S T A T E   O F   N E W   Y O R K
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                                  4987

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 temporary employee
  reporting

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

  Section  1.  The  civil service law is amended by adding a new section
153 to read as follows:
  S 153. TEMPORARY EMPLOYEE REPORTING. 1. DEFINITIONS. FOR THE  PURPOSES
OF THIS SECTION THE FOLLOWING DEFINITIONS SHALL APPLY:
  (A)  "STATE  AGENCIES" SHALL MEAN ANY DEPARTMENT, BOARD, BUREAU, DIVI-
SION, COMMISSION, COUNCIL, OR COMMITTEE WITHIN THE EXECUTIVE BRANCH, THE
STATE UNIVERSITY OF NEW YORK,  AND  ALL  PUBLIC  AUTHORITIES  UNDER  THE
CONTROL OF THE EXECUTIVE BRANCH.
  (B)  "TEMPORARY  EMPLOYMENT  SERVICE"  SHALL  MEAN  A  BUSINESS  WHICH
RECRUITS AND HIRES ITS OWN EMPLOYEES, AND  ASSIGNS  THOSE  EMPLOYEES  TO
PERFORM WORK AT OR SERVICES FOR OTHER BUSINESSES OR PUBLIC ENTITIES.
  (C)  "TEMPORARY  EMPLOYEE" SHALL MEAN AN EMPLOYEE ASSIGNED TO WORK FOR
THE CLIENT OR CLIENTS OF A TEMPORARY EMPLOYMENT SERVICE.
  2. THE HEAD OF THE DIVISION OF THE BUDGET,  IN  CONJUNCTION  WITH  THE
PRESIDENT OF THE CIVIL SERVICE COMMISSION, SHALL SUBMIT AN ANNUAL REPORT
TO  THE  CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE NO LATER  THAN  FEBRUARY  FIRST  OF  EACH  YEAR
DETAILING  THE  USE  OF  TEMPORARY  EMPLOYEES  BY STATE AGENCIES FOR THE
PREVIOUS CALENDAR YEAR. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) THE TOTAL AMOUNT OF EXPENDITURES FOR ALL STATE AGENCIES FOR TEMPO-
RARY EMPLOYMENT SERVICES FOR THE PREVIOUS CALENDAR YEAR;
  (B) AN ITEMIZED REPORT FOR EACH STATE AGENCY  LISTING  THE  AMOUNT  OF
EXPENDITURES FOR TEMPORARY EMPLOYMENT SERVICES FOR THE PREVIOUS CALENDAR
YEAR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11189-01-1

              

S. 4987                             2

  (C)  AN  ITEMIZED  REPORT  FOR EACH STATE AGENCY LISTING THE AMOUNT OF
EXPENDITURES FOR EACH TEMPORARY EMPLOYEE FOR THE PREVIOUS CALENDAR YEAR;
  (D)  THE  JOB  TITLES  THAT TEMPORARY EMPLOYEES WERE EMPLOYED IN AND A
DESCRIPTION OF THE DUTIES PERFORMED BY THE  TEMPORARY  WORKER  INCLUDING
WHETHER THE JOB TITLE IS IN THE COMPETITIVE OR NON-COMPETITIVE CLASS; IN
THE EVENT A JOB TITLE IS NOT AVAILABLE A DESCRIPTION OF JOB DUTIES SHALL
BE INCLUDED;
  (E)  AN ITEMIZED LISTING OF ALL VACANT POSITIONS FOR EACH STATE AGENCY
THAT UTILIZED ANY TEMPORARY EMPLOYEES FOR THE  PREVIOUS  CALENDAR  YEAR;
AND
  (F) THE LENGTH OF TIME EACH TEMPORARY EMPLOYEE WAS ASSIGNED TO A STATE
AGENCY BY A TEMPORARY EMPLOYMENT SERVICE FOR THE PREVIOUS CALENDAR YEAR;
HOWEVER,  IF A TEMPORARY EMPLOYEE HAS BEEN ASSIGNED TO A STATE AGENCY BY
A TEMPORARY EMPLOYMENT SERVICE FOR A TIME PERIOD LONGER THAN THE  PREVI-
OUS  CALENDAR  YEAR THEN THE REPORT SHALL LIST THE ENTIRE LENGTH OF TIME
THE TEMPORARY EMPLOYEE HAS BEEN ASSIGNED TO A STATE AGENCY.
  3. SUCH REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC ON THE DEPARTMENT
OF CIVIL SERVICE PUBLIC WEBSITE.
  S 2. This act shall take effect immediately.