New York State Assembly

 
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A00779 Summary:

A00779 Actions:

A00779 Committee Votes:

Committee:GOVERNMENTAL EMPLOYEES   Chair:Pheffer Amato      
DATE:02/11/2025AYE/NAY:14/0  Action: Favorable         
Pheffer Amato
Aye
DeStefano
Aye
Colton
Aye
Reilly
Aye
Santabarbara
Aye
Giglio
Aye
Eichenstein
Aye
Tannousis
Aye
Fall
Aye
Burke
Aye
Griffin
Aye
Carroll
Aye
Romero
Aye
Yeger
Aye

A00779 Floor Votes:

A00779 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A779
 
SPONSOR: Pheffer Amato

 
TITLE OF BILL:
 
An act to amend the civil service law, in relation to the rights of
public employees related to suspension or demotion upon the abolition or
reduction of positions
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this legislation is to ensure section 80 of the civil
service law does not supersede collective bargaining agreements.
 
 
SUMMARY OF PROVISIONS:
 
Section 1: Amends § 80 of the Civil Service Law by adding a new
subsection 10 to prevent section 80 from superseding collective bargain-
ing agreements that provide layoff rightS that exceed what is authorized
in section 80.
 
Section 2: Provides that the act shall take effect immediately.
 
 
JUSTIFICATION:
 
Prior to Chapter 676 of the Laws of 2023, non-competitive and labor
class employees in local governments and school districts did not have
any layoff rights under the law. Due to this, some school districts and
municipalities had negotiated layoff procedures in collective bargaining
agreements with employee organizations to provide such rights. However,
the New York State Department of Civil Service has interpreted Chapter
676 of the Laws of 2023 as superseding these collective bargaining
agreements, even when the language exceeds what is required by section
80.  This legislation would ensure that section 80 is the floor for
layoff rights, not the ceiling, and would allow employers and unions to
negotiate layoff rights that exceed what is in law.
 
 
PRIOR LEGISLATIVE HISTORY:

New bill
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A00779 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           779
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Governmental Employees
 
        AN ACT to amend the civil service law, in  relation  to  the  rights  of
          public  employees related to suspension or demotion upon the abolition
          or reduction of positions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 80 of the civil service law is amended by adding a
     2  new subdivision 10 to read as follows:
     3    10. Effect of collective bargaining agreements. Nothing  contained  in
     4  this  section  shall  modify,  replace  or  supersede any provision of a
     5  collective bargaining agreement that provides for  greater  rights  than
     6  required by this section.
     7    § 2. This act shall take effect immediately.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00084-01-5

A00779 LFIN:

 
NO LFIN

A00779 Chamber Video/Transcript: