIVE ORDER, TO ENSURE THAT NO SUCH FORFEITURE OCCURS.
  4.  THE  GOVERNOR  SHALL  INITIATE THE PILOT PROGRAM NOT MORE THAN ONE
HUNDRED TWENTY DAYS AFTER THE  EFFECTIVE  DATE  OF  THIS  SECTION.  SUCH
PROGRAM  SHALL  RUN FOR A PERIOD OF NOT LESS THAN TWO YEARS AFTER INITI-
ATION. THE DEPARTMENT SHALL PREPARE AND MAKE PUBLIC  A  BASELINE  REPORT
DETAILING  THE  OPERATING COSTS, INCLUDING ENERGY USAGE AND THE COSTS OF
BUILDING MAINTENANCE, ATTRIBUTABLE TO  AFFECTED  OFFICES  AND  UNITS  OF
STATE  AGENCIES  PRIOR  TO THEIR PARTICIPATION IN THE PILOT PROGRAM. NOT
LATER THAN ONE HUNDRED TWENTY DAYS AFTER  THE  PILOT  PROGRAM  HAS  BEEN
OPERATIONAL  FOR  A FULL YEAR, THE DEPARTMENT SHALL SUBMIT TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY A REPORT COMPARING SUCH BASELINE COSTS TO THE  ENERGY  AND  ENVIRON-
MENTAL  IMPACTS  AND  BUILDING  COST  SAVINGS  RESULTING  FROM THE PILOT
PROGRAM. SUCH REPORT SHALL ALSO ESTIMATE THE IMPACT OF THE PILOT PROGRAM
ON OTHER VARIABLES, INCLUDING  BUT NOT LIMITED TO COMMUTER  MILES  TRAV-
ELED,  COMMUTING  COSTS,  AND  PUBLIC AND EMPLOYEE SATISFACTION WITH THE
PROGRAM.
  5. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
PRIVILEGES  OR  REMEDIES OF ANY STATE EMPLOYEE PURSUANT TO ANY AGREEMENT
ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER OR  ANY  OTHER
EMPLOYMENT CONTRACT.
  S 3. Section 20 of the general construction law, as amended by chapter
172 of the laws of 1988, is amended to read as follows:
  S  20. Day, computation. A number of days specified as a period from a
certain day within which or after or before which an act  is  authorized
or  required  to be done means such number of calendar days exclusive of
the calendar day from which the reckoning is made. If such period  is  a
period  of  two  days,  Saturday,  Sunday  or  a  public holiday must be
excluded from the reckoning if it is an intervening day between the  day
from  which  the  reckoning  is  made and the last day of the period. In
computing any specified period of time from a specified event,  the  day
upon  which the event happens is deemed the day from which the reckoning
is made. The day from which any specified period  of  time  is  reckoned
shall  be  excluded  in  making the reckoning.   WHENEVER ANY PAYMENT OF
MONEY, PERFORMANCE OF A CONDITION  OR  OTHER  ACTION  IS  AUTHORIZED  OR

S. 568                              3

REQUIRED  TO  BE DONE WITHIN A PERIOD OF TIME, AND SUCH PERIOD ENDS ON A
FRIDAY ON WHICH A STATE  AGENCY  WHICH  IS  A  NECESSARY  PARTY  TO  THE
PAYMENT, PERFORMANCE OR ACTION IS NOT OPEN BY VIRTUE OF PARTICIPATING IN
A FOUR-DAY WORK WEEK PILOT PROGRAM PURSUANT TO SECTION ONE HUNDRED THIR-
TY-FOUR-A  OF THE CIVIL SERVICE LAW, SUCH FRIDAY MAY BE DEEMED A "PUBLIC
HOLIDAY" FOR THE PURPOSES OF TIME COMPUTATION.
  S 4. This act shall take effect immediately.

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