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tial compensation for services rendered, the rate of compensation otherwise payable in their respective positions. An incumbent holding a position subject to this act at any time during the period from April 1, 1992, until the time when basic annual salaries are first paid pursuant to this act for such services in excess of the compensation actually received therefor, shall be entitled to a lump sum payment for the difference between the salary to which such incumbent' is entitled for such services and the compensation actually received therefor. Such lump sum payment shall be made as soon as practicable,
§ 14. Use of appropriations. The comptroller is authorized to pay any amounts required during the fiscal year commencing April 1, 1992 by the foregoing provisions of this act for any state department or agency from any appropriation or other funds available to such state department or agency for personal service or for other related employee benefits during such fiscal year, To the extent that such appropriations are insufficient to accomplish the purposes herein set forth, the director of the budget is authorized to allocate to the various departments and
agencies, from any appropriations available, the amounts necessary to pay such amounts.
§ 15. The several amounts as hereinafter set forth, or so much thereof as may be necessary, are hereby appropriated from the fund so designated for use by any state department or agency for the fiscal year beginning April 1, 1992 to supplement appropriations from each respective fund available for personal service, other than personal service and fringe benefits, and to carry out the provisions of this act.
No money shall be available for expenditure from this appropriation until a certificate of approval has been issued by the director of the budget and a copy of such certificate or any amendment thereto has been filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.
All State Departments and Agencies
General Fund State Purposes Account
1,283,900 Overtime and holiday pay
676,200 General Fund - State Purposes Account
Other than Personal Service State's contribution to the social security contribution fund
3,419,500 Employee training and development
176, 300 Quality of work life
337, 100 Labor/management training
73,100 Employee assistance program
70,300 Legal defense fund
155,000 Management directed training
17,200 Contract administration
6,500 EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law Nonpersonal Service
Federal Operating Grants Fund - 290
Nonpersonal Service Fringe benefits
3,400 Federal Unemployment Insurance Administration Fund 480
Personal Service Personal service
29,600 Nonpersonal Service
267,600 State University Miscellaneous Special Revenue Fund 345
4,200 Nonpersonal Service Fringe benefits
1,500 § 16. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 1992.
REPEAL NOTE. -Paragraph b of subdivision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary schedules for state employees in the security services unit and security supervisors unit and is replaced by the revised salary schedules in new paragraph b.
AN ACT to amend the state finance law and the economic development law,
in relation to purchase of recycled products Became a law July 17, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the
a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 3 of section 177 of the state finance law, as amended by chapter 644 of the laws of 1991, are amended to read as follows:
1. All products purchased by the commissioner of general services or other state agencies shall be recycled products [made with significant recycled content], which meet the contract specifications, unless the product is only available without (such significant] recycled content, and provided [reasonable competition among manufacturers of the recycled EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law
products can be determined to exist and] that the cost of the recycled product does not exceed a cost premium of ten percent above the cost of à product made without recycled content or, if at least fifty percent of the secondary materials utilized in the manufacture of that product are generated from the waste stream in New York state, the cost of the recycled product does
not exceed a cost premium of fifteen percent [of] above the cost of a comparable product [made without significant recycled content]
is not a recycled product. For the purpose of this sections: 1 and until July first, nineteen hundred ninety-six, "recycled product shall
any product which has been manufactured from secondary materials, as defined in subdivision one of section two hundred sixty-one of the economic development law, and [which] meets secondary material content requirements adopted by the office of general services which shall
be consistent, to the extent practicable, with regulations promulgated pursuant to section 27-0717 of the
environmental conservation law or, if no such requirements have been adopted or no such product is available, meets the secondary material content requirements adopted by
any state agency with respect to a specific commodity procurement by such agency. After July first, nineteen hundred
ninety-six, "recycled product". shall
for the purposes of this section, any such product which has been manufactured from secondary materials, defined in subdivision of section two hundred sixty-one of the economic development law, and which meets the requirements of subdiyision two of Section 23-0717 of the environmental conservation law and regulations promulgated pursuant thereto.
3. Whenever the commissioner of general services or whenever other state agencies shall purchase or cause the purchase of printing on recycled paper, he or she shall require, to the extent feasible, the printed material to meet the requirements of subdivision two of section 27-0717 of the environmental conservation law and regulations promulgated pursuant thereto, and to include a printed statement or symbol which indicates that the document is printed on recycled paper. § 2. Paragraph р
of subdivision 5 of section 261 of the economic development law, as relettered by chapter 70 of the
laws of 1988,
is relettered paragraph q and
is added to read as follows:
collect and maintain information from manufacturers of recycled products, the office of general services and the department of environmental conservation
concerning any impact on recycling market development caused by the provisions of section one
hundred seventy-seven of the state finance law. On or before January first, nineteen hundred ninety-five, the department shall report to the
and the legislature
on any such impacts including any special needs or problems ident ified in connection with the implementation of those provisions. $
3. This act shall take effect on the sixtieth day after the date on which it shall have become a law.
AN ACT to amend the labor law, in relation to the membership of the
state employment relations board
Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 702 of the labor law, as amended by chapter 55 of the laws of 1992, are amended
1. There is hereby created in the department a board to be known as the "New York state employment relations board" which shall be composed of five members who shall be appointed by the governor with the advice and consent of the senate, [two] one of whom shall be appointed on recommendation of the temporary president of the senate [and two), one of whom shall be so appointed on recommendation of the speaker of the assembly[. The remaining member shall be the chair], and one of whom shall be so appointed on recommendation of the temporary president of the senate or the speaker of the assembly to alternate beginning with the first appointment subsequent to the effective date of the chapter of the laws of nineteen hundred ninety-two amending this subdivision being made by the temporary president of the senate. All subsequent alternate appointments shall be made only upon expiration of a three year term. No member appointed to a three year term shall hold over. No member of the board during his or her period of service as such shall hold any other public office. Members of the state [labor] employment relations board (and the state mediation board] serving (in unexpired terms] on the effective date of the chapter of the laws of nineteen hundred ninety-two amending this subdivision shall be continued as members of the board and shall be deemed appointed to the board as of the effective date of the chapter of the laws of nineteen hundred ninety-two amending this subdivision, and the member of the board who formerly served on the state mediation board shall be deemed to be the member appointed on recommendation of the speaker of the assembly. [Each of the five] Four members shall be appointed for a term of six years, [except that of the members first appointed or deemed appointed as the case may be, one shall be appointed" for a term to expire on March thirty-first, nineteen hundred ninety-two, two shall be appointed for a term to expire on March thirtyfirst, nineteen hundred ninety-three and two shall be appointed for a term to expire on March thirty-first, nineteen hundred ninety-five] and one member appointed on recommendation of either the temporary president of the Senate or the speaker of the assembly shall be appointed for a term of three years, commencing January first, nineteen hundred ninety-three, except that the members serving on the effective date of the chapter of the laws of nineteen hundred ninety-two amending this subdivision shall be deemed to occupy, terms which shall expire on December thirty-first, nineteen hundred ninety-eight. The governor shall designate one member to serve as chairperson of the board. A member chosen to fill a vacancy shall be appointed for the unexpired term of the member whom he or she is to succeed. [Appointments to the employment relations board shall be completed by May thirty-first, nineteen hundred ninety-two. Of the current employment relations board members, such members shall be considered to be the appointments of the governor and the assembly, with the term of the governor's
appointee expiring March thirty-first, nineteen hundred ninety-three and the terms of the assembly's appointees expiring March thirty-first, nineteen hundred ninety-two and March thirty-first, nineteen hundred ninety-three respectively. Of the three appointments to be made to fill two vacancies and one expired term, the senate shall recommend two appointees, one of whom shall have a term which will expire on March thirty-first, nineteen hundred ninety-three and the other whose term shall expire March thirtyfirst, nineteen hundred ninety-five and the assembly shall recommend one appointee whose term shall expire March thirty-first, nineteen hundred ninety-eight. ] Any member of the board may be removed by the governor for inefficiency, neglect of duty, misconduct or malfeasance in office, and for no other cause, after being given a copy of the charges and opportunity to be publicly heard in person or by counsel.
2. A vacancy in the board shall not impair the right of the remaining members to exercise all the powers of the board, and
three members the board shall, at all times, constitute a quorum. The board may adopt an official seal and prescribe the purposes for which it shall be used. A vote of the chairperson and at least two members is reqạired for the board to conduct its business, however, a vote of four members of the board shall be required to override'a vote of the chairperson, except that when the board sits to exercise its powers pursuant to sections seven hundred five and
hundred six of this article, decisions shall be made by a majority vote of the members.
$ 2. This act shall take effect immediately.