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

                                  2447

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. PHEFFER, CLARK, GREENE -- Multi-Sponsored by --
  M. of A. ABBATE, COOK, SEMINERIO, WEISENBERG -- read once and referred
  to the Committee on Governmental Employees

AN ACT to amend the executive law, the civil service law, the correction
  law, the education law, the mental hygiene law, the military law,  the
  public  authorities law, the public officers law and the state finance
  law, in relation to redesignating the office of employee relations  as
  the office of employee and retiree relations and establishing a bureau
  for retired employees

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

  Section 1. Article 24 of the executive law, as added by chapter 491 of
the laws of 1969, is amended to read as follows:
                                ARTICLE 24
                OFFICE OF EMPLOYEE AND RETIREE RELATIONS
Section 650. Statement of policy.
        651. Definition.
        652. Office of employee AND RETIREE relations; director.
        653. Powers and duties.
        653-A. BUREAU FOR RETIRED EMPLOYEES.
        654. Actions by other officers, departments, boards, commissions
               or agencies.
  S 650.  Statement of policy.   The legislature  hereby  reaffirms  its
policy  to  promote harmonious and cooperative relationships between the
state and its CURRENT AND RETIRED employees to  protect  the  public  by
assuring,  at  all  times,  the orderly and uninterrupted operations and
functions of state government; and recognizes that furtherance  of  such
policy  requires  creation  in  the executive department of an office of
employee AND RETIREE relations with staff and skills requisite to act as
the governor's agent in conducting  collective  negotiations,  INCLUDING
MEASURES  TO  ADMINISTER  TO  THE  NEEDS OF RETIRED STATE EMPLOYEES,  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05251-01-9
              

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assure  the  proper  implementation  and  administration  of  agreements
reached  pursuant  to  such negotiations, and to assist the governor and
direct and coordinate the state's efforts with  regard  to  the  state's
powers and duties under the public employees' fair employment act.
  S  651.    Definition.    For the purposes of this article, "director"
shall mean the director of employee AND RETIREE relations.
  S 652.  Office of employee AND RETIREE relations; director.  There  is
hereby created an office of employee AND RETIREE relations in the execu-
tive  department.    The  head  of  the  office  of employee AND RETIREE
relations shall be the director of employee AND  RETIREE  relations  who
shall be appointed by, and hold office at the pleasure of, the governor.
[He]  SUCH  DIRECTOR  shall receive a salary to be fixed by the governor
within the amount appropriated therefor.  The director may appoint  such
deputies,  assistants,  consultants and other employees as may be needed
for the performance of his OR HER duties and may prescribe their  powers
and  duties  and  fix  their compensation within the amount appropriated
therefor.  Such office may have an office seal.
  S 653.  Powers and duties.   The director shall  assist  the  governor
with  regard  to  relations  between  the state and its employees.  Such
assistance may include acting as the governor's agent in discharging the
powers and duties conferred on the governor  by  the  public  employees'
fair employment act, as amended, including, without limitation, conduct-
ing collective negotiations with recognized or certified employee organ-
izations  and executing agreements reached pursuant thereto.  The direc-
tor shall have such other and further powers and duties as may from time
to time be conferred upon him OR HER by law and as the governor may from
time to time request. Nothing contained herein shall be  interpreted  to
enlarge,  diminish or otherwise change any power or duty of the governor
or legislature under said act or otherwise.
  S 653-A. BUREAU FOR RETIRED EMPLOYEES. A.  THE DIRECTOR  SHALL  ESTAB-
LISH  A  BUREAU  OF RETIREE RELATIONS WHICH SHALL ASSIST THE DIRECTOR ON
ALL MATTERS AFFECTING RETIRED STATE EMPLOYEES INCLUDING BUT NOT  LIMITED
TO  HEALTH  INSURANCE,  HEALTH  EDUCATION,  AND OTHER BENEFITS INCLUDING
COST-OF-LIVING LONGEVITY SUPPLEMENTS.
  B. IN ADDITION, AN ADVISORY COUNCIL SHALL BE  ESTABLISHED  WITHIN  THE
OFFICE  COMPOSED OF NINE MEMBERS WHO ARE RETIREES FROM STATE SERVICE AND
CURRENT MEMBERS OF STATEWIDE ASSOCIATIONS OR UNIONS OF PUBLIC EMPLOYEES.
ONE MEMBER SHALL BE ELECTED BY THE MEMBERSHIP TO SERVE  AS  CHAIRPERSON.
THREE  MEMBERS EACH SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY AND THE GOVERNOR. THE PURPOSE OF THE
COUNCIL SHALL BE TO ADVISE THE DIRECTOR ON THE NEEDS OF  RETIREES  WHICH
PERTAIN TO RETIREE BENEFITS AND SERVICES.
  C.    THE  COUNCIL  SHALL MEET FROM TIME TO TIME BUT NO LESS THAN FOUR
TIMES A YEAR.
  D.  THE MEMBERS OF THE ADVISORY COUNCIL SHALL SERVE WITHOUT SALARY BUT
EACH MEMBER SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND  NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES.
  S 654.  Actions by other officers, departments, boards, commissions or
agencies.    a.   Notwithstanding any inconsistent provision of law, any
state officer, department, board,  commission  or  agency,  shall,  upon
written  request  from  the  director, take such administrative or other
action as is necessary to implement and administer the provisions of any
binding agreement between the state and one or more  employee  organiza-
tions  representing  state  employees  pursuant to the public employees'
fair employment act, as amended  AND  MATTERS  AFFECTING  RETIRED  STATE
EMPLOYEES.    Such action may include, without limitation, the adoption,

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repeal or amendment of rules, regulations or other procedures.   Without
prejudice  to  the  rights of an employee organization under such agree-
ment, the opinion of the attorney general shall be conclusive in resolv-
ing  any disagreement between the director and any such officer, depart-
ment, board, commission or agency regarding any legal  question  arising
out of such a request, including, without limitation, whether the agree-
ment  is  binding,  whether  compliance with the request is necessary to
implement or administer the agreement and whether  compliance  with  the
request is legally possible.
  b.   All state officers, departments, boards, commissions and agencies
are authorized and directed to provide such other  and  further  assist-
ance,  services and data as may be necessary to allow the director prop-
erly to carry out [his] THE  functions,  powers  and  duties  PRESCRIBED
UNDER THIS ARTICLE.
  S  2.  Paragraph  (b) of subdivision 16 of section 94 of the executive
law, as amended by chapter 14 of the laws of 2007, is amended to read as
follows:
  (b) Conduct training  programs  in  cooperation  with  the  governor's
office  of  employee AND RETIREE relations to provide education to indi-
viduals subject to its jurisdiction; and
  S 3. Subdivision 3 of section 169 of the executive law,  as  added  by
chapter 263 of the laws of 1987, is amended to read as follows:
  3.  Notwithstanding  any  other provision of this section or any other
provision of law, the boards of trustees of the state university of  New
York and the city university of New York shall each establish and imple-
ment  salary  plans for the chancellors, presidents and senior staffs of
such state and city universities, respectively.  The  board  of  regents
shall  establish  and implement a separate salary plan for the president
of the university of the state of New York, setting  forth  the  compen-
sation to be received by the president for performing the duties of that
office  assigned  by the rules of the regents or statute, which shall be
in addition to the compensation received by such person pursuant to  the
provisions  of  subdivisions  one  and two of this section.  Such salary
plans shall be developed after consultation with the  governor's  office
of  employee  AND RETIREE relations and the division of the budget.  Any
increase in compensation for the positions set forth  in  this  subdivi-
sion,  not otherwise funded from any appropriation, shall be funded from
reallocations of funds within the appropriations specifically identified
by the aforementioned boards. Each board of trustees and  the  board  of
regents  shall file a proposed salary plan report with the chairs of the
senate finance committee and the assembly ways and means  committee  and
the  director  of  the budget at least sixty days prior to the effective
date of such salary plan. Each salary plan report shall  set  forth  the
salary  schedule, the dollar value of additional public compensation and
other employment benefits that such positions would receive, the specif-
ic sources of funding to be reallocated for salary increases, the amount
of increase to be provided to each position, the comparison salary  data
on  which the plan is based, and such other information as the boards of
trustees and the board of regents deem appropriate.
  S 4. Paragraph (a) of subdivision 15 of section 501 of  the  executive
law,  as  amended  by  section  1 of part H of chapter 58 of the laws of
2006, is amended to read as follows:
  (a) confer with the department of civil service, the governor's office
of employee AND RETIREE relations and any other state agency to  develop
strategies  which  attempt to minimize the impact on the state workforce
by providing assistance in obtaining state employment in  state-operated

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community-based  services  or  other  employment  opportunities,  and to
develop strategies for the development of necessary retraining and rede-
ployment programs. In planning such strategies, the commissioner of  the
office  of  children  and  family services shall provide for the partic-
ipation of the representatives of the employee labor  organizations  and
for the participation of managerial and confidential employees to ensure
continuity of employment;
  S  5.  Subdivision 2 of section 7-a of the civil service law, as added
by chapter 705 of the laws of 2006, is amended to read as follows:
  2. The commission on increasing  diversity  in  the  state  government
workforce  shall  be  composed  of  fifteen  members, to be appointed as
follows: nine members shall be appointed by the governor, three  members
shall  be  appointed by the temporary president of the senate, and three
members shall be appointed by the speaker of the assembly. Of  the  nine
members  appointed  by the governor, at least one member shall represent
each of the following: the department, the office of employee AND  RETI-
REE  relations,  the  governor's  appointments office, a prominent civil
rights organization representing blacks, a prominent civil rights organ-
ization representing Hispanics, and a prominent civil  rights  organiza-
tion  representing  Asians.  All  the members appointed by the temporary
president of the senate and the speaker of the assembly shall be  repre-
sentatives  of  a protected class as established by federal statutory or
case law. Every member of the commission shall serve at the pleasure  of
the  official  who  appointed  him  or her. The members shall be broadly
representative of the geographic areas of  the  state  and  the  diverse
minority  communities  of  the  state.  The governor shall designate the
chair and vice-chair of the commission from among his or her appointees.
Vacancies in the membership of the commission shall  be  filled  in  the
manner provided for original appointments.
  S 6. Subdivision 3 of section 79 of the civil service law, as added by
chapter 315 of the laws of 1995, is amended to read as follows:
  3. Rulemaking authority. The commission shall adopt rules for carrying
into  effect  the  provisions of this section, including rules providing
for the relinquishment of eligibility for appointment  upon  appointment
or  upon  failure  or  refusal to accept appointment from a redeployment
list. Additionally, notwithstanding any inconsistent provision  of  law,
rule,  or  regulation,  an  agreement  between the state and an employee
organization recognized or certified pursuant  to  article  fourteen  of
this  chapter  can provide employment security rights and benefits where
the state has  exercised  its  right  to  contract  out  for  goods  and
services. The commission upon receipt of a written request of the direc-
tor  of  employee  AND  RETIREE  relations,  is  authorized to implement
provisions of such agreement consistent with the terms thereof  and,  to
the  extent necessary, may adopt rules and regulations providing for the
benefits to be thereunder provided. The commission, with the approval of
the director of the budget, may extend such  benefits  in  whole  or  in
part, to state employees excluded from collective negotiating units.
  S  7.  Subdivision 7 of section 134 of the civil service law, as added
by chapter 491 of the laws of 1969, is amended to read as follows:
  [7.] 8. No rule, regulation or  other  procedure  under  this  section
affecting  state employees shall be adopted, repealed or amended without
the approval of the director of employee AND RETIREE relations.
  S 8. Paragraph (c) of subdivision  1  of  section  135  of  the  civil
service  law, as amended by chapter 9 of the laws of 2005, is amended to
read as follows:

A. 2447                             5

  (c) employees in the office of general services who are  specified  as
eligible  under  a labor management memorandum of understanding with the
appropriate employee representative organization to participate in prac-
tices or programs constituting one or more pilot studies to evaluate the
effect  of  extra  compensation  on productivity, efficiency and overall
service delivery. The commissioner of general services  in  consultation
with  the  director  of  the  governor's  office of employee AND RETIREE
relations and the director of classification  and  compensation  in  the
department and with the approval of the director of the budget is hereby
authorized  to  direct the payment of extra compensation to such employ-
ees. Such extra compensation shall be paid pursuant to a specified  plan
developed  by the commissioner of general services which shall be effec-
tive when approved by the director of the budget. The  payment  of  such
extra  compensation  shall be in addition to and shall not be part of an
employee's basic annual salary, and  shall  not  affect  or  impair  any
performance advancement payments, performance awards, longevity payments
or  other  rights  or  benefits  to  which  an employee may be entitled.
Furthermore, any additional compensation payable pursuant to this subdi-
vision shall not be included as compensation for retirement purposes.
  S 9. Subdivision 1 of section 158 of the civil service law, as amended
by section 4 of part C of chapter 56 of the laws of 2006, is amended  to
read as follows:
  1. The president, subject to the provisions of this section, is hereby
empowered  to  establish  regulations relating to, and to enter into and
administer contracts providing for, a group term  life  insurance  plan,
and a group accident and health insurance plan on behalf of legislators,
employees  of  the  legislature  hired  on  an  annual basis, judges and
justices of the unified court system, and state  employees  and  retired
employees  who,  for  the  purposes of article fourteen of this chapter,
have been for a period of time prescribed by the regulations and, except
for such retirees, continue to be in positions designated as  managerial
or  confidential positions. The president may authorize the inclusion in
the plan of such employees and retired employees of other governments or
public employers as defined in subdivision seven of section two  hundred
one  of this chapter. The president may adopt whatever other regulations
which may be necessary to fulfill the intentions  of  this  section.  No
regulation  shall  be  adopted, repealed or amended, and no other action
taken with respect to such employees affecting the amount of, or  eligi-
bility for, benefits or rates of contribution under this section without
the approval of the director of employee AND RETIREE relations.
  The full costs of any insurance program or programs established pursu-
ant  to this subdivision, excluding administrative costs, shall be borne
by insureds and retirees. Any interest earned by the moneys in the  life
insurance  fund shall be added to such fund, become a part of such fund,
be used for the purpose of such fund, and be  available  without  fiscal
year limitation.
  S  10.  Subdivision  1  of  section  159  of the civil service law, as
amended by chapter 1028 of the laws of  1981,  is  amended  to  read  as
follows:
  1. The  president, subject to the approval of the director of employee
AND RETIREE  relations  and  the  director  of  the  budget,  is  hereby
empowered  to  establish  regulations relating to, and to enter into and
administer contracts or agreements providing for group insurance or mass
merchandising policies or programs for state employees in the  executive
branch  precluded  from  collective  bargaining  by  subdivision five or
subdivision seven of section two hundred one of this chapter.

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  S 11. Section 159-a of the civil service law, as  amended  by  chapter
583 of the laws of 1988, is amended to read as follows:
  S 159-a. Disability  program.  Notwithstanding  any other law, rule or
regulation to the contrary, where an agreement between the state and  an
employee  organization entered into pursuant to article fourteen of this
chapter so provides on behalf of employees in positions serving  in  the
collective negotiating unit created by chapter four hundred three of the
laws  of  nineteen  hundred  eighty-three,  the director of employee AND
RETIREE relations is authorized to establish and implement a  disability
program that will provide long term income protection for such employees
and  the  president is empowered to establish regulations to effect such
implementation. No regulation shall be adopted, repealed or amended, and
no other action taken with respect to such employees or such implementa-
tion without the approval  of  the  director  of  employee  AND  RETIREE
relations.  Notwithstanding  any  other  law,  rule or regulation to the
contrary, any employee who participates in or is covered by a disability
program authorized by this  section  shall  receive  retirement  service
credit  not  to  exceed  six  months during the period that he or she is
receiving the short term disability benefit under such  program  on  the
same  basis  and  at  the  same rate as such employee would receive such
credit were he or she on sick leave at half pay for the period  of  time
for  which  such employee would have been entitled to such sick leave at
half pay had the sick leave policy supplemented by the short term  disa-
bility program remained in effect.
  S  12. Subdivision 3 of section 160 of the civil service law, as added
by chapter 491 of the laws of 1969, is amended to read as follows:
  3. Notwithstanding any inconsistent provision of this article, no rule
or regulation shall be adopted, repealed or amended, and no other action
taken with respect to state employees affecting the rate of or eligibil-
ity for benefits under this article, without the approval of the  direc-
tor of employee AND RETIREE relations.
  S  13.  Subdivision  1  of  section 161-a of the civil service law, as
amended by chapter 302 of the laws  of  1985,  is  amended  to  read  as
follows:
  1.  Where,  and to the extent that, an agreement between the state and
an employee organization entered into pursuant to  article  fourteen  of
this  chapter  provides  for  health  insurance benefits, the president,
after receipt of written directions from the director  of  employee  AND
RETIREE  relations,  shall  implement  the  provisions of such agreement
consistent with the terms thereof and  to  the  extent  necessary  shall
adopt  regulations providing for the benefits to be thereunder provided.
The president, with the approval of the  director  of  the  budget,  may
extend  such  benefits, in whole or in part, to employees not subject to
the provisions of such agreement.
  S 14. The opening paragraph of section 165-a of the civil service law,
as amended by chapter 467 of the laws of 1991, is  amended  to  read  as
follows:
  Notwithstanding any other provision of law to the contrary, the presi-
dent  shall  permit the unremarried spouse and the dependents, otherwise
qualified as eligible for coverage under regulations of  the  president,
of  a  person  who  was  an  employee of the state and/or of a political
subdivision thereof or of a public  authority  for  not  less  than  ten
years, provided however, that the ten-year service requirement shall not
apply  to  such employees on active military duty in connection with the
Persian Gulf conflict who  die  on  or  after  August  second,  nineteen
hundred ninety while in the Persian Gulf combat zone or while performing

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such  military  duties,  who  had been a participant in any of the state
health insurance plans,  to  continue  under  the  coverage  which  such
deceased  employee  had in effect at the time of death, upon the payment
at intervals determined by the president of the full cost of such cover-
age, provided, however, that the unremarried spouse of an active employ-
ee of the State who died on or after April first nineteen hundred seven-
ty-five  and before April first nineteen hundred seventy-nine who timely
elected to continue dependent coverage, or such unremarried  spouse  who
timely  elected  individual  coverage shall continue to pay at intervals
determined by the president one-quarter of the full  cost  of  dependent
coverage  and  provided  further,  that, with regard to employees of the
State, where and to the extent that an  agreement  pursuant  to  article
fourteen  of this chapter so provides, or where the director of employee
AND RETIREE relations, with respect to employees of the  State  who  are
not included within a negotiating unit so recognized or certified pursu-
ant  to  article  fourteen of this chapter whom the director of employee
relations determines should be declared eligible for the continuation of
health insurance plans for the survivors of such employees of the State,
the president shall adopt regulations providing for the continuation  of
such health insurance by the unremarried spouse of an active employee of
the State who died on or after April first nineteen hundred seventy-nine
who  elects  to  continue dependent coverage, or such unremarried spouse
who elects individual coverage, and upon  such  election  shall  pay  at
intervals  determined  by  the president one-quarter of the full cost of
dependent coverage  and,  provided  further  with  respect  to  enrolled
employees  of a political subdivision or public authority in a negotiat-
ing unit recognized or certified pursuant to article  fourteen  of  this
chapter,  where  an  agreement  negotiated  pursuant  to said article so
provides, and with respect to enrolled employees of a political subdivi-
sion or public authority not  included  within  a  negotiating  unit  so
recognized  or certified, at the discretion of the appropriate political
subdivision or public authority, the unremarried  spouse  of  an  active
employee  of  the  political  subdivision or of the public authority who
died on or after April first nineteen hundred seventy-five, may elect to
continue dependent coverage or such unremarried spouse may  elect  indi-
vidual coverage and upon such election shall pay at intervals determined
by the president one-quarter of the full cost of dependent coverage.
  S  15. Subdivision 2 of section 171 of the civil service law, as added
by chapter 585 of the laws of 1998, is amended to read as follows:
  2. Notwithstanding any inconsistent provision of this article, no rule
or regulation shall be adopted, repealed or amended, and no other action
taken with respect to state employees affecting the rate or  eligibility
for benefits under this article, without the approval of the director of
employee AND RETIREE relations.
  S  16. Subdivision 1 of section 79-a of the correction law, as amended
by section 2 of part D of chapter 63 of the laws of 2005, is amended  to
read as follows:
  1.  confer with the department of civil service, the governor's office
of employee AND RETIREE relations and any other appropriate state  agen-
cies  to  develop strategies which attempt to minimize the impact of the
closure on the state work force;
  S 17. Section 79-b of the correction law, as amended by section  2  of
part D of chapter 63 of the laws of 2005, is amended to read as follows:
  S 79-b. Adaptive reuse plan for consideration prior to prison closure.
Not  later  than  six months prior to the effective date of closure of a
correctional facility, the commissioner shall, in consultation with  the

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commissioners of economic development, civil service and the division of
criminal  justice  services and the director of the governor's office of
employee AND RETIREE relations, provide a report for an  adaptive  reuse
plan  for any facility slated for closure which will evaluate the commu-
nity impact of the proposed closure including but  not  limited  to  the
following  factors:    the potential to utilize the property for another
state government purpose, including for a new purpose  as  part  of  the
state criminal justice system; potential for the sale or transfer of the
property  to  a local government or other governmental entity; potential
for the sale of the property to a private entity for development into  a
business, residential or other purpose; community input for local devel-
opment;  and  the condition of the facility and the investments required
to keep the structure in good repair, or to make it viable for reuse.
  S 18. Section 6208 of the education law, as added by  chapter  305  of
the laws of 1979, is amended to read as follows:
  S 6208. Collective  negotiation.  For the purposes of article fourteen
of the civil service law, the city  university  of  New  York  shall  be
deemed  to  be  the public employer and as such shall negotiate with and
enter into written agreements with employee  organizations  representing
the  instructional  staff  and  non-instructional  staff  of  the senior
colleges and community colleges of such university that have been certi-
fied or recognized under such article.   For purposes of  such  article,
the  chancellor  of  the city university shall be deemed to be the chief
executive officer, the chief legal officer of the city university  shall
be  chief  legal  officer,  and the legislature of the state of New York
shall be deemed to be the legislative body of the government.  In carry-
ing on such negotiations, the city university of New York shall  consult
with  and  seek assistance from the state office of employee AND RETIREE
relations and the New York city office  of  municipal  labor  relations.
The  state public employment relations board shall have exclusive juris-
diction for the purpose of administering the provisions of such  article
and  the  provisions of section two hundred twelve of such article shall
not be applicable to any such negotiations.
  S 19. The opening paragraph of  paragraph  4  of  subdivision  (b)  of
section 5.07 of the mental hygiene law, as amended by chapter 723 of the
laws of 1993, is amended to read as follows:
  The  commissioner of mental health in consultation with the department
of civil service, the office of employee AND RETIREE relations  and  any
other  appropriate  state agency, shall prepare for the governor and the
legislature a written evaluation report concerning  the  retraining  and
continuation  of employment of persons whose employment in a state-oper-
ated hospital listed in section 7.17 of this chapter may  be  terminated
because  of  planned  closure  or  consolidation  of such state-operated
hospital. Such report shall include, but not be limited to:
  S 20. Paragraph 1 of subdivision (e) of section  7.17  of  the  mental
hygiene  law,  as amended by chapter 170 of the laws of 1994, is amended
to read as follows:
  1. confer with the department of civil service, the governor's  office
of  employee AND RETIREE relations and any other state agency to develop
strategies which attempt to minimize the impact on the  state  workforce
by  providing assistance in obtaining state employment in state-operated
community-based services  or  other  employment  opportunities,  and  to
develop strategies for the development of necessary retraining and rede-
ployment  programs.  In planning such strategies, the commissioner shall
provide for the participation of the  representatives  of  the  employee

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labor  organizations  and for the participation of managerial and confi-
dential employees to ensure continuity of employment;
  S 21. Section 19-a of the military law, as added by chapter 106 of the
laws of 2003, is amended to read as follows:
  S  19-a.  Family liaison officer. The adjutant general shall designate
family liaison officers to provide assistance to the families  of  those
military  personnel  who  have  been  deployed for active military duty,
other than training. Such officer shall coordinate  his  or  her  duties
with  the  state's employee assistance program that is maintained by the
office of employee AND RETIREE relations.  The  assistance  provided  by
such  officer shall include, but not be limited to: (a) serving as liai-
son between the families of service  personnel  and  the  department  of
defense;  (b)  providing  information on family assistance programs that
are available from the state and federal government; (c)  ensuring  that
the  families  of those military personnel on active duty receive appro-
priate support and assistance. A family liaison officer shall be  avail-
able  beginning  on  the  date of any declaration of war by the Congress
through the date prescribed by presidential proclamation  or  concurrent
resolution of Congress, or during any periods of combat as designated by
presidential  executive  orders.  The  family  liaison  officer  may  be
assisted in his or her duties by such staff under  the  jurisdiction  of
the adjutant general that may be necessary to perform the duties of such
position.
  S  22.  The  opening paragraph of subdivision 1 of section 3558 of the
public authorities law, as added by chapter 5 of the laws  of  1997,  is
amended to read as follows:
  The  employees  of  the corporation shall, for all purposes of article
fourteen of the civil service law, be deemed  to  be  employees  of  the
state  of New York and shall be employed within the current state of New
York bargaining unit designations of either the professional, scientific
and  technical  unit,  the  administration  services  unit,  operational
services  unit,  institutional  services unit or security services unit.
The governor's office of employee AND RETIREE relations shall,  for  all
purposes  of article fourteen of the civil service law, act as agent for
the corporation, and shall, with respect to the  corporation,  have  all
the  powers and duties provided under sections six hundred fifty through
six hundred fifty-four of the executive law.  Those persons  who  become
employees of the corporation pursuant to subdivision one of this section
or who enter into the service of the corporation following the effective
date  of  the transfer shall retain their current bargaining unit desig-
nations in either the professional, scientific  and  technical  services
unit, the administrative services unit, the institutional services unit,
the operational services unit, the security services unit or the securi-
ty  supervisors  unit  of state employees. The corporation and the state
shall recognize the existing certified or recognized employee  organiza-
tions  for state employees as the exclusive collective bargaining repre-
sentatives for such employees.
  S 23. Subdivision 3 of section 64-a of the  public  officers  law,  as
added by chapter 453 of the laws of 1989, is amended to read as follows:
  3.  A state department or agency may, after the effective date of this
section, adopt a patent policy, or  amend  a  patent  policy  previously
approved  by  the director of the budget for such agency, subject to the
approval of the director of the budget, the state  comptroller  and  the
director  of  the  office  of employee AND RETIREE relations. Where such
policy or amendment affects a term  or  condition  of  employment,  such

A. 2447                            10

policy  or  amendment shall be adopted in accordance with the provisions
of article fourteen of the civil service law.
  S  24.  Subdivision  12-d  of  section  8 of the state finance law, as
amended by section 5 of part A of chapter 10 of the  laws  of  2008,  is
amended to read as follows:
  12-d.  Notwithstanding  any  inconsistent  provision  of  the court of
claims act, examine, audit and certify for payment any  claim  submitted
and  approved  by the head of a state department or agency, other than a
department or agency specified in subdivision twelve  of  this  section,
for  personal property of an employee damaged or destroyed in the course
of the performance of official duties without fault on his  part  by  an
inmate, patient or client of such department or agency after March thir-
ty-first,  two  thousand  seven  and  prior to April first, two thousand
eleven, provided no such claim may be certified for payment to an  offi-
cer or employee who is in a collective negotiating unit until the direc-
tor of employee AND RETIREE relations shall deliver to the comptroller a
certificate  that  there  is  in effect with respect to such negotiating
unit a written collectively negotiated agreement with the state pursuant
to article fourteen of the civil service law  which  provides  therefor.
Payment  of  any  such  claim  shall not exceed the sum of three hundred
dollars. No person submitting a claim under this subdivision shall  have
any claim for damages to such personal property approved pursuant to the
provision  of  subdivision  four  of  section five hundred thirty of the
labor law or any other applicable provision of law.
  S 25. Section 136-c of the state finance law, as added by  section  10
of  part  B  of  chapter  68  of the laws of 2000, is amended to read as
follows:
  S 136-c. Contracts for employee training and  organizational  develop-
ment  services. The director of employee AND RETIREE relations is hereby
authorized to enter into contracts for use by all state departments  and
agencies  for  services  to support employee training and organizational
development initiatives. Pursuant to procedures developed by the  direc-
tor  of  employee  AND  RETIREE relations in consultation with the state
comptroller, agencies  shall  be  permitted  to  access  such  contracts
directly  in  a  manner  similar  to that used for centralized commodity
contracts let by  the  commissioner  of  general  services  pursuant  to
section one hundred sixty-three of [the state finance law] THIS CHAPTER.
Nothing  contained  [herein] IN THIS SECTION shall preclude the director
of employee AND RETIREE relations  from  adherence  to  New  York  state
bidding  requirements or any other law, rule or regulation governing the
purchase of consultant services. Further, nothing contained [herein]  IN
THIS  SECTION  shall  restrict or preclude state departments or agencies
from procuring such training  and  organizational  development  services
directly  without  consideration  of  contracts  let  by the director of
employee AND RETIREE relations.
  S 26. Subdivision 2 of section 200 of the state finance law, as  added
by chapter 78 of the laws of 1982, is amended to read as follows:
  2.  Notwithstanding the provisions of subdivision one of this section,
where the state and an employee organization representing state officers
and employees who are in positions which are in  collective  negotiating
units  established pursuant to article fourteen of the civil service law
enter into an agreement providing for an alternative procedure  for  the
payment  of salaries to such employees or where the director of employee
AND RETIREE relations shall authorize an alternative procedure  for  the
payment  of  salaries  to  state  officers or employees in the executive
branch who are in positions which  are  not  in  collective  negotiating

A. 2447                            11

units,  such  alternative  procedure shall be implemented in lieu of the
procedure specified in subdivision one of this section.
  S  27.  Subdivision  2  of  section  201  of the state finance law, as
amended by chapter 233 of the laws  of  1992,  is  amended  to  read  as
follows:
  2.  The  comptroller is hereby authorized to deduct from the salary of
any employee of the state such amount as such employee  may  specify  in
writing  filed in a manner determined by the comptroller for the payment
of membership dues in a duly organized association  or  organization  of
civil  service  employees or faculty members of the state university and
to transmit the sums so deducted to the said  association  or  organiza-
tion.  Any  such written authorization may be withdrawn by such employee
at any time upon filing written notice of such withdrawal  in  a  manner
determined  by  the  comptroller.  The  foregoing  notwithstanding,  and
subject to the provisions of article fourteen of the civil service  law,
such  deductions  and transmittals shall be terminated as to one or more
such associations  or  organizations  in  accordance  with  the  written
directions  of  the director of employee AND RETIREE relations, not more
than thirty days after receipt by the comptroller  of  such  directions.
The   deductions  and  transmittals  which  were  the  subject  of  such
directions shall not thereafter be resumed without the written  approval
of such director.
  S  28. Subdivisions 2 and 4 of section 201-a of the state finance law,
as added by chapter 732 of the laws of 1988,  are  amended  to  read  as
follows:
  2.  The  director  of  employee AND RETIREE relations, in consultation
with the director of the budget and the president of the  civil  service
commission,  is  authorized  to  establish  a  flexible benefits program
consistent with sections seventy-nine, one  hundred  five,  one  hundred
six, one hundred twenty-five and one hundred twenty-nine of the internal
revenue  code  and  regulations  adopted pursuant thereto, and implement
such program subject to the approval of the director of the budget.
  4. The term "program administrator" shall mean that agent,  as  deter-
mined by the director of employee AND RETIREE relations, responsible for
the  maintenance and management of flexible spending accounts as author-
ized in subdivision two of this section.
  S 29. Subdivisions 2 and 4 of section 201-b of the state finance  law,
as  added by section 11 of part B of chapter 68 of the laws of 2000, are
amended to read as follows:
  2. The director of employee AND  RETIREE  relations,  in  consultation
with  the  director of the budget and the president of the civil service
commission, is authorized to establish a qualified transportation fringe
benefit program consistent with section 132 of the internal revenue code
and regulations adopted pursuant thereto,  and  implement  such  program
subject to the approval of the director of the budget.
  4.  The  term "program administrator" shall mean that agent, as deter-
mined by the director of employee AND RETIREE relations, responsible for
the maintenance and management of the  qualified  transportation  fringe
benefit program as authorized in subdivision two of this section.
  S  30. Subdivision 5 of section 202 of the state finance law, as sepa-
rately added by chapters 405 and 957 of the laws of 1981, is amended  to
read as follows:
  5. The director of the budget shall, with the approval of the director
of  employee AND RETIREE relations, prescribe and amend such regulations
as may be necessary to carry out the provisions of this section.    Such
regulations  may  include,  but  need  not be limited to, provisions (a)

A. 2447                            12

prescribing standards, criteria, and procedures for  determining  eligi-
bility  for  reimbursement  of  travel and moving expenses in accordance
with the provisions of this section, and, if  deemed  advisable  by  the
budget director, enumerating positions or classes or groups of positions
for  which  he  has  determined  that,  upon  transfer,  reassignment or
promotion, travel and moving expenses shall  or  shall  not  be  payable
under this section;
  (b)  fixing maximum dollar limitations on reimbursement for travel and
moving expenses pursuant to this section;
  (c) excluding or limiting reimbursement for expenses for  moving  less
than  a  prescribed  minimum  distance,  for  moving household goods and
possessions in excess of a prescribed maximum weight, or for storage  or
living expenses.
  S 31. Paragraph a of subdivision 1 of section 206 of the state finance
law, as separately added by chapters 405 and 957 of the laws of 1981, is
amended to read as follows:
  a.  "Director"  shall  mean  the  director  of  employee  AND  RETIREE
relations.
  S 32. Paragraph a of subdivision 1  of  section  206-a  of  the  state
finance  law, as added by chapter 394 of the laws of 1984, is amended to
read as follows:
  a.  "Director"  shall  mean  the  director  of  employee  AND  RETIREE
relations.
  S 33. Paragraph a of subdivision 1 of section 207 of the state finance
law, as amended by chapter 78 of the laws of 1982, is amended to read as
follows:
  a.  "Director"  shall  mean  the  director  of  employee  AND  RETIREE
relations.
  S 34. Paragraph a of subdivision 1  of  section  207-a  of  the  state
finance  law, as added by chapter 305 of the laws of 1985, is amended to
read as follows:
  a.  "Director"  shall  mean  the  director  of  employee  AND  RETIREE
relations.
  S  35.  Paragraph  a  of  subdivision  1 of section 207-b of the state
finance law, as added by chapter 313 of the laws of 1985, is amended  to
read as follows:
  a.  "Director"  shall  mean  the  director  of  employee  AND  RETIREE
relations.
  S 36. Paragraph a of subdivision 1  of  section  207-c  of  the  state
finance  law, as added by chapter 510 of the laws of 1986, is amended to
read as follows:
  a.  "Director"  shall  mean  the  director  of  employee  AND  RETIREE
relations.
  S  37.  Paragraph  (a)  of subdivision 1 of section 207-d of the state
finance law, as added by chapter 114 of the laws of 2006, is amended  to
read as follows:
  (a)  "Director"  shall  mean  the  director  of  employee  AND RETIREE
relations.
  S 38. Paragraph a of subdivision 1 of section 209 of the state finance
law, as added by chapter 924 of the laws of 1982, is amended to read  as
follows:
  a.  "Director"  shall  mean  the  director  of  employee  AND  RETIREE
relations.
  S 39.  This act shall take effect immediately.