Assembly Bill A9623

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9623
 
                           I N  A S S E M B L Y
 
                             January 28, 2020
                                ___________
 
 Introduced  by M. of A. QUART -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to amend the labor law and the civil service law, in relation  to
   the  designation  and  rights  of employees of the legislature; and to
   repeal certain provisions of the civil service law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 715 of the labor law, as amended by chapter 890 of
 the laws of 1968, is amended to read as follows:
   § 715. Application of article. The provisions of  this  article  shall
 not apply to: [(1)] employees of any employer who concedes to and agrees
 with  the  board that such employees are subject to and protected by the
 provisions of the national labor relations act or  the  federal  railway
 labor  act[;  or (2) employees of the state or of any political or civil
 subdivision or other agency thereof].
   § 2. Subdivision (c) of  section  35  of  the  civil  service  law  is
 REPEALED.
   § 3. Paragraph (e) of subdivision 1 of section 41 of the civil service
 law,  as  added by chapter 790 of the laws of 1958, is amended and a new
 paragraph (f) is added to read as follows:
   (e) all other subordinate offices or  positions  for  the  filling  of
 which  competitive or non-competitive examination may be found to be not
 practicable. Not more than one appointment shall be made to or under the
 title of any office or position placed in the exempt class  pursuant  to
 the  provisions  of this paragraph, unless a different number is specif-
 ically prescribed in the rules[.];
   (F) ALL OFFICERS AND EMPLOYEES OF THE STATE LEGISLATURE, AND ALL OFFI-
 CERS AND EMPLOYEES OF ANY OTHER LEGISLATIVE BODY WHOSE  PRINCIPAL  FUNC-
 TIONS AND DUTIES ARE DIRECTLY RELATED TO THE PERFORMANCE OF THE LEGISLA-
 TIVE FUNCTIONS OF SUCH BODY.
   §  4.  Paragraph  (a)  of  subdivision  6  of section 201 of the civil
 service law, as amended by chapter 597 of the laws of 2000,  is  amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14654-01-0

 A. 9623                             2
 
   (a)  The term "government" or "public employer" means (i) the state of
 New York, (ii) a county, city, town,  village  or  any  other  political
 subdivision  or  civil division of the state, (iii) a school district or
 any governmental entity operating a public school, college or  universi-
 ty, (iv) a public improvement or special district, (v) a public authori-
 ty,  commission,  or  public  benefit corporation, (vi) any other public
 corporation, agency or instrumentality or unit of government which exer-
 cises governmental powers under the laws of the state,[or] (vii) in  the
 case  of a county sheriff's office in those counties where the office of
 sheriff is an elected position, both the county and the  sheriff,  shall
 be  designated as a joint public employer for all purposes of this arti-
 cle, OR (VIII) A LEGISLATIVE BODY.
   § 5. This act shall take effect immediately.