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| 2005
Legislative Update Bills of Interest that have passed both houses of the Legislature update: Jan. 2, 2006 The 2005 Legislative session ended Friday, June 24. Here is a list of NYSUT's program bills and other bills of interest.
LABOR
Vetoed by the Governor Amends the Taylor Law to provide, if no agreement is reached within 180 days of the expiration of a contract, an automatic declaration of impasse for which immediate proceedings will begin. Additionally, PERB is given the authority to levy escalating fines on either party trying to delay the process to ensure that both sides take negotiations seriously. (Applies only to NYC)
Vetoed by the Governor This legislation amends section 75 of the Civil Service Law, to provide that a person represented by a certified or recognized collective bargaining organization is entitled to a hearing conducted by an independent hearing officer to be agreed to by the employer and the person against whom disciplinary action is proposed.
Vetoed by the Governor Provides formal mechanisms for establishing a public workplace violence prevention program (excludes school district employer covered by SAVE).
Signed into law Simplifies the defining language of chapter 204 of the laws of 1996 and to clarify that the protection against genetic discrimination in employment applies only to predisposing genetic characteristics i.e., those genetic variations, based on genetic tests or inferred from personal information, which are known to be associated with significantly increased risk of a future physical or mental disease or disability. The bill extends the anti-discrimination provisions of chapter 204 to cover not only predispositions known from genetic tests but also speculations about predispositions based on personal or family information.
Signed into law Extends the expedited method to resolve improper labor practice issues for two years.
Signed into law Extends the agency fee provisions for public employee unions under the Taylor Law for two years.
Vetoed by the Governor Permitting employers and employees of a residential facility for individuals with disabilities to enter into labor agreements which confer jurisdiction of the New York State employment relations board and include card check and no strike and lockout provisions.
Vetoed by the Governor Improves worker safety by ensuring that specifications and contracts for public work contain provisions requiring workers to complete the Occupational Safety & Health Administration's (OSHA) 10 hour safety course.
Signed into law Relates to the duty of an employer upon failure of certain persons to present an employment certificate and in relation to instituting criminal penalties for a violation of the minor employment provisions.
Signed into law Extends provisions of the assisted outpatient treatment (AOT) for an additional five years. Adds psychologists to the list of those who may petition the court on behalf of their patients to participate in AOT. HEALTH CARE
Signed into law Protects the "title" of registered professional school nurse. This legislation clarifies current law by limiting the use of the title "school nurse" in school settings to registered professional nurses who are legally authorized to practice nursing under Article 139 of the Nurse Practice Act.
Signed into law Require hospitals to report to the Dept. of Health their hospital-acquired infection rates, and make the information available to the public.
Signed into law Establishes a Toxic Mold Task Force to comprehensively assess the issue of toxic mold and the danger to people that toxic mold presents within buildings and structures.
Signed into law Requires pharmacies to provide an updated drug retail list electronically to the Department of Health each week. The department will make the drug retail list available on its website. Signs will be posted in pharmacies notifying the people of the price list and the address of the website where the list is posted. The website will be searchable by zip code and other factors.
Signed into law Establishes two-year demonstration program to research the effect of safe patient handling programs in health care facilities across New York State.
Signed into law Allows the use of school buildings as the site of school health or mental health clinics that will serve resident students, even where such clinic is not established pursuant to Chapter 198 of the Laws of 1978, as amended.
Signed into law Allows the Department of Health to authorize the use of one or more alternative forms for issuing a non-hospital order not to resuscitate as part of one or more demonstration programs in Monroe or Onondaga counties. K-12 LEGISLATION
Vetoed by the Governor Clarifies that 3014-a & -b employment protections apply to teachers and other specified personnel when either a school district or a BOCES takes over a program previously operated by the other. 3014-a & -b protections now apply to social workers, guidance counselors, school psychologists, physical and occupational therapists, school nurses and others.
Signed into law New York 's higher special education standards were successfully preserved. The enacted legislation DOES NOT exclude teacher and other education personnel from IEP meetings and current membership requirements for CSE committees were retained.
Signed into law Requires new school board members to undertake six hours of instruction on the financial oversight, accountability and fiduciary responsibilities of a school board member.
Signed into law Authorizes a court to impose a civil penalty for restitution when a school district official is found guilty of larceny from the school district; and requires that officials of school districts disclose certain financial interests that they or their spouse may have, in order for the public to be aware of any potential conflicts of interest by school district officials responsible for financial transactions, lease agreements and purchasing contracts.
Signed into law Requires the correct use of an AED machine be taught in health class at senior high schools.
Signed into law Requires the Comptroller to inspect and examine SD, BOCES and Charter School accounts and report findings to the Legislature.
Vetoed by the Governor Authorizes Commissioner of Labor to promulgate rules and regulations establishing air temperature standards and cooling requirements for school cafeteria kitchens. RETIREMENT LEGISLATION
Signed into law Ensures that the New York state teachers' retirement system is in compliance with the requirements of the federal Older Workers' Benefit Protection Act as it relates to death and disability benefits.
Signed into law Allows certain employer contributions to a defined contribution plan to be included in the five-year final average salary calculation of members of the New York State Teachers' Retirement System with a date of membership prior to June 17, 1971.
Signed into law Requires that all bills, affecting teacher retirement, be deemed in full force and effect on June 30 th in the year enacted. (Prospective only)
Signed into law Authorizes all New York State public retirement plans the ability to establish a program that would allow members the option of authenticating and filing the appropriate retirement system documents electronically. Such a system would expedite processing of member claims for prior and military service credits, tier reinstatement, filing for retirement and other benefit adjustments.
Vetoed by the Governor Allows members to purchase prior and military service credit on a pre-tax basis for federal income tax purposes.
Vetoed by the Governor Provides that all NYS and NYC TRS members are eligible for retirement upon the completion of 35 years of service; regardless of their age and with unreduced benefits. Currently, this option is only available to Tier I members.
Vetoed by the Governor Allows members in the NYSTRS, who were members in the NYCTRS and laid off by the City on or after 1975, the ability to purchase credit for up to two years of such layoff period; and reopens Chapter 479 of the Laws of 2001 to enable any member of the NYCTRS who failed to make timely application, the ability to file for such credit at this time.
Signed Into Law S.1711(Farley) Extends, until May 15, 2006, the provisions of chapter 729 of 1994, which prohibit reductions in a school district retiree's health insurance benefits and contributions, unless the reduction is equally applied to active employees.
Vetoed by the Governor Expands NYSUT's Health Insurance Moratorium Law to cover all other public employees in order to prohibit employers from making unilateral reductions in the health insurance benefits of their retirees.
Vetoed by the Governor Increases the maximum percentage of assets that public pension plans may invest in certain vehicles from 15% to 25%.
Signed into law This legislation provides retirement service credit without contributions to public employees who were called to military service on or after September 11, 2001 and prior to January 1, 2005.
Signed into law Extends for an additional year the loan repayment waiver for members called to active duty on and after Sept. 11th .
Signed into law Provides death benefits and health insurance coverage to eligible survivors of public employees ho die while on active duty, other than for training purposes, in any branch of the armed forces of the United States. UFT RETIREMENT LEGISLATION
Vetoed by the Governor Allows certain NYC paraprofessionals who were wrongly denied access to a retirement plan to apply for and receive retroactive membership in a public retirement system.
Signed Into Law Increases the amount members can invest in certain instruments.
Signed Into Law Authorizes certain school nurses to retroactively transfer from CERS to BERS in order to correct certain benefit reductions (loss of 12 for 10 service credit benefit). This problem was caused by their employer who furnished erroneous information that the two plans provided identical benefits.
Signed Into Law S.5672 (Rules) Extends the actuarial investment rate assumption of 8.25% for NYC public pension plans from June 30, 2005 to June 30, 2006. HEALTH & SAFETY
Signed into law Requires new school buses used to transport students who use wheelchairs or other assistive mobility devices to be equipped with automatic fire suppression systems.
Signed into law Requires that all elementary and secondary schools procure and use environmentally sensitive ("green") cleaning and maintenance products and to maintain a list of contractors who provide such services and products. OTHER
Vetoed by the Governor Requires AED machines at facilities able to hold 1,000 or more persons and requires at least on person trained in operation and use. |
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