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S8238Senate2017-2018 Session

Limit Bargaining Implementation Laws

Official title

“Relates to legislation implementing collective bargaining agreements”

Sponsor Martin J. GoldenSD-22Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill requires that legislation implementing collective bargaining agreements only include provisions necessary to implement those agreements.

Why it matters

  1. Limits “riders” and unrelated policies. By restricting collective bargaining implementation bills to only what’s necessary for the agreement, this aims to prevent lawmakers from attaching unrelated or controversial provisions (“riders”) to these bills, which could otherwise be used to pass measures without proper debate.

  2. Increases legislative transparency. The bill encourages clearer, more straightforward legislation by ensuring that bills meant to implement labor agreements can’t be used as vehicles for hidden or unrelated policy changes.

  3. May affect negotiation strategies. Knowing that only directly related provisions can be enacted may change how both state negotiators and unions approach bargaining, potentially leading to more focused agreements and less “log-rolling” in the legislative process.

  4. Could limit legislative flexibility. Lawmakers may lose the ability to address related but not strictly necessary issues simultaneously with collective bargaining agreements, possibly requiring more separate legislation and votes.

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Who cares

Headline styles

Limit Bargaining Implementation Laws

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Referred to investigations and government operations

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8238

IN SENATE

April 20, 2018

Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations

AN ACT to amend the legislative law, in relation to legislation implementing collective bargaining agreements

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The legislative law is amended by adding a new section 49 to read as follows:

§ 49. Legislation implementing collective bargaining agreements. Legislation which enacts or amends any provision of law for the purpose of implementing an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law shall be limited to the provisions necessary to implement such agreement.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD15515-01-8

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the legislative law, in relation to legislation implementing collective bargaining agreements

Purpose

To provide that any bill introduced to implement the terms of a collec- tive bargaining agreement shall be limited to provisions necessary for the implementation of the collective bargaining agreement.

Summary of provisions

Section 1 of the bill amends the Legislative law by adding a new section 49 to provide that legislation that is introduced to implement certain terms and conditions of a collective bargaining agreement entered into pursuant to the Taylor Law shall be limited to those provisions neces- sary to implement such collective bargaining agreement.

Section 2 of the bill provides that this act shall take effect imme- diately.

Justification

The title of Chapter 491 of the Laws of 2011 stated that the legislation was amending the Civil Service Law and providing appropriations for the implementation of "compensation and other terms and conditions of employment for certain state officers and employees" and "to implement agreements between the state and an employee organization." Nowhere in the title does it state that the procedure by which State and retiree health insurance rates would be set was being amended.

Prior to the enactment of Chapter 491, the power to establish the NYSHIP rates was vested with the Legislature. In section 2 of Chapter 491, the power to establish and change the NYSHIP rates was given to the Commis- sioner of the Civil Service Commission, with the approval of the Direc- tor of the Division of the Budget. Section two created the illusion that it was part of the collectively bargained agreement being implemented by chapter 491. This was not the case. The amendment to Civil Service Law section 167 was not part of the collectively bargained agreement that was being implemented by Chapter 491. Thus, it should have been enacted in a separate piece of legislation.

This legislation will prevent what happened in Chapter 491 from occur- ring again.

Legislative history

New bill.

Fiscal implications

To be determined

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.