Senate Bill S1303

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

                                  1303

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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, in  relation  to  hazardous  duty
  differentials

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

  Section 1. Paragraph (a) of subdivision 9 of section 130 of the  civil
service law, as added by chapter 505 of the laws of 1986 and such subdi-
vision  as  renumbered by chapter 582 of the laws of 1988, is amended to
read as follows:
  (a) Where, and to the extent that, an agreement between the state  and
an  employee  organization  entered into pursuant to article fourteen of
this chapter so provide, on behalf of employees serving in positions  in
a collective negotiating unit represented by such employee organization,
and  for  employees  designated  managerial  or confidential pursuant to
article fourteen of this chapter and civilian  state  employees  of  the
division of military and naval affairs of the executive department whose
positions are not in, or are excluded from representation rights in, any
recognized  or  certified negotiating unit, whenever the director deter-
mines that an employee who is serving in a position at a particular work
location or as a result of a temporary work assignment is exposed to  an
unavoidable,  clear and direct risk and hazard to safety and health, the
director may, subject to the approval of the  director  of  the  budget,
authorize  a  hazardous  duty  differential for the employee assigned to
such position or temporary work assignment.  Except for such  managerial
or confidential employees and such civilian state employees of the divi-
sion  of  military  and naval affairs whose positions are not in, or are
excluded from representation rights  in,  any  recognized  or  certified
negotiating  unit,  such differentials determined by the director during
the term of such agreement shall only be payable from an amount which is
collectively negotiated for such purposes pursuant to the terms of  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07311-01-9
              

S. 1303                             2

an agreement between the state and an employee organization representing
such  employees;  thereafter such differentials shall continue for those
employees assigned to such position or temporary work assignment  unless
terminated  or revoked in accordance with paragraph (b) of this subdivi-
sion.  FOR THE PURPOSES OF THE DIFFERENTIAL AUTHORIZED PURSUANT TO  THIS
SUBDIVISION,  EMPLOYEES  ASSIGNED TO WORK IN SHOCK INCARCERATION FACILI-
TIES AND OTHER EMPLOYEES IN FACILITIES OR WORK RELEASE PROGRAMS OPERATED
BY THE DEPARTMENT OF CORRECTIONAL SERVICES WHOSE REGULAR WORK ASSIGNMENT
INVOLVES SUBSTANTIAL DIRECT CONTACT WITH INMATES SHALL RECEIVE THE  SAME
DIFFERENTIAL  AS  THAT  PROVIDED  FOR THOSE EMPLOYEES OF MEDIUM SECURITY
FACILITIES WHO RECEIVE A HAZARDOUS DUTY DIFFERENTIAL.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.