New York S 3349: Relates to voiding and rendering unenforceable contract provisions limiting certain speech by contractees

Bill Text

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S03349 Summary:

BILL NOS03349 

&nbsp

SAME ASSAME AS A01513

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §137, Civ Serv L

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Relates to safe staffing for public employees of institutional settings by setting maximum overtime levels.

Go to top S03349 Actions:

BILL NOS03349 

&nbsp

01/27/2025REFERRED TO CIVIL SERVICE AND PENSIONS

01/07/2026REFERRED TO CIVIL SERVICE AND PENSIONS

Go to topS03349 Committee&nbspVotes:

Go to topS03349 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03349 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3349

 2025-2026 Regular Sessions

 IN SENATE

 January 27, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Civil Service and
 Pensions

 AN ACT to amend the civil service law, in relation to safe staffing for
 public employees of institutional settings

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

 1 Section 1. Legislative intent. It is in the interest and the responsi-
 2 bility of the state and local governments to provide for a safe, stable
 3 and humane environment for residents and staff of the custodial facili-
 4 ties within the state of New York. The maintenance of order, security,
 5 safety and care for all in custodial facilities currently falls upon a
 6 workforce stretched beyond its limits. Recruitment and retention of
 7 staff is at a crisis at all levels and in all facilities within the
 8 state. Double and triple shifts are the norm, creating unsafe conditions
 9 for residents and staff. Therefore, it is in the interest of the state
 10 to set maximum overtime levels to ensure staff safety and a humane envi-
 11 ronment for residents of custodial facilities.
 12 § 2. The civil service law is amended by adding a new section 137 to
 13 read as follows:
 14 § 137. Safe staffing for public employees of institutional settings.
 15 1. This section shall apply to and cover the following facilities:
 16 (a) Correctional facilities, as defined by subdivision four of section
 17 two of the correction law.
 18 (b) Local correctional facilities, as defined by subdivision sixteen
 19 of section two of the correction law.
 20 (c) Facilities regulated by the office of mental health pursuant to
 21 section 7.17 of the mental hygiene law.
 22 (d) Juvenile offender and adolescent offender facilities pursuant to
 23 section five hundred eight of the executive law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03568-01-5

 S. 3349 2

 1 (e) Facilities regulated by the office for people with developmental
 2 disabilities pursuant to title fourteen of the New York codes, rules and
 3 regulations.
 4 2. (a) Except during a declared state of emergency, defined as the
 5 event of riots, prison breaks or other similar emergencies, or with
 6 twenty-four hour notice to the head of the facility's collective
 7 bargaining unit, a facility shall not mandate or otherwise require,
 8 directly or indirectly, an employee to work or be on duty in excess of
 9 any one of the following:
 10 (i) The scheduled work shift or duty period;
 11 (ii) Seventeen hours in a twenty-four hour period, including time for
 12 meal breaks; or
 13 (iii) Eighty hours in a consecutive fourteen-day period.
 14 (b) For purposes of this subdivision, "mandate" means any request
 15 which, if refused or declined by the employee, may result in discharge,
 16 discipline, loss of promotion, or other adverse employment consequence.
 17 Nothing in this section is intended to prohibit an employee from volun-
 18 tarily working overtime.
 19 (c) Except during a declared state of emergency, as defined in para-
 20 graph (a) of this subdivision:
 21 (i) No employee shall work or be on duty more than seventeen hours in
 22 any twenty-four hour period.
 23 (ii) Any employee working seventeen hours in any twenty-four hour
 24 period must have at least eight consecutive hours off duty before being
 25 required to return to duty.
 26 (iii) No employee shall be required to work or be on duty more than
 27 seven consecutive days without at