S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6818
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 20, 2017
                                ___________
 
 Introduced  by  Sens.  AMEDORE, TEDISCO, MARCHIONE -- (at request of the
   Governor) -- read twice and ordered printed, and when  printed  to  be
   committed to the Committee on Rules
 
 AN  ACT  to  amend  the  civil service law and the state finance law, in
   relation to compensation and other terms and conditions of  employment
   of certain state officers and employees, to authorize funding of joint
   labor-management committees, to implement agreements between the state
   and an employee organization; to amend chapter 333 of the laws of 1969
   amending  the  civil  service  law  and  other laws relating to salary
   increases for certain state officers and  employees,  in  relation  to
   rates of pay for certain state employees; to repeal certain provisions
   of the civil service law relating thereto; and making an appropriation
   for the purpose of effectuating certain provisions hereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs 1, 2 and 3 of paragraph a of subdivision 1 of
 section 130 of the civil service law are REPEALED and five new  subpara-
 graphs 1, 2, 3, 4 and 5 are added to read as follows:
   (1)  EFFECTIVE  APRIL  SEVENTH,  TWO THOUSAND SIXTEEN FOR OFFICERS AND
 EMPLOYEES ON THE ADMINISTRATIVE  PAYROLL  AND  EFFECTIVE  MARCH  THIRTY-
 FIRST,  TWO  THOUSAND SIXTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITU-
 TIONAL PAYROLL:
 
 SG    HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR
                1      2      3      4      5      6
  1   23391   24180  24969  25758  26547  27336  28125   28914    789
  2   24284   25112  25940  26768  27596  28424  29252   30080    828
  3   25496   26361  27226  28091  28956  29821  30686   31551    865
  4   26609   27525  28441  29357  30273  31189  32105   33021    916
  5   27882   28841  29800  30759  31718  32677  33636   34595    959
  6   29442   30439  31436  32433  33430  34427  35424   36421    997
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD12022-01-7

 S. 6818                             2
 
  7   31070   32116  33162  34208  35254  36300  37346   38392   1046
  8   32822   33907  34992  36077  37162  38247  39332   40417   1085
  9   34651   35785  36919  38053  39187  40321  41455   42589   1134
 10   36633   37822  39011  40200  41389  42578  43767   44956   1189
 11   38758   40007  41256  42505  43754  45003  46252   47501   1249
 12   40975   42267  43559  44851  46143  47435  48727   50019   1292
 13   43406   44758  46110  47462  48814  50166  51518   52870   1352
 14   45918   47326  48734  50142  51550  52958  54366   55774   1408
 15   48584   50051  51518  52985  54452  55919  57386   58853   1467
 16   51305   52840  54375  55910  57445  58980  60515   62050   1535
 17   54193   55815  57437  59059  60681  62303  63925   65547   1622
 18   57324   59018  60712  62406  64100  65794  67488   69182   1694
 19   60395   62173  63951  65729  67507  69285  71063   72841   1778
 20   63555   65402  67249  69096  70943  72790  74637   76484   1847
 21   66963   68897  70831  72765  74699  76633  78567   80501   1934
 22   70553   72575  74597  76619  78641  80663  82685   84707   2022
 23   74325   76435  78545  80655  82765  84875  86985   89095   2110
 24   78371   80555  82739  84923  87107  89291  91475   93659   2184
 25   82702   84983  87264  89545  91826  94107  96388   98669   2281
 
   (2)  EFFECTIVE  APRIL  SIXTH,  TWO THOUSAND SEVENTEEN FOR OFFICERS AND
 EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE  MARCH  THIRTIETH,
 TWO  THOUSAND  SEVENTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL
 PAYROLL:
 
 SG    HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR
                1      2      3      4      5      6
  1   23859   24664  25469  26274  27079  27884  28689   29494    805
  2   24770   25615  26460  27305  28150  28995  29840   30685    845
  3   26006   26888  27770  28652  29534  30416  31298   32180    882
  4   27141   28075  29009  29943  30877  31811  32745   33679    934
  5   28440   29418  30396  31374  32352  33330  34308   35286    978
  6   30031   31048  32065  33082  34099  35116  36133   37150   1017
  7   31691   32758  33825  34892  35959  37026  38093   39160   1067
  8   33478   34585  35692  36799  37906  39013  40120   41227   1107
  9   35344   36501  37658  38815  39972  41129  42286   43443   1157
 10   37366   38579  39792  41005  42218  43431  44644   45857   1213
 11   39533   40807  42081  43355  44629  45903  47177   48451   1274
 12   41795   43113  44431  45749  47067  48385  49703   51021   1318
 13   44274   45653  47032  48411  49790  51169  52548   53927   1379
 14   46836   48272  49708  51144  52580  54016  55452   56888   1436
 15   49556   51052  52548  54044  55540  57036  58532   60028   1496
 16   52331   53897  55463  57029  58595  60161  61727   63293   1566
 17   55277   56931  58585  60239  61893  63547  65201   66855   1654
 18   58470   60198  61926  63654  65382  67110  68838   70566   1728
 19   61603   63417  65231  67045  68859  70673  72487   74301   1814
 20   64826   66710  68594  70478  72362  74246  76130   78014   1884
 21   68302   70275  72248  74221  76194  78167  80140   82113   1973
 22   71964   74026  76088  78150  80212  82274  84336   86398   2062
 23   75812   77964  80116  82268  84420  86572  88724   90876   2152
 24   79938   82166  84394  86622  88850  91078  93306   95534   2228
 25   84356   86683  89010  91337  93664  95991  98318  100645   2327
 
   (3) EFFECTIVE APRIL FIFTH, TWO  THOUSAND  EIGHTEEN  FOR  OFFICERS  AND
 EMPLOYEES  ON  THE  ADMINISTRATIVE  PAYROLL  AND EFFECTIVE MARCH TWENTY-

 S. 6818                             3
 
 NINTH, TWO THOUSAND EIGHTEEN FOR OFFICERS AND EMPLOYEES ON THE  INSTITU-
 TIONAL PAYROLL:
 
 SG    HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR
                1      2      3      4      5      6
  1   24336   25157  25978  26799  27620  28441  29262   30083    821
  2   25265   26127  26989  27851  28713  29575  30437   31299    862
  3   26526   27426  28326  29226  30126  31026  31926   32826    900
  4   27684   28637  29590  30543  31496  32449  33402   34355    953
  5   29009   30007  31005  32003  33001  33999  34997   35995    998
  6   30632   31669  32706  33743  34780  35817  36854   37891   1037
  7   32325   33413  34501  35589  36677  37765  38853   39941   1088
  8   34148   35277  36406  37535  38664  39793  40922   42051   1129
  9   36051   37231  38411  39591  40771  41951  43131   44311   1180
 10   38113   39350  40587  41824  43061  44298  45535   46772   1237
 11   40324   41623  42922  44221  45520  46819  48118   49417   1299
 12   42631   43975  45319  46663  48007  49351  50695   52039   1344
 13   45159   46566  47973  49380  50787  52194  53601   55008   1407
 14   47773   49238  50703  52168  53633  55098  56563   58028   1465
 15   50547   52073  53599  55125  56651  58177  59703   61229   1526
 16   53378   54975  56572  58169  59766  61363  62960   64557   1597
 17   56383   58070  59757  61444  63131  64818  66505   68192   1687
 18   59639   61402  63165  64928  66691  68454  70217   71980   1763
 19   62835   64685  66535  68385  70235  72085  73935   75785   1850
 20   66123   68045  69967  71889  73811  75733  77655   79577   1922
 21   69668   71680  73692  75704  77716  79728  81740   83752   2012
 22   73403   75506  77609  79712  81815  83918  86021   88124   2103
 23   77328   79523  81718  83913  86108  88303  90498   92693   2195
 24   81537   83810  86083  88356  90629  92902  95175   97448   2273
 25   86043   88417  90791  93165  95539  97913 100287  102661   2374
 
   (4)  EFFECTIVE  APRIL  FOURTH,  TWO THOUSAND NINETEEN FOR OFFICERS AND
 EMPLOYEES ON THE ADMINISTRATIVE  PAYROLL  AND  EFFECTIVE  MARCH  TWENTY-
 EIGHTH, TWO THOUSAND NINETEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITU-
 TIONAL PAYROLL:
 
 SG    HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR
                1      2      3      4      5      6
  1   24823   25660  26497  27334  28171  29008  29845   30682    837
  2   25770   26649  27528  28407  29286  30165  31044   31923    879
  3   27057   27975  28893  29811  30729  31647  32565   33483    918
  4   28238   29210  30182  31154  32126  33098  34070   35042    972
  5   29589   30607  31625  32643  33661  34679  35697   36715   1018
  6   31245   32303  33361  34419  35477  36535  37593   38651   1058
  7   32972   34082  35192  36302  37412  38522  39632   40742   1110
  8   34831   35983  37135  38287  39439  40591  41743   42895   1152
  9   36772   37976  39180  40384  41588  42792  43996   45200   1204
 10   38875   40137  41399  42661  43923  45185  46447   47709   1262
 11   41130   42455  43780  45105  46430  47755  49080   50405   1325
 12   43484   44855  46226  47597  48968  50339  51710   53081   1371
 13   46062   47497  48932  50367  51802  53237  54672   56107   1435
 14   48728   50222  51716  53210  54704  56198  57692   59186   1494
 15   51558   53115  54672  56229  57786  59343  60900   62457   1557
 16   54446   56075  57704  59333  60962  62591  64220   65849   1629
 17   57511   59232  60953  62674  64395  66116  67837   69558   1721
 18   60832   62630  64428  66226  68024  69822  71620   73418   1798

 S. 6818                             4
 
 19   64092   65979  67866  69753  71640  73527  75414   77301   1887
 20   67445   69406  71367  73328  75289  77250  79211   81172   1961
 21   71061   73113  75165  77217  79269  81321  83373   85425   2052
 22   74871   77016  79161  81306  83451  85596  87741   89886   2145
 23   78875   81114  83353  85592  87831  90070  92309   94548   2239
 24   83168   85486  87804  90122  92440  94758  97076   99394   2318
 25   87764   90185  92606  95027  97448  99869 102290  104711   2421
 
   (5)  EFFECTIVE  APRIL  SECOND,  TWO  THOUSAND  TWENTY FOR OFFICERS AND
 EMPLOYEES ON THE ADMINISTRATIVE  PAYROLL  AND  EFFECTIVE  MARCH  TWENTY-
 SIXTH,  TWO  THOUSAND  TWENTY FOR OFFICERS AND EMPLOYEES ON THE INSTITU-
 TIONAL PAYROLL:
 
 SG    HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR
                1      2      3      4      5      6
  1   25319   26173  27027  27881  28735  29589  30443   31297    854
  2   26285   27182  28079  28976  29873  30770  31667   32564    897
  3   27598   28534  29470  30406  31342  32278  33214   34150    936
  4   28803   29794  30785  31776  32767  33758  34749   35740    991
  5   30181   31219  32257  33295  34333  35371  36409   37447   1038
  6   31870   32949  34028  35107  36186  37265  38344   39423   1079
  7   33631   34763  35895  37027  38159  39291  40423   41555   1132
  8   35528   36703  37878  39053  40228  41403  42578   43753   1175
  9   37507   38735  39963  41191  42419  43647  44875   46103   1228
 10   39653   40940  42227  43514  44801  46088  47375   48662   1287
 11   41953   43304  44655  46006  47357  48708  50059   51410   1351
 12   44354   45752  47150  48548  49946  51344  52742   54140   1398
 13   46983   48447  49911  51375  52839  54303  55767   57231   1464
 14   49703   51227  52751  54275  55799  57323  58847   60371   1524
 15   52589   54177  55765  57353  58941  60529  62117   63705   1588
 16   55535   57197  58859  60521  62183  63845  65507   67169   1662
 17   58661   60416  62171  63926  65681  67436  69191   70946   1755
 18   62049   63883  65717  67551  69385  71219  73053   74887   1834
 19   65374   67299  69224  71149  73074  74999  76924   78849   1925
 20   68794   70794  72794  74794  76794  78794  80794   82794   2000
 21   72482   74575  76668  78761  80854  82947  85040   87133   2093
 22   76368   78556  80744  82932  85120  87308  89496   91684   2188
 23   80453   82737  85021  87305  89589  91873  94157   96441   2284
 24   84831   87195  89559  91923  94287  96651  99015  101379   2364
 25   89519   91988  94457  96926  99395 101864 104333  106802   2469
 
   § 2. Subdivision 2 of section 208 of the civil service law, as amended
 by section 3 of part A of chapter 491 of the laws of 2011, is amended to
 read as follows:
   2. An employee organization certified or recognized pursuant  to  this
 article  shall  be  entitled to unchallenged representation status until
 seven months prior to the expiration of a written agreement between  the
 public  employer  and  said  employee organization determining terms and
 conditions of employment. For the purposes of this subdivision, (a)  any
 such  agreement  for  a  term covering other than the fiscal year of the
 public employer shall be deemed to expire with the  fiscal  year  ending
 immediately  prior  to  the  termination date of such agreement, (b) any
 such agreement having a term in excess of three years shall  be  treated
 as  an  agreement for a term of three years, provided, however, any such
 agreement between the state and an  employee  organization  representing
 employees  in  the executive or judicial branches which commences in the

 S. 6818                             5
 
 calendar year two thousand [eleven] SIXTEEN having a term in  excess  of
 three  years  shall be treated as an agreement for a term certain speci-
 fied in such agreement but in no event for  a  term  greater  than  four
 years,  and  (c)  extensions  of any such agreement shall not extend the
 period of unchallenged representation status.
   § 3. Paragraph (e) of subdivision  3  of  section  130  of  the  civil
 service  law,  as  amended  by section 4 of part A of chapter 491 of the
 laws of 2011, is amended to read as follows:
   (e) (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 on behalf of officers and employees serving in positions
 in the administrative services unit, institutional services unit, opera-
 tional services unit or DIVISION OF military and naval affairs  unit  so
 provides  officers  and employees to whom paragraph a of subdivision one
 of this section applies who, on  or  after  April  first,  two  thousand
 [eleven] SIXTEEN, on their anniversary date have five or more years, but
 less  than  ten years, of continuous service as defined by paragraph (c)
 of this subdivision at a basic annual salary rate equal to or in  excess
 of the job rate or maximum salary of their salary grade, shall receive a
 lump  sum  payment  in  the  amount  of  one  thousand two hundred fifty
 dollars.  EFFECTIVE APRIL FIRST, TWO THOUSAND NINETEEN,  SUCH  LUMP  SUM
 PAYMENT SHALL INCREASE TO ONE THOUSAND FIVE HUNDRED DOLLARS.
   [Where]  (2)  EFFECTIVE UNTIL MARCH THIRTY-FIRST, TWO THOUSAND TWENTY,
 WHERE, and to the extent that, an agreement between  the  state  and  an
 employee  organization entered into pursuant to article fourteen of this
 chapter on behalf of officers and employees serving in positions in  the
 administrative  services  unit, institutional services unit, operational
 services unit or DIVISION OF military and naval affairs unit so provides
 officers and employees to whom paragraph a of subdivision  one  of  this
 section  applies  who,  on  or  after April first, two thousand [eleven]
 SIXTEEN, on their anniversary date have ten or more years of  continuous
 service as defined by paragraph (c) of this subdivision at a basic annu-
 al  salary  rate equal to or in excess of the job rate or maximum salary
 of their salary grade shall receive a lump sum payment in the amount  of
 two  thousand  five  hundred  dollars  WHICH, EFFECTIVE APRIL FIRST, TWO
 THOUSAND NINETEEN, SUCH LUMP SUM PAYMENT SHALL  BE  INCREASED  TO  THREE
 THOUSAND  DOLLARS.    EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY, WHERE,
 AND TO THE EXTENT THAT, AN AGREEMENT BETWEEN THE STATE AND  AN  EMPLOYEE
 ORGANIZATION  ENTERED  INTO PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER
 ON BEHALF OF OFFICERS AND EMPLOYEES SERVING IN POSITIONS IN THE ADMINIS-
 TRATIVE SERVICES UNIT, INSTITUTIONAL SERVICES UNIT, OPERATIONAL SERVICES
 UNIT OR DIVISION OF MILITARY AND NAVAL AFFAIRS UNIT SO PROVIDES OFFICERS
 AND EMPLOYEES TO WHOM PARAGRAPH A OF SUBDIVISION  ONE  OF  THIS  SECTION
 APPLIES  WHO,  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND TWENTY, ON THEIR
 ANNIVERSARY DATE HAVE TEN OR MORE YEARS, BUT LESS THAN FIFTEEN YEARS, OF
 CONTINUOUS SERVICE AS DEFINED BY PARAGRAPH (C) OF THIS SUBDIVISION AT  A
 BASIC  ANNUAL SALARY RATE EQUAL TO OR IN EXCESS OF THE JOB RATE OR MAXI-
 MUM SALARY OF THEIR SALARY GRADE SHALL RECEIVE A LUMP SUM PAYMENT IN THE
 AMOUNT OF THREE THOUSAND DOLLARS.
   (3) EFFECTIVE APRIL FIRST, TWO THOUSAND  TWENTY,  WHERE,  AND  TO  THE
 EXTENT THAT, AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION
 ENTERED  INTO  PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF
 OFFICERS AND  EMPLOYEES  SERVING  IN  POSITIONS  IN  THE  ADMINISTRATIVE
 SERVICES UNIT, INSTITUTIONAL SERVICES UNIT, OPERATIONAL SERVICES UNIT OR
 DIVISION  OF  MILITARY  AND  NAVAL AFFAIRS UNIT SO PROVIDES OFFICERS AND
 EMPLOYEES TO WHOM PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION APPLIES

 S. 6818                             6
 
 WHO, ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY, ON THEIR  ANNIVERSARY
 DATE  HAVE  FIFTEEN  OR  MORE  YEARS OF CONTINUOUS SERVICE AS DEFINED BY
 PARAGRAPH (C) OF THIS SUBDIVISION AT A BASIC ANNUAL SALARY RATE EQUAL TO
 OR  IN  EXCESS  OF  THE JOB RATE OR MAXIMUM SALARY OF THEIR SALARY GRADE
 SHALL RECEIVE A LUMP SUM PAYMENT IN THE AMOUNT  OF  FOUR  THOUSAND  FIVE
 HUNDRED DOLLARS.
   (4)  Such lump sum payment, AS PROVIDED BY THIS PARAGRAPH, shall be in
 addition to and not part of the employee's basic annual salary, provided
 however that any amount payable by this paragraph shall be  included  as
 compensation for overtime and retirement purposes.
   Such lump sum payment, AS PROVIDED BY THIS PARAGRAPH, shall be payable
 in  April of each fiscal year, or as soon as practicable thereafter, for
 those eligible employees who have achieved five or more, or ten or more,
 OR FIFTEEN OR MORE years of continuous service as defined  by  paragraph
 (c)  of  this  subdivision  at a basic annual salary rate equal to or in
 excess of the job rate or maximum salary of their  salary  grade  during
 the  period  October  first  through  March thirty-first of the previous
 fiscal year. Such LUMP SUM payment, AS PROVIDED BY THIS PARAGRAPH, shall
 be payable in October of each fiscal year, or  as  soon  as  practicable
 thereafter, for those eligible employees who have achieved five or more,
 or  ten  or  more,  OR  FIFTEEN  OR  MORE years of continuous service as
 defined by paragraph (c) of this subdivision at a  basic  annual  salary
 rate  equal  to  or in excess of the job rate or maximum salary of their
 salary grade during the period April first through  September  thirtieth
 of that same fiscal year.
   §  4.  Subdivision  12-d  of  section  8  of the state finance law, as
 amended by section 5 of part A of chapter 491 of the laws  of  2011,  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  [eleven] SIXTEEN and prior to April first, two
 thousand [sixteen] TWENTY-ONE, provided no such claim may  be  certified
 for payment to an officer or employee who is in a collective negotiating
 unit until the director of employee relations shall deliver to the comp-
 troller  a letter that there is in effect with respect to such negotiat-
 ing 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.
   § 5. Subdivision 12-e of section  8  of  the  state  finance  law,  as
 amended  by  section  6 of part A of chapter 491 of the laws of 2011, is
 amended to read as follows:
   12-e. (A) Notwithstanding any inconsistent provision of the  court  of
 claims  act,  where,  and  to  the extent that, an agreement between the
 state and an employee organization  entered  into  pursuant  to  article
 fourteen  of  the  civil service law on behalf of officers and employees
 serving in positions in  the  [professional,  scientific  and  technical
 services  unit,]  administrative  services  unit, institutional services

 S. 6818                             7
 
 unit, operational services unit or [and] DIVISION OF military and  naval
 affairs  unit  so  provides,  examine, audit and certify for payment any
 claim submitted and approved by the head of a state department or agency
 for  personal property of an officer or employee damaged or destroyed in
 the actual performance of official duties without fault or negligence of
 the officer or employee other than a  claim  specified  and  covered  by
 subdivision twelve or twelve-d of this section after March thirty-first,
 two  thousand  [eleven]  SIXTEEN  and [before] PRIOR TO April first, two
 thousand [sixteen] TWENTY-ONE. Payment of such claim  shall  not  exceed
 the  sum  of three hundred fifty dollars. Where an agreement between the
 state and such employee organization entered into  pursuant  to  article
 fourteen  of  the  civil  service law provides for payment to be made to
 officers and employees by a state department or  agency,  such  payments
 for claims not in excess of the amount specified in subdivision three of
 section  one  hundred  fifteen  of this chapter may be made from a petty
 cash account established pursuant to section one hundred fifteen of this
 chapter and in the manner prescribed therein and pursuant to regulations
 of the comptroller. No person submitting a claim under this  subdivision
 shall  have  any  claim  for  damages to such personal property approved
 pursuant to the provisions of subdivision four of section  five  hundred
 thirty of the labor law or any other applicable provision of law.
   (B)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE COURT OF CLAIMS
 ACT, WHERE, AND TO THE EXTENT THAT, AN AGREEMENT BETWEEN THE  STATE  AND
 AN  EMPLOYEE  ORGANIZATION  ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF
 THE CIVIL SERVICE LAW ON BEHALF OF OFFICERS  AND  EMPLOYEES  SERVING  IN
 POSITIONS IN THE PROFESSIONAL, SCIENTIFIC AND TECHNICAL SERVICES UNIT SO
 PROVIDES, EXAMINE, AUDIT AND CERTIFY FOR PAYMENT ANY CLAIM SUBMITTED AND
 APPROVED  BY THE HEAD OF A STATE DEPARTMENT OR AGENCY FOR PERSONAL PROP-
 ERTY OF AN OFFICER OR  EMPLOYEE  DAMAGED  OR  DESTROYED  IN  THE  ACTUAL
 PERFORMANCE  OF OFFICIAL DUTIES WITHOUT FAULT OR NEGLIGENCE OF THE OFFI-
 CER OR EMPLOYEE OTHER THAN A CLAIM SPECIFIED AND COVERED BY  SUBDIVISION
 TWELVE  OR  TWELVE-D OF THIS SECTION AFTER MARCH THIRTY-FIRST, TWO THOU-
 SAND SIXTEEN AND PRIOR TO APRIL FIRST, TWO THOUSAND NINETEEN. PAYMENT OF
 SUCH CLAIM SHALL NOT EXCEED THE SUM  OF  THREE  HUNDRED  FIFTY  DOLLARS.
 WHERE  AN  AGREEMENT  BETWEEN  THE  STATE AND SUCH EMPLOYEE ORGANIZATION
 ENTERED INTO PURSUANT TO ARTICLE  FOURTEEN  OF  THE  CIVIL  SERVICE  LAW
 PROVIDES  FOR  PAYMENT  TO  BE MADE TO OFFICERS AND EMPLOYEES BY A STATE
 DEPARTMENT OR AGENCY, SUCH PAYMENTS FOR CLAIMS  NOT  IN  EXCESS  OF  THE
 AMOUNT  SPECIFIED IN SUBDIVISION THREE OF SECTION ONE HUNDRED FIFTEEN OF
 THIS CHAPTER MAY BE MADE FROM A PETTY CASH ACCOUNT ESTABLISHED  PURSUANT
 TO  SECTION  ONE  HUNDRED  FIFTEEN  OF  THIS  CHAPTER  AND IN THE MANNER
 PRESCRIBED THEREIN AND PURSUANT TO REGULATIONS OF  THE  COMPTROLLER.  NO
 PERSON  SUBMITTING  A  CLAIM UNDER THIS SUBDIVISION SHALL HAVE ANY CLAIM
 FOR  DAMAGES  TO  SUCH  PERSONAL  PROPERTY  APPROVED  PURSUANT  TO   THE
 PROVISIONS  OF  SUBDIVISION  FOUR  OF SECTION FIVE HUNDRED THIRTY OF THE
 LABOR LAW OR ANY OTHER APPLICABLE PROVISION OF LAW.
   § 6. Subdivision 1 of section 134 of the civil service law, as amended
 by chapter 382 of the laws of 1973, is amended to read as follows:
   1. For all state officers  and  employees,  other  than  officers  and
 employees  of the legislature and the judiciary and other than those who
 shall be excluded  pursuant  to  the  rules  and  regulations  hereafter
 mentioned,  the  workweek for basic annual salary shall not be more than
 forty-hours; and, notwithstanding any inconsistent  provisions  of  law,
 and  subject to the rules and regulations promulgated by the director of
 the budget, any such state officer and employee  who  is  authorized  or
 required  to work more than forty hours in any week in his regular posi-

 S. 6818                             8

 tion or title or in a position the title of which is  allocated  to  the
 same  salary  grade  as  his  regular  position,  shall receive overtime
 compensation for the hours worked in excess of forty in each week at one
 and  one-half  times the hourly rate of pay received by such employee in
 his regular position; provided, however, that an employee not subject to
 the overtime provisions of the federal  "Fair  Labor  Standards  Act  of
 1938"  as  amended  by  the  federal "Fair Labor Standards Amendments of
 1966", being public law six hundred one of the eighty-ninth congress, as
 approved September twenty-three, nineteen  hundred  sixty-six,  and  all
 acts amendatory thereof and supplementary thereto, may by written agree-
 ment with his proper authority exchange hours of work with other employ-
 ees  doing  similar  work  in  the same state institution or other state
 governmental unit without overtime compensation. Upon  the  approval  of
 the  director  of the budget a member of the state police may be consid-
 ered to have worked, for the purpose  of  determining  overtime  compen-
 sation  pursuant  to  the  provisions of this section, a minimum of four
 hours each time he is recalled to work  overtime  after  completing  his
 scheduled  work  period and leaving his scheduled work station or may be
 considered to have worked a minimum of two hours each time he is  sched-
 uled  to  return and returns to duty to work overtime for the purpose of
 making an appearance in court after completing his  regularly  scheduled
 work  period  and leaving his regularly scheduled work station. Upon the
 approval of the director of the budget an employee may be considered  to
 have worked, for the purpose of determining overtime compensation pursu-
 ant  to  the  provisions of this section, a minimum of one-half day each
 time he is recalled to work overtime after completing his scheduled work
 period and leaving his scheduled work station; provided, however,  that,
 subject to the terms of an agreement negotiated between the state and an
 employee  organization pursuant to article fourteen of the civil service
 law, an employee recalled to work may be considered to have worked  less
 than  a  minimum  of  one-half day and an employee recalled to work more
 than once during a period of one-half day commencing with the  onset  of
 the  initial  recall  will  not be entitled to more than one-half day of
 overtime credit unless more than one-half day is actually  worked.  When
 an employee shall work overtime in a position which has a title which is
 allocated  to  a  lower  salary grade than the salary grade to which the
 title of his regular position is allocated, he  shall  receive  overtime
 compensation  at  one  and  one-half times the hourly rate of pay of the
 maximum salary of the grade of the position in which he shall work over-
 time, or such maximum salary plus the  additional  increment  or  incre-
 ments,  if  he  would be entitled to such additional increment or incre-
 ments were he then appointed to such position; provided,  however,  that
 when  such hourly rate exceeds the hourly rate of pay received by him in
 his regular position, he shall receive one and one-half times the hourly
 rate of his regular position.   When an employee  works  overtime  in  a
 position  allocated  to  a  salary grade higher than the salary grade to
 which his regular position  is  allocated,  he  shall  receive  overtime
 compensation  at  one  and  one-half times the hourly rate of pay of the
 rate of compensation to which he would be entitled if he were permanent-
 ly promoted to the position in which such overtime  work  is  performed.
 NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, WHERE AN AGREEMENT BETWEEN
 THE STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO  ARTICLE
 FOURTEEN  OF THIS CHAPTER ON BEHALF OF OFFICERS AND EMPLOYEES SERVING IN
 POSITIONS IN THE INSTITUTIONAL SERVICES UNIT SO PROVIDES  SUCH  OFFICERS
 AND EMPLOYEES SHALL RECEIVE OVERTIME COMPENSATION AT A RATE OF TWO TIMES
 THE HOURLY RATE OF PAY RECEIVED BY SUCH EMPLOYEE IN HIS REGULAR POSITION

 S. 6818                             9
 
 FOR  SUCH HOURS OF WORK THAT QUALIFY FOR SUCH PAYMENT UNDER THE TERMS OF
 SUCH AGREEMENT.
   §  7. Compensation for certain state officers and employees in collec-
 tive negotiating units. 1. The provisions of this section  shall  apply,
 except  as  otherwise  stated in this section, to all full-time officers
 and employees in the collective  negotiating  units  designated  as  the
 administrative services unit, the institutional services unit, the oper-
 ational  services  unit,  or  the division of military and naval affairs
 unit established pursuant to article 14 of the civil service law.
   2. Effective April 7, 2016 for officers and employees on the  adminis-
 trative  payroll and effective March 31, 2016 for officers and employees
 on the institutional payroll, the basic annual salary  of  officers  and
 employees  in  full-time  annual  salaried  employment status on the day
 before such payroll period shall be increased by two percent adjusted to
 the nearest whole dollar amount.
   3. Effective April 6, 2017 for officers and employees on the  adminis-
 trative  payroll and effective March 30, 2017 for officers and employees
 on the institutional payroll, the basic annual salary  of  officers  and
 employees  in  full-time  annual  salaried  employment status on the day
 before such payroll period shall be increased by two percent adjusted to
 the nearest whole dollar amount.
   4. Effective April 5, 2018 for officers and employees on the  adminis-
 trative  payroll and effective March 29, 2018 for officers and employees
 on the institutional payroll, the basic annual salary  of  officers  and
 employees  in  full-time  annual  salaried  employment status on the day
 before such payroll period shall be increased by two percent adjusted to
 the nearest whole dollar amount.
   5. Effective April 4, 2019 for officers and employees on the  adminis-
 trative  payroll and effective March 28, 2019 for officers and employees
 on the institutional payroll, the basic annual salary  of  officers  and
 employees  in  full-time  annual  salaried  employment status on the day
 before such payroll period shall be increased by two percent adjusted to
 the nearest whole dollar amount.
   6. Effective April 2, 2020 for officers and employees on the  adminis-
 trative  payroll and effective March 26, 2020 for officers and employees
 on the institutional payroll, the basic annual salary  of  officers  and
 employees  in  full-time  annual  salaried  employment status on the day
 before such payroll period shall be increased by two percent adjusted to
 the nearest whole dollar amount.
   7. Notwithstanding the provisions of subdivisions  two,  three,  four,
 five  and  six of this section, if the basic annual salary of an officer
 or employee to whom the provisions of this section  apply  is  identical
 with  the hiring rate, step one, two, three, four, five, six or job rate
 of the salary grade of his or her position on the effective dates of the
 increases provided in these subdivisions, such basic annual salary shall
 be increased to the hiring rate, step one, two, three, four,  five,  six
 or  job  rate,  respectively,  of  such salary grade as contained in the
 appropriate salary schedules in subparagraphs 1, 2, 3, 4 and 5 of  para-
 graph  a  of  subdivision  1 of section 130 of the civil service law, as
 added by section one of this act, to take effect on the  dates  provided
 in  subparagraphs 1, 2, 3, 4 and 5, respectively. The increases in basic
 annual salary provided by this subdivision  shall  be  in  lieu  of  any
 increase in basic annual salary provided for in subdivisions two, three,
 four, five and six of this section.
   8. Payments pursuant to the provisions of subdivision 6 of section 131
 of  the  civil  service  law  for full-time annual salaried officers and

 S. 6818                            10
 
 employees entitled to such payments  to  whom  the  provisions  of  this
 section apply shall be payable in accordance with the terms of an agree-
 ment reached pursuant to article 14 of the civil service law between the
 state and an employee organization representing employees subject to the
 provisions of this section.
   9.  If  an  unencumbered position is one which if encumbered, would be
 subject to the provisions of this section, the salary of  such  position
 shall  be  increased  by  the  salary increase amounts specified in this
 section. If a position is created, and filled by the appointment  of  an
 officer  or  employee  who is subject to the provisions of this section,
 the salary otherwise provided for such position shall  be  increased  in
 the  same manner as though such position had been in existence but unen-
 cumbered.
   10. The increases in salary provided in subdivisions two, three, four,
 five, and six of this section, shall apply on a prorated basis to  offi-
 cers and employees, otherwise eligible to receive an increase in salary,
 who  are  paid  on  an  hourly or per diem basis, employees serving on a
 part-time or seasonal basis and employees paid on any basis  other  than
 at  an annual salary rate. Notwithstanding the foregoing, the provisions
 of subdivision eight of this section shall not apply to employees  serv-
 ing  on  an hourly, per diem, or seasonal basis, except as determined by
 the director of the budget.
   11. In order to provide for the officers and employees  to  whom  this
 section  applies who are not allocated to salary grades, but are paid on
 an annual basis, increases and payments pursuant to subdivision eight of
 this section in proportion to those provided to  persons  to  whom  this
 section  applies who are allocated to salary grades, the director of the
 budget is authorized to add appropriate adjustments and/or  payments  to
 the  compensation  which such officers and employees are otherwise enti-
 tled to receive. The director of the  budget  shall  issue  certificates
 which  shall  contain  schedules  of  positions  and the salaries and/or
 payments thereof for which adjustments and/or payments are made pursuant
 to the provisions of this subdivision, and a copy of each  such  certif-
 icate shall be filed with the state comptroller, the state department of
 civil  service,  the  chairman  of  the senate finance committee and the
 chairman of the assembly ways and means committee.
   12.  Notwithstanding  any  other  provision  of  this   section,   the
 provisions of this section shall not apply to officers or employees paid
 on a fee schedule basis.
   13.  Notwithstanding any other provision of this section, any increase
 in compensation for any officer or employee appointed to a lower  graded
 position  from  a redeployment list pursuant to subdivision 1 of section
 79 of the civil service law who continues to receive his or  her  former
 salary  pursuant to such subdivision shall be determined on the basis of
 such lower graded position provided,  however,  that  the  increases  in
 salary  provided  in  this  section  shall  not  cause such officer's or
 employee's salary to exceed the job rate of such lower graded position.
   14. Notwithstanding any of the foregoing provisions of this section or
 of any law to the contrary, the director of the budget  may  reduce  the
 salary  of any position which is vacant or which becomes vacant, so long
 as the position, if encumbered, would be subject to  the  provisions  of
 this  section.  The  director  of  the budget does not need to provide a
 reason for such reduction.
   15. Notwithstanding any of the foregoing provisions of this section or
 of any law to the contrary, any increase in compensation may be withheld
 in whole or in part from any employee to whom  the  provisions  of  this

 S. 6818                            11
 
 section are applicable when, in the opinion of the director of the budg-
 et  and  the  director  of  employee  relations,  such  increase  is not
 warranted or is not appropriate for any reason.
   §  8.  Compensation  for certain employees of the contract colleges at
 Cornell and Alfred universities. 1. During the period April 1,  2016  to
 March 31, 2021, the basic annual salaries of positions in the nonprofes-
 sional  service, except those positions in the Cornell service and main-
 tenance unit which are subject to the terms of a  collective  bargaining
 agreement  between  Cornell  University  and  the  employee organization
 representing employees in such positions and except those  positions  in
 the  Alfred  service and maintenance unit which are subject to the terms
 of a collective bargaining agreement between Alfred University  and  the
 employee  organization  representing  employees  in  such  positions, in
 institutions under the management and  control  of  Cornell  and  Alfred
 universities  as  representatives  of the board of trustees of the state
 university may be increased pursuant to  plans  approved  by  the  state
 university  trustees.  Such plans may include new salary schedules which
 shall supersede the salary schedules then in effect applicable  to  such
 employees.  Such  increases  in  basic annual salary rates, exclusive of
 performance advancement payments or merit  recognition  payments,  shall
 not  exceed  in the aggregate the payments provided in subdivisions two,
 three, four, five, and six of section seven of this act, for  incumbents
 of positions subject to this subdivision. Such plans may provide, within
 the  appropriations  available  therefor,  an amount for distribution in
 whole or in part for meritorious service by Cornell and Alfred universi-
 ties, in their discretion, with the approval  of  the  state  university
 trustees to the incumbents of such positions.
   2.  For  the  purposes  of  this  section,  the basic annual salary of
 employees is that salary which is obtained through direct  appropriation
 of state moneys for the purpose of paying wages. Nothing in this section
 shall  prevent payment of additional amounts to incumbents of such posi-
 tions in the nonprofessional service in addition  to  the  basic  annual
 salary; provided, however, that the amounts required for such additional
 payment,  and  the cost of fringe benefits attributable to such payment,
 as determined by the comptroller, are made available  to  the  state  in
 accordance  with  the procedures established by the state university for
 such purposes.
   3. Notwithstanding the  foregoing  provisions  of  this  section,  any
 increase  in  compensation  provided  by this section may be withheld in
 whole or in part from any officer or employee when, in  the  opinion  of
 the director of the budget, such withholding is necessary to reflect the
 job  performance of such officer or employee, or to maintain appropriate
 salary relationships among officers or employees of  the  state,  or  to
 reduce state expenditures to acceptable levels, or when such increase is
 not  warranted  or  is  not appropriate for any reason and the salary of
 such officer or employee is set at  the  discretion  of  the  appointing
 authority.
   4.  Notwithstanding  the foregoing provisions of this subdivision, act
 or any other provision of law, rule or regulation to the  contrary,  the
 contract  colleges  at Cornell and Alfred universities are authorized to
 provide for a procedure for the  repayment  of  salaries  withheld  from
 incumbents  of  positions  subject  to  this subdivision as described in
 subdivision one of this section, pursuant to subdivision 2-a of  section
 200  of the state finance law in lieu of the lump sum payment authorized
 by subparagraph 3 of paragraph (a) of such subdivision, subject  to  the
 approval  of  the state university trustees. Further, Cornell and Alfred

 S. 6818                            12
 
 universities are authorized to provide  that  the  salary  of  employees
 newly  hired  on  or after September 1, 1992 shall not be subject to the
 provisions of subdivision 2-a of section 200 of the state finance law.
   § 9. Location compensation for certain state officers and employees in
 collective   negotiating   units.   Notwithstanding   any   inconsistent
 provisions of law, full-time annual salaried officers and employees,  as
 well  as  non-annual  salaried seasonal officers and employees who shall
 receive the compensation provided for pursuant  to  this  section  on  a
 prorated  basis,  except  non-annual salaried officers and employees who
 are not seasonal, in the collective negotiating units designated as  the
 administrative services unit, the institutional services unit, the oper-
 ational  services  unit,  or  the division of military and naval affairs
 unit established pursuant to article 14 of the civil service law,  whose
 principal place of employment or, in the case of a field employee, whose
 official station as determined in accordance with the regulations of the
 comptroller  is located: (1) in the county of Monroe and who were eligi-
 ble to receive location pay on March 31, 1985,  shall  receive  location
 pay  at the rate of $200 per year provided they continue to be otherwise
 eligible; (2) in the city of New York, or in  the  county  of  Rockland,
 Westchester,  Nassau or Suffolk shall, effective April 1, 2016, continue
 to receive a downstate adjustment at the annual rate of $3,026;  or  (3)
 in  the  county  of Dutchess, Putnam or Orange shall, effective April 1,
 2016, continue to receive a mid-Hudson adjustment at the annual rate  of
 $1,513.  Such location payments shall be in addition to and shall not be
 a  part of an officer's or employee's basic annual salary, and shall not
 affect or impair any performance advancements or other rights  or  bene-
 fits  to  which an officer or employee may be entitled by law, provided,
 however, that location payments shall be included  as  compensation  for
 purposes  of  computation  of  overtime pay and for retirement purposes.
 For the sole purpose of  continuing  eligibility  for  location  pay  in
 Monroe  county,  an  officer  or employee previously eligible to receive
 location pay on March 31, 1985 who is on an approved leave of absence or
 participates in an employer  program  to  reduce  to  part-time  service
 during summer months shall continue to be eligible for said location pay
 upon return to full-time state service in Monroe county.
   §  10.  Continuation of location compensation for certain officers and
 employees of  the  Hudson  Valley  developmental  disabilities  services
 office.  1. Notwithstanding any law, rule or regulation to the contrary,
 any officer or employee of the Hudson Valley developmental  disabilities
 services  office  represented in the collective negotiating units desig-
 nated as the administrative services unit,  the  institutional  services
 unit  or  the  operational  services unit, who is receiving location pay
 pursuant to section 5 of chapter 174 of the laws of 1993 shall  continue
 to receive such location pay under the conditions and at the rates spec-
 ified by such section.
   2.  Notwithstanding  any  law, rule or regulation to the contrary, any
 officer or employee of  the  Hudson  Valley  developmental  disabilities
 services  office  represented in the collective negotiating units desig-
 nated as the administrative services unit,  the  institutional  services
 negotiating  unit  or  the operational services negotiating unit, who is
 receiving location pay pursuant to subdivision 2 of section 9 of chapter
 315 of the laws of 1995 shall continue  to  receive  such  location  pay
 under the conditions and at the rates specified by such subdivision.
   3.  Notwithstanding section nine of this act or any other law, rule or
 regulation to the contrary, any officer or employee of the Hudson Valley
 developmental disabilities services office represented in the collective

 S. 6818                            13
 
 negotiating units designated as the administrative  services  unit,  the
 institutional  services  unit  or  the operational services unit, who is
 receiving location pay pursuant to such section nine shall  continue  to
 be  eligible for such location pay if such officer's or employee's prin-
 cipal place of employment is changed to a location outside of the county
 of Rockland as the result of  a  reduction  or  redeployment  of  staff,
 provided,  however,  that  such  officer or employee is reassigned to or
 otherwise appointed or promoted to a different position at another  work
 location  within  the  Hudson Valley developmental disabilities services
 office located outside of the county  of  Rockland.  The  rate  of  such
 continued  location  pay  shall  not  exceed  the  rates such officer or
 employee is receiving on the date of such reassignment,  appointment  or
 promotion.
   §  11.  Notwithstanding  any  law, rule or regulation to the contrary,
 certain full-time employees of the office for people with  developmental
 disabilities in the collective negotiating unit designated as the insti-
 tutional services unit who are required to sleep over at their work site
 shall  continue  to  receive inconvenience pay pursuant to section 17 of
 chapter 333 of the laws of 1969  as  amended,  in  accordance  with  and
 subject  to  the  conditions  established  by  the terms of a negotiated
 agreement between the state and an  employee  organization  representing
 such unit and the resolution of a contract grievance bearing identifica-
 tion number 98-04-448.
   §  12. Additional compensation for certain employees in recognition of
 pre-shift briefing. 1. In recognition of  the  general  requirement  for
 full-time  employees  of  the  state  in the collective negotiating unit
 designated as the division of military and naval  affairs  unit,  estab-
 lished  pursuant to article 14 of the civil service law, to assemble for
 briefing prior to the commencement of duties, each such  employee  shall
 continue  to  receive  additional  compensation  at  the rate of $60 per
 biweekly payroll period in accordance with the terms of  a  collectively
 negotiated  agreement  between  the  state  and an employee organization
 representing such employees pursuant to article 14 of the civil  service
 law. Such additional compensation shall be paid in addition to and shall
 not  be  a  part of the employee's basic annual salary.  Notwithstanding
 the foregoing provisions of this section, or  of  any  other  law,  such
 additional compensation as added by this section shall be in lieu of the
 continuation  of  any  other  additional compensation for such employees
 paid prior to June 2, 1988, in recognition of pre-shift briefing.
   2. Notwithstanding any inconsistent provisions of law, effective April
 1, 2016, where and to the extent that, an agreement  between  the  state
 and  an employee organization entered into pursuant to article 14 of the
 civil service law so provides, in recognition of the general requirement
 that certain full-time employees of the state in the collective  negoti-
 ating  unit  designated  as the institutional services unit, established
 pursuant to article 14 of the civil service law, in the  employ  of  the
 office  of  children and family services, to assemble for briefing prior
 to the commencement of duties, each  such  employee  shall  continue  to
 receive  additional  compensation in the amount of $4.80, or one-quarter
 hour of their overtime rate, whichever is higher, when they are required
 to and actually assemble for such briefing.    Such  additional  compen-
 sation  shall  be  paid  in  addition  to and shall not be a part of the
 employee's basic annual salary.
   §  13.  Assignment  to  duty  pay.  Notwithstanding  any  inconsistent
 provisions  of  law,  effective  April  1, 2016, where and to the extent
 that, an agreement  between  the  state  and  an  employee  organization

 S. 6818                            14
 
 entered  into  pursuant  to  article  14  of  the  civil  service law so
 provides, an assignment to duty lump sum shall be paid each year  to  an
 employee  who  is  serving  in  a particular assignment deemed qualified
 pursuant  to  such agreement. Such payment shall be in an amount negoti-
 ated for those employees assigned to qualifying work assignments and who
 work such assignments for the minimum periods of time in a year provided
 in the negotiated agreement.  Assignment to duty pay shall not  be  paid
 in any year an employee does not meet the minimum period of time in such
 qualifying assignment required by the agreement or upon cessation of the
 assignment  to  duty  program  on  March 30, 2021 unless an extension is
 negotiated by the parties. Such lump sum shall be considered salary only
 for final average salary retirement purposes.
   § 14. Long term seasonal employees. Notwithstanding  any  inconsistent
 provisions  of  law,  effective  April  1, 2016, where and to the extent
 that, an agreement  between  the  state  and  an  employee  organization
 entered  into  pursuant  to  article  14  of  the  civil  service law so
 provides, a lump sum shall be paid each year to an employee who is serv-
 ing in a qualifying long term seasonal position. Such payment  shall  be
 in  an  amount negotiated and pursuant to negotiated qualifying criteria
 and shall be considered salary only for final average salary  retirement
 purposes. Such benefit shall be available until March 30, 2021.
   §  15.  In recognition of the specific requirements for winter mainte-
 nance activity for full-time employees of the state department of trans-
 portation in the collective negotiating unit designated  as  the  opera-
 tional  services  unit,  established pursuant to article 14 of the civil
 service law, and to the extent  the  terms  of  a  negotiated  agreement
 between  the  state  and an employee organization representing such unit
 entered into pursuant  to  article  14  of  the  civil  service  law  so
 provides,  such  employees shall receive payments for winter maintenance
 shifts and call-out responses if otherwise eligible  and  in  accordance
 with such negotiated agreement.
   §  16.  Subdivision 2 of section 17 of chapter 333 of the laws of 1969
 amending the civil  service  law  and  other  laws  relating  to  salary
 increases  for  certain  state  officers  and  employees,  as amended by
 section 18 of part A of chapter 491 of the laws of 2011, is  amended  to
 read as follows:
   2. Any employee subject to this section who is required to work a tour
 of  duty which includes four or more hours between the hours of six p.m.
 and six a.m., exclusive of any hours for which he or she receives  over-
 time  compensation, shall be entitled to inconvenience pay for such tour
 of duty in an amount equal to the daily rate equivalent of four  hundred
 dollars  per  year,  unless  a higher daily rate is authorized under the
 terms of a collective negotiated agreement  between  the  state  and  an
 employee  organization  pursuant to article 14 of the civil service law,
 or is authorized by the director of the budget  for  employees  excluded
 from  negotiating  rights  under article 14 of the civil service law, in
 which case such daily rate  may  be  up  to  five  hundred  seventy-five
 dollars  per  year,  shall continue effective April 2, [2011] 2016.  The
 provisions of this subdivision shall apply on a prorated basis to  offi-
 cers and employees serving on a seasonal basis in the collective negoti-
 ating units designated as the administrative services unit, the institu-
 tional services unit, the operational services unit, and the division of
 military  and  naval  affairs  unit, and officers and employees excluded
 from collective negotiating units established pursuant to article 14  of
 the civil service law.

 S. 6818                            15
 
   §  17. Notwithstanding any inconsistent provision of law, where and to
 the extent that any agreement between the state and an  employee  organ-
 ization  entered into pursuant to article 14 of the civil service law so
 provides on behalf of employees  in  the  collective  negotiating  units
 designated  as  the  administrative, institutional, operational services
 negotiating units or the division of military and naval affairs  negoti-
 ating  unit established pursuant to article 14 of the civil service law,
 the state shall contribute an amount designated in  such  agreement  and
 for the period covered by such agreement to the accounts of such employ-
 ees  enrolled for dependent care deductions pursuant to subdivision 7 of
 section 201-a of the state finance law. Such amounts shall be from funds
 appropriated in this act and shall not be part of  basic  annual  salary
 for overtime or retirement purposes.
   § 18. Notwithstanding any provision of law to the contrary, the appro-
 priations  contained in this act shall be available to the state for the
 payment and publication of grievance  and  arbitration  settlements  and
 awards  pursuant  to  articles  33  and 34 of the collective negotiating
 agreement between the state and the employee  organization  representing
 the  collective  negotiating  units  designated  as  the  administrative
 services unit, the institutional services unit, the operational services
 unit or the division of military  and  naval  affairs  unit  established
 pursuant to article 14 of the civil service law.
   §  19.  During  the  period April 2, 2016 through April 1, 2021, there
 shall be a statewide labor-management committee continued  and  adminis-
 tered  pursuant  to  the  terms  of the agreement negotiated between the
 state and an employee organization representing employees in the collec-
 tive negotiating units designated as the administrative  services  unit,
 the  institutional  services  unit, the operational services unit or the
 division of military and naval  affairs  unit  established  pursuant  to
 article  14  of  the civil service law which shall, after April 2, 2016,
 have the responsibility of studying and making recommendations  concern-
 ing  the  major  issues  of  productivity,  the quality of work life and
 implementing the agreements reached.
   § 20. The salary  increases,  benefit  modifications,  and  any  other
 modifications to terms and conditions of employment provided for by this
 act  for  state employees in the collective negotiating units designated
 as the administrative services unit, the  institutional  services  unit,
 the  operational  services  unit  or  the division of military and naval
 affairs unit established pursuant to article 14 of the civil service law
 shall not be implemented until the director of employee relations  shall
 have  delivered  to  the  director  of  the budget and the comptroller a
 letter certifying that there is in effect with respect to such negotiat-
 ing units collectively negotiated agreements, ratified  by  the  member-
 ship, which provide for such increases and modifications.
   §  21. Notwithstanding the provisions of any other section of this act
 or any other provision of law to the contrary, pending payment  pursuant
 to  this  act  of  the  basic annual salaries of incumbents of positions
 subject to this act, such incumbents shall receive, as  partial  compen-
 sation  for services rendered, the rate of salary and other compensation
 otherwise payable in their respective positions. An incumbent holding  a
 position subject to this act at any time during the period from April 1,
 2016,  until  the time when basic annual salaries and other compensation
 due are first paid pursuant to this act for such services in  excess  of
 the  salary  and other compensation actually received therefor, shall be
 entitled to a lump sum payment for the difference between the salary and
 other compensation to which such incumbent is entitled for such services

 S. 6818                            16
 
 and the salary and other compensation actually received pursuant to  the
 terms  of  an  agreement between the state and the employee organization
 representing the employees covered by this act.
   § 22. The comptroller is authorized to pay any amounts required during
 the  fiscal year commencing April 1, 2017 by the foregoing provisions of
 this act for any state department or agency from  any  appropriation  or
 other  funds  available  to such state department or agency for personal
 service or for other related employee benefits during such fiscal  year.
 To  the  extent that such appropriations in any fund are insufficient to
 accomplish the purposes herein set forth, the director of the budget  is
 authorized to allocate to the various departments and agencies, from any
 appropriations  available in any fund, the amounts necessary to pay such
 amounts.
   § 23. No officer  or  employee  participating  in  a  special  annuity
 program  pursuant  to the provisions of article 8-C of the education law
 shall, by reason of an increase in compensation pursuant  to  this  act,
 suffer  any  reduction of the salary adjustment to which he or she would
 otherwise be entitled by reason of participation in  such  program,  and
 such salary adjustment shall be based upon the salary of such officer or
 employee without regard to the reduction authorized by such article.
   §  24.  Notwithstanding  any provision of the state finance law or any
 other provision of law to the contrary, the sum of two hundred  seventy-
 five million dollars ($275,000,000) is hereby appropriated in the gener-
 al  fund/state  purposes  account  (10050)  in  miscellaneous-all  state
 departments and agencies solely for apportionment/transfer by the direc-
 tor of the budget for use by any state department or agency in any  fund
 for  the  fiscal  year beginning April 1, 2017 through March 31, 2018 to
 supplement appropriations for  personal  service,  other  than  personal
 service  and  fringe  benefits,  and to carry out the provisions of this
 act. No money shall be available for expenditure from this appropriation
 until a certificate of approval has been issued by the director  of  the
 budget  and a copy of such certificate or any amendment thereto has been
 filed with the state comptroller, the chairman  of  the  senate  finance
 committee and the chairman of the assembly ways and means committee. The
 monies  hereby appropriated are available for payment of any liabilities
 or obligations incurred  prior  to  or  during  the  state  fiscal  year
 commencing April 1, 2016 through March 31, 2018. For this purpose, these
 appropriations  shall remain in full force and effect for the payment of
 liabilities incurred on or before March 31, 2018.
   § 25. The several amounts as hereinafter set forth, or so much thereof
 as may be necessary, are hereby appropriated from the fund so designated
 for use by any state department or agency for the fiscal year  beginning
 April  1,  2017 through March 31, 2018 to supplement appropriations from
 each respective fund available for personal service, other than personal
 service and fringe benefits, and to carry out  the  provisions  of  this
 act.  The  monies  hereby  appropriated are available for payment of any
 liabilities or obligations incurred prior to or during the state  fiscal
 year  commencing April 1, 2016 through March 31, 2018. No money shall be
 available for expenditure from this appropriation until a certificate of
 approval has been issued by the director of the budget  and  a  copy  of
 such  certificate or any amendment thereto has been filed with the state
 comptroller, the chair of the senate finance committee and the chair  of
 the assembly ways and means committee.

 S. 6818                            17
 
                    ALL STATE DEPARTMENTS AND AGENCIES
                             SPECIAL PAY BILLS
 
 General Fund / State Operations
 State Purposes Account - 003
 
 Non-personal Service
 
 Joint committee on health benefits ............. 1,815,000
 Employee training and development ............. 14,607,000
 Safety and health maintenance committee .......... 869,000
 Employment security committee .................... 716,000
 Work-Life Services ............................. 3,520,000
 Discipline ....................................... 170,000
 Statewide performance rating committee ............ 56,000
 Employee Assistance Program ...................... 884,000
 Property damage ................................... 44,000
 Work  related clothing (operational services
   unit) ........................................ 1,460,000
 Tool allowance (operational services unit) ....... 101,000
 Tool insurance (operational services unit) ........ 36,000
 Uniform  allowance  (institutional  services
   unit) .......................................... 563,000
 Work    related    clothing   (institutional
   services unit) ................................. 105,000
 Contract Administration .......................... 400,000

   § 26. This act shall take effect immediately following  the  ratifica-
 tion  of  the  collective  bargaining agreement entered into pursuant to
 article 14 of the civil service law between the executive branch of  the
 state  of New York and the employee organization representing members of
 the  collective  negotiating  units  designated  as  the  administrative
 services unit, the institutional services unit, the operational services
 unit and the division of military and naval affairs unit. Following such
 ratification  of  the collective bargaining agreement, this act shall be
 deemed to have been in full force and effect on and after April 2, 2016.
 Provided that the executive shall notify the legislative  bill  drafting
 commission  upon  the  occurrence  of  the  enactment of the legislation
 provided for in this act in order that the commission  may  maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers  law.    Appropriations  made  by this act shall remain in full
 force and effect for liabilities incurred through March 31, 2018.
 
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   REPEAL NOTE.--Subparagraphs 1, 2, and 3 of paragraph a of  subdivision
 1  of  section  130 of the civil service law, repealed by section one of
 this act, provided salary schedules for state employees in the  adminis-
 trative  services unit, the operational services unit, the institutional
 services unit and the division of military and  naval  affairs  and  are
 replaced by revised salary schedules in new subparagraphs 1, 2, 3, 4 and
 5.