Assembly Bill A6759

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6759
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2025
                                ___________
 
 Introduced  by M. of A. WOERNER, PHEFFER AMATO, BRONSON, LUNSFORD, McMA-
   HON -- read once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to establishing a correction-
   al employee protective labor practices board
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new article 37 to read
 as follows:
                                ARTICLE 37
        PROTECTIVE LABOR PRACTICES FOR STATE CORRECTIONAL EMPLOYEES
 SECTION 1045. CORRECTIONAL EMPLOYEE PROTECTIVE LABOR PRACTICES BOARD.
   §  1045.  CORRECTIONAL  EMPLOYEE  PROTECTIVE LABOR PRACTICES BOARD. 1.
 ESTABLISHMENT. THE COMMISSIONER SHALL HEREBY CONVENE A STATE CORRECTION-
 AL EMPLOYEE PROTECTIVE LABOR PRACTICES BOARD, HEREINAFTER "BOARD".   THE
 BOARD  SHALL BE COMPRISED OF THIRTEEN MEMBERS, THE COMMISSIONER OF LABOR
 OR THEIR DESIGNEE WHO SHALL ACT AS CHAIRPERSON, THE COMMISSIONER OF  THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR THEIR DESIGNEE, A
 REPRESENTATIVE  OF THE LABOR UNION REPRESENTING CORRECTIONAL OFFICERS, A
 REPRESENTATIVE OF THE LABOR UNION REPRESENTING CORRECTIONAL LIEUTENANTS,
 A REPRESENTATIVE OF THE LABOR UNION  REPRESENTING  CORRECTIONAL  PROFES-
 SIONAL  EMPLOYEES,  A  REPRESENTATIVE  OF  THE  LABOR UNION REPRESENTING
 CORRECTIONAL ADMINISTRATIVE AND NONPROFESSIONAL STAFF, A  REPRESENTATIVE
 OF  THE  CORRECTIONAL  ASSOCIATION OF NEW YORK, TWO MEMBERS APPOINTED BY
 THE STATE SENATE MAJORITY, ONE MEMBER  APPOINTED  BY  THE  STATE  SENATE
 MINORITY,  TWO  MEMBERS APPOINTED BY THE STATE ASSEMBLY MAJORITY AND ONE
 MEMBER APPOINTED BY THE STATE ASSEMBLY MINORITY.  MEMBERS  APPOINTED  BY
 THE  LEGISLATURE  SHALL  HAVE RELEVANT PROFESSIONAL OR LIVED EXPERIENCE.
 THE MEMBERS OF THE BOARD SHALL NOT RECEIVE A  SALARY  OR  OTHER  COMPEN-
 SATION  BUT  SHALL BE PAID ACTUAL AND NECESSARY TRAVELING EXPENSES WHILE
 ENGAGED IN THE PERFORMANCE OF THEIR DUTIES.
   2. ORGANIZATION. THREE-QUARTERS OF THE  MEMBERS  OF  THE  BOARD  SHALL
 CONSTITUTE  A  QUORUM.  THE  CHAIRPERSON MAY FROM TIME TO TIME FORMULATE
 RULES GOVERNING THE MANNER IN WHICH THE BOARD SHALL FUNCTION AND PERFORM
 ITS DUTIES UNDER THIS ARTICLE.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10465-01-5
 A. 6759                             2

   3. FUNCTIONS, POWERS AND DUTIES. (A) WITHIN  FORTY-FIVE  DAYS  OF  THE
 APPOINTMENT  OF  THE BOARD, THE BOARD SHALL CONDUCT PUBLIC HEARINGS. THE
 BOARD SHALL ONLY MEET WITHIN THE STATE AND  MUST  HOLD  AT  LEAST  THREE
 HEARINGS  AT WHICH THE PUBLIC WILL BE AFFORDED AN OPPORTUNITY TO PROVIDE
 COMMENTS.  AT LEAST ONE SPANISH LANGUAGE INTERPRETER SHALL BE PRESENT AT
 EACH PUBLIC HEARING TO INTERPRET ORAL TESTIMONY  DELIVERED  IN  SPANISH.
 ANY  MATERIALS  ADVERTISING  SUCH HEARINGS SHALL BE BILINGUAL IN ENGLISH
 AND SPANISH.
   (B) THE BOARD SHALL HAVE THE POWER TO ADMINISTER OATHS AND TO  REQUIRE
 BY   SUBPOENA  THE  ATTENDANCE  AND  TESTIMONY  OF  WITNESSES,  AND  THE
 PRODUCTION OF ALL BOOKS, RECORDS, AND OTHER  EVIDENCE  RELATIVE  TO  ANY
 MATTERS  UNDER INQUIRY. SUCH SUBPOENAS SHALL BE SIGNED AND ISSUED BY THE
 CHAIRPERSON OF THE BOARD AND SHALL BE SERVED AND HAVE THE SAME EFFECT AS
 IF ISSUED OUT OF THE SUPREME COURT. THE BOARD SHALL HAVE POWER TO  CAUSE
 DEPOSITIONS  OF  WITNESSES  RESIDING  WITHIN  OR WITHOUT THE STATE TO BE
 TAKEN IN THE MANNER PRESCRIBED FOR LIKE DEPOSITIONS IN CIVIL ACTIONS  IN
 THE SUPREME COURT.  THE BOARD SHALL NOT BE BOUND BY COMMON LAW OR STATU-
 TORY RULES OF PROCEDURE OR EVIDENCE.
   (C)  THE  BOARD  SHALL  CONSULT  WITH CORRECTIONAL EMPLOYEES AND THEIR
 RESPECTIVE REPRESENTATIVES, WITH INCARCERATED INDIVIDUALS, AND WITH SUCH
 OTHER PERSONS, INCLUDING THE COMMISSIONERS OF HEALTH, MENTAL HEALTH, AND
 OFFICE OF  ADDICTION  SERVICES  AND  SUPPORT,  AS  IT  SHALL  DETERMINE.
 NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW, MEMBERS OF THE BOARD
 MAY ENTER ANY STATE CORRECTIONAL  FACILITY  TO  TOUR  THE  FACILITY  AND
 INTERVIEW  CORRECTIONAL  EMPLOYEES AND INCARCERATED INDIVIDUALS, WITH AT
 LEAST THREE DAYS' ADVANCE NOTICE TO THE DEPARTMENT  OF  CORRECTIONS  AND
 COMMUNITY SERVICES.
   (D) THE BOARD SHALL REVIEW REGULATIONS, POLICIES AND PROCEDURES OF THE
 DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION AND EVALUATE LEVELS
 OF STAFFING, OVERTIME  PRACTICES,  THE  EFFECT  OF  RECENT  CORRECTIONAL
 FACILITY CLOSURES ON THE CORRECTIONAL WORKFORCE, AND ANY OTHER ASPECT OF
 THE  OPERATION  OF  CORRECTIONAL FACILITIES RELATING TO LABOR PRACTICES,
 WORKING CONDITIONS AND INSTITUTIONAL SAFETY OF BOTH CORRECTIONAL EMPLOY-
 EES AND INCARCERATED INDIVIDUALS.
   (E) THE BOARD SHALL CONSIDER EVIDENCE-BASED BEST PRACTICES UTILIZED IN
 CORRECTIONAL FACILITIES OF OTHER STATES  AND  COUNTRIES  IN  MAKING  ITS
 RECOMMENDATIONS PURSUANT TO THIS SECTION.
   (F)  NOTHING  CONTAINED  IN THE BOARD'S REPORT OR RECOMMENDATIONS MADE
 PURSUANT  TO  THIS  SECTION  SHALL  DIMINISH  OR   LIMIT   ANY   RIGHTS,
 PROTECTIONS, BENEFITS OR ENTITLEMENTS CURRENTLY AVAILABLE TO ANY CORREC-
 TIONAL EMPLOYEE.
   4.  REPORT.  THE  BOARD  SHALL  MAKE  A REPORT TO THE GOVERNOR AND THE
 LEGISLATURE, INCLUDING ITS RECOMMENDATIONS REGARDING LABOR PRACTICES AND
 WORKING CONDITIONS FOR CORRECTIONAL EMPLOYEES, AND INSTITUTIONAL  SAFETY
 OF  BOTH CORRECTIONAL EMPLOYEES AND INCARCERATED INDIVIDUALS. THE REPORT
 AND RECOMMENDATIONS OF THE BOARD SHALL BE SUBMITTED ONLY AFTER A VOTE OF
 NOT LESS THAN A MAJORITY OF ALL ITS MEMBERS IN SUPPORT  OF  SUCH  REPORT
 AND  RECOMMENDATIONS.  SUCH  REPORT  SHALL  BE  SUBMITTED  NO LATER THAN
 SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-SIX.
   5. REGULATIONS. THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS  AND
 COMMUNITY  SUPERVISION  SHALL ISSUE NEW REGULATIONS, POLICIES AND PROCE-
 DURES IN KEEPING WITH THE RECOMMENDATIONS OF THE  BOARD  TO  THE  EXTENT
 PRACTICABLE BY MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN.
   § 2. This act shall take effect immediately.