- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S05890 Summary:
BILL NO | S05890A |
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SAME AS | SAME AS A07819-A |
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SPONSOR | GOUNARDES |
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COSPNSR | BIAGGI, JACKSON, KAPLAN, LIU, MAYER, METZGER, SKOUFIS |
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MLTSPNSR | |
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Amd §92-d, Gen Muni L; amd §6, Civ Serv L; amd §2, Chap 273 of 2017; add §12-140, NYC Ad Cd | |
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Relates to sick leave for officers and employees with a qualifying World Trade Center condition. |
S05890 Actions:
BILL NO | S05890A | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/16/2019 | REFERRED TO LOCAL GOVERNMENT | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2019 | AMEND AND RECOMMIT TO LOCAL GOVERNMENT | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2019 | PRINT NUMBER 5890A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2019 | COMMITTEE DISCHARGED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2019 | ORDERED TO THIRD READING CAL.1351 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2019 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2019 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | substituted for a7819a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | ordered to third reading rules cal.693 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
09/11/2019 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
09/11/2019 | SIGNED CHAP.251 | |||||||||||||||||||||||||||||||||||||||||||||||||
09/11/2019 | APPROVAL MEMO.5 |
S05890 Committee Votes:
Go to topS05890 Floor Votes:
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
ER
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
ER
Raynor
Yes
Stirpe
ER
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
ER
Dilan
Yes
Hunter
ER
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
ER
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
ER
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
ER
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
ER
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
ER
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
ER
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
ER
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S05890 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 5890--A 2019-2020 Regular Sessions IN SENATE May 16, 2019 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law and the administrative code of the city of New York, in relation to sick leave for officers and employees with a qualifying World Trade Center condition; to amend the civil service law, in relation to the review of certain claims; and to amend chapter 273 of the laws of 2017 amending the general municipal law relating to granting sick leave for officers and employees with a qualifying World Trade Center condition, in relation to the reimburse- ment of any public authority or municipal corporation in a city with a population of less than one million people for the cost of certain line of duty sick leave The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 92-d of the general municipal law, as added by 2 chapter 273 of the laws of 2017, is amended to read as follows: 3 § 92-d. Sick leave for officers and employees with a qualifying World 4 Trade Center condition. 1.(a) Notwithstanding any other law, rule or 5 regulation to the contrary, officers and employees of the state, a 6 public authority or any municipal corporation outside of a city with a 7 population of one million or more who [filed a] have filed and received 8 approval for such filed notice of participation in World Trade Center 9 rescue, recovery or cleanup operations and subsequently develop a quali- 10 fying World Trade Center condition, as defined in section two of the 11 retirement and social security law,[while employed by the state, a12public authority or such municipal corporation or public authority] 13 shall, after the receipt of a written request for line of duty sick 14 leave, be granted line of duty sick leave commencing on the date that 15 such employee was diagnosed with a qualifying World Trade Center condi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03751-03-9S. 5890--A 2 1 tion regardless of whether such officer or employee was employed by his 2 or her current employer at the time that such officer or employee 3 participated in World Trade Center rescue, recovery or cleanup oper- 4 ations. The officer or employee shall be compensated at his or her 5 regular rate of pay for those regular work hours during which the offi- 6 cer or employee is absent from work due to his or her qualifying World 7 Trade Center condition. Such leave shall be provided without loss of an 8 officer or employee's accrued sick leave. 9 (b) A public employer shall not take any adverse personnel action 10 against a public employee regarding the employee's employment because 11 either (i) the employee utilizes, or requests to utilize, sick leave or 12 any other available leave due to a qualifying World Trade Center condi- 13 tion, as such term is defined in section two of the retirement and 14 social security law, or (ii) the employee utilizes or requests to 15 utilize line of duty sick leave provided by this section. 16 (c) For purposes of this section, an "adverse personnel action" means 17 any discipline, including issuing a notice of discipline, discharge, 18 suspension, demotion, penalization, or discrimination against an employ- 19 ee utilizing line of duty sick leave pursuant to paragraph (a) of this 20 subdivision. 21 Nothing in this section shall limit an employer's power pursuant to 22 any other provision of law to discipline an officer or employee by 23 termination, reduction of salary, or any other appropriate measure; to 24 terminate an appointee who has not completed his or her probationary 25 term; and to apply for ordinary or accident disability retirement for an 26 officer or employee. 27 § 2. Section 92-d of the general municipal law is amended by adding 28 seven new subdivisions 2, 3, 4, 5, 6, 7 and 8 to read as follows: 29 2.(a) Notwithstanding any other law, rule or regulation to the contra- 30 ry, officers and employees of a city with a population of one million or 31 more who (i) do not receive benefits similar to those provided by this 32 section pursuant to a collectively bargained agreement, section 14-122.1 33 of the administrative code of the city of New York, section 15-108.1 of 34 the administrative code of the city of New York, or other statutory 35 provision and (ii) have filed and received approval for such filed 36 notice of participation in World Trade Center rescue, recovery or clean- 37 up operations and subsequently develop a qualifying World Trade Center 38 condition, as defined in section two of the retirement and social secu- 39 rity law, shall, after receipt of a written request for line of duty 40 sick leave, be granted line of duty sick leave commencing on the date 41 that such employee was diagnosed with a qualifying World Trade Center 42 condition regardless of whether such officer or employee was employed by 43 his or her current employer at the time that such officer or employee 44 participated in World Trade Center rescue, recovery or cleanup oper- 45 ations. The officer or employee shall be compensated at his or her regu- 46 lar rate of pay for those regular work hours during which the officer or 47 employee is absent from work due to his or her qualifying World Trade 48 Center condition. Such leave shall be provided without loss of an offi- 49 cer or employee's accrued sick leave. 50 (b) A public employer shall not take any adverse personnel action 51 against a public employee regarding the employee's employment because 52 either (i) the employee utilizes, or requests to utilize, sick leave or 53 any other available leave due to a qualifying World Trade Center condi- 54 tion, as such term is defined in section two of the retirement and 55 social security law, or (ii) the employee utilizes or requests to 56 utilize line of duty sick leave provided by this section.S. 5890--A 3 1 (c) For purposes of this section, an "adverse personnel action" means 2 any discipline, including issuing a notice of discipline, discharge, 3 suspension, demotion, penalization, or discrimination against an employ- 4 ee utilizing line of duty sick leave pursuant to subdivision one of this 5 section. 6 Nothing in this section shall limit an employer's power pursuant to 7 another provision of law to discipline an officer or employee by termi- 8 nation, reduction of salary, or any other appropriate measure; to termi- 9 nate an appointee who has not completed his or her probationary term; 10 and to apply for ordinary or accident disability retirement for an offi- 11 cer or employee. 12 3. For purposes of this section, "cost" shall mean the number of days 13 of sick leave that must be restored to an officer or employee pursuant 14 to subdivision one or two of this section multiplied by such officer or 15 employee's wage rate at the time that such sick leave for which 16 reimbursement is being sought was taken. 17 4. A request, for line of duty sick leave shall be in writing and 18 include a waiver of the protection afforded to the officer or employee 19 pursuant to the health insurance portability and accountability act to 20 allow disclosure of the officer or employee's approved notice of partic- 21 ipation and any medical records concerning such officer or employee's 22 notice of participation or qualifying World Trade Center condition in 23 the possession of the retirement system in which such officer or employ- 24 ee is a member for the purpose of reviewing, processing and auditing his 25 or her claim for line of duty sick leave. Such waiver shall be in the 26 form required by the retirement system of which he or she is a member, 27 along with the application for line of duty sick leave, with his or her 28 employer. 29 5. Notwithstanding any provision of law to the contrary, upon request 30 from the state, public authority or municipal corporation other than a 31 city with a population of one million or more for a copy of an approved 32 notice of participation in World Trade Center rescue, recovery or clean- 33 up operations for an officer or employee, the retirement system in which 34 such officer or employee is a member and to which such officer or 35 employee filed his or her notice of participation in World Trade Center 36 rescue, recovery or cleanup operations in accordance with paragraph (a) 37 of subdivision thirty-six of section two of the retirement and social 38 security law, such retirement system shall provide a verified copy of 39 such approved notice of participation that includes the date that such 40 notice was filed to such requestor. A copy of such verified notice of 41 participation shall be filed with any claim for reimbursement submitted 42 to the civil service commission pursuant to subdivision four of this 43 section. Except as required for filing, review, and audit purposes, such 44 verified notice of participation and all copies of such verified notice 45 shall be confidential and not subject to disclosure pursuant to article 46 six of the public officers law. 47 6. A public authority or municipal corporation other than a city with 48 a population of one million or more shall submit any claim for 49 reimbursement under this section to the civil service commission. In 50 accordance with subdivision one-a of section six of the civil service 51 law, the civil service commission shall review each claim to determine 52 if such claim shall be approved, reduced, amended or rejected and shall 53 notify the submitting public authority or municipal corporation, within 54 sixty days of receipt of such claim, as to its determination. Such 55 public authority or municipal corporation shall notify the civil service 56 commission within thirty days after receipt of the civil service commis-S. 5890--A 4 1 sion's notification, as to its acceptance or rejection of such determi- 2 nation. Failure to so notify the civil service commission shall consti- 3 tute an acceptance of the determination. If accepted by such public 4 authority or municipal corporation, such acceptance shall constitute the 5 final and conclusive determination for such claim. If rejected by such 6 public authority or municipal corporation, such public authority or 7 municipal corporation shall resubmit its claim, within thirty days after 8 receipt of the civil service commission's notification, together with 9 its reasons for objection and any additional documentation which may 10 justify its claim. Upon receipt of a resubmitted claim, the civil 11 service commission shall review such claim and within sixty days of 12 receipt of such resubmitted claim, make a final determination as to the 13 amount to be approved for such claim. If such public authority or munic- 14 ipal corporation shall dispute such final determination it may commence 15 an action, within sixty days of such final determination, in the court 16 of claims which shall have jurisdiction to adjudicate the claim and 17 enter judgment, which judgment shall be a final determination for 18 purposes of this section and shall be payable in accordance with the 19 provisions of this section. 20 7. The civil service commission shall certify all claims for which a 21 final determination has been made. The civil service commission shall 22 submit all certified claims to the comptroller of the department of 23 audit and control on or before the first day of the immediately succeed- 24 ing month during which such claim was certified. 25 8. All claims certified by the civil service commission shall be paid 26 monthly and shall be paid upon a warrant from the comptroller. 27 § 3. Section 6 of the civil service law is amended by adding a new 28 subdivision 1-a to read as follows: 29 1-a. Have the power to review claims for reimbursement submitted by 30 public authorities or municipal corporations other than a city with a 31 population of a million or more pursuant to section ninety-two-d of the 32 general municipal law to determine if such claim shall be approved, 33 reduced, amended or rejected. Such review and determination shall be 34 made in accordance with section ninety-two-d of the general municipal 35 law. 36 § 4. Section 2 of chapter 273 of the laws of 2017, amending the gener- 37 al municipal law relating to granting sick leave for officers and 38 employees with a qualifying World Trade Center condition, is amended to 39 read as follows: 40 § 2. The state shall reimburse any public authority or municipal 41 corporation [of less than one million] other than a city with a popu- 42 lation of one million or more people for the cost of any line duty sick 43 leave granted pursuant to this act. Such reimbursement shall be made in 44 accordance with the provisions of section 92-d of the general municipal 45 law. 46 § 5. The administrative code of the city of New York is amended by 47 adding a new section 12-140 to read as follows: 48 § 12-140 Line of duty sick leave for World Trade Center rescue, recov- 49 ery or cleanup operations. (a) Notwithstanding any other law, rule or 50 regulation to the contrary, officers and employees of a city with a 51 population of one million or more who (i) do not receive benefits simi- 52 lar to those provided by this section pursuant to a collectively 53 bargained agreement, section 14-122.1 of this code, section 15-108.1 of 54 this code, or other statutory provision and (ii) filed and received 55 approval for such filed notice of participation in World Trade Center 56 rescue, recovery or cleanup operations and subsequently develop a quali-S. 5890--A 5 1 fying World Trade Center condition, as defined in section two of the 2 retirement and social security law, shall, after receipt of a written 3 request for line of duty sick leave, be granted line of duty sick leave 4 commencing on the date that such employee was diagnosed with a qualify- 5 ing World Trade Center condition regardless of whether such officer or 6 employee was employed by his or her current employer at the time that 7 such officer or employee participated in World Trade Center rescue, 8 recovery or cleanup operations. The officer or employee shall be compen- 9 sated at his or her regular rate of pay for those regular work hours 10 during which the officer or employee is absent from work. Such leave 11 shall be provided without loss of an officer or employee's accrued sick 12 leave. 13 (b) A public employer shall not take any adverse personnel action 14 against a public employee regarding the employee's employment because 15 either (i) the employee utilizes, or requests to utilize, sick leave or 16 any other available leave due to a qualifying World Trade Center condi- 17 tion, as such term is defined in section two of the retirement and 18 social security law, or (ii) the employee utilizes or requests to 19 utilize line of duty sick leave provided by this section. 20 (c) For purposes of this section, an "adverse personnel action" means 21 any discipline, including issuing a notice of discipline, discharge, 22 suspension, demotion, penalization, or discrimination against an employ- 23 ee utilizing line of duty sick leave pursuant to subdivision (a) of this 24 section. Nothing in this section shall limit an employer's power pursu- 25 ant to another provision of law to discipline an officer or employee by 26 termination, reduction of salary, or any other appropriate measure; to 27 terminate an appointee who has not completed his or her probationary 28 term; and to apply for ordinary or accident disability retirement for an 29 officer or employee. 30 § 6. The commissioner of the department of civil service, in consulta- 31 tion with the state comptroller and the commissioner of the department 32 of taxation and finance, shall promulgate rules and regulations to 33 assist with the implementation of section 92-d of the general municipal 34 law. Such rules and regulations shall be issued no later than 90 days 35 after this act shall have become a law. Notwithstanding any other 36 provisions to the contrary in the state administrative procedure act, 37 such rules and regulations may be adopted on an emergency basis if 38 necessary to meet such 90-day deadline. 39 § 7. The commissioner of the department of taxation and finance, in 40 consultation with the state comptroller, shall issue guidance regarding 41 the tax treatment to officers and employees who have received restored 42 sick leave no later than sixty days after this act shall have become a 43 law. 44 § 8. This act shall take effect immediately; provided that section one 45 of this act shall be deemed to have been in full force and effect on the 46 same date as chapter 273 of the laws of 2017; and provided further that 47 this act shall apply to all claims for reimbursement filed pursuant to 48 section 92-d of the general municipal law, as amended by this act; and 49 provided further, that any officer or employee who is currently employed 50 by a city with a population of one million or more who has been diag- 51 nosed with a qualifying World Trade Center condition and is using sick 52 leave due to such condition shall receive a restoration of such sick 53 leave retroactive to the date such officer or employee was diagnosed 54 with a qualifying World Trade Center condition.