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in all respects be governed by the provisions of this chapter. For the purposes of article fifteen-A of the executive law only,

the authority 'shall be deemed a state agency as that term is used in such article, and its contracts for design, construction, services and materials shall be deemed state contracts within the meaning of that term as set forth in such article.

§ 2. This act shall take effect immediately.

CHAPTER 496

means

AN ACT

to

amend the executive law, in relation to exempting temporary greenhouses from the State Uniform Fire Prevention and Building Code Act Became a law July 17, 1992, with the approval of the Governor.

Passed by 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. Subdivision 3 of section 372 of the executive law, as added by chapter 707 of the laws of 1981, is amended to read as follows: 3. "Building"

a combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. The word "building" shall be construed when used herein as though followed by the words "or part or parts thereof" unless the context clearly requires different

meaning. The term "building" shall also

"factory manufactured home" and mobile home". The term "building" shall not include a "temporary greenhouse".

§ 2. Subdivision 19 of section 372 of the executive law is renumbered subdivision 20 and a new subdivision 19 is added to read as follows: 19. "Temporary greenhouse"

specialized agricultural equipment having a framework covered with denountable polyurethane materials or materials of polyurethane nature and lacking a permanent and continuous foundation, which is specifically designed, constructed and used for the culture and propagation of horticultural commodities. A "temporary greenhouse" may include, but is not limited to, the

of heating devices, water and electrical utilities, and supporting poles embedded in non-continuous concrete. In no instance will a temporary greenhouse be used for the retail sale of any farm or non-farm product's.

§ 3. This act shall take effect immediately.

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CHAPTER 497

(See REPEAL NOTE at end of Chapter.) AN ACT to amend the civil service law and the correction law, in relation to compensation and benefits of certain state officers and

employees excluded from collective negotiating units; to amend chapter 732 of the laws of 1988 amending the civil service law and other laws relating to compensation and benefits of certain state officers and employees, in relation to the effectiveness of certain provisions of such chapter; and to repeal certain provisions of the civil service law and the correction law relating thereto; and making an a appropria

tion for the purpose of effectuating certain of the provisions hereof 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 Constitution by 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. Subdivision 1 of section 100 of the civil service law is amended by adding a new paragraph (e) to read as follows:

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(e) Nothing contained in this section shall be construed to prevent the payment of a money remedy, which shall be for

longer than forty-five days prior to the filing of a grievance, pursụant to executive order forty-two, dated October fourteenth, nineteen hundred seventy, and title nine, part five hundred sixty, official compilation of codes, rules and regulations of the state of New York in resolution of the assignment of employees to duties substantially different from those appropriate to the title to which the employees are certified. The issuance of such a money remedy shall also contain a cease and desist order from continuation of the assignment of such substantially different duties to the employee involved.

§ 2. Paragraph d of subdivision 1 of section 130 of the civil service
law is repealed and a new paragraph d is added to read as follows:

d. Salary grades for positions in the competitive, noncompetitive and
labor classes of the classified service of the state of New York desig-
nated managerial confidential pursuant to article fourteen of this
chapter, civilian state employees of the division of military and naval
affairs of the executive department whose positions are not in, or are
excluded from representation rights in, any recognized certified
negotiating unit, and those excluded from representation rights under
article fourteen of this chapter pursuant to rules or regulations of the
public employment relations board shall be as follows on the effective
dates indicated:
(1) Effective April first, nineteen hundred ninety-three:
Grade
Hiring Rate

Job Rate
M/C 3
$14,714

$18,971
M/C 4
$15,388

$19,858
M/C 5
$16,348

$20,851
MIC 6
$17,065

$21,949
M/C 7
$18,084

$23, 169
M/C 8
$19,107

$ 24, 392
M/C9
$20, 231

$25,721
M/C 10
$21,353

$27,179
M/C 11
$22,681

$28,721
M/C 12
$23,908

$30, 257
M/C 13
$ 25,334

$31,970
M/C 14
$ 26,873

$33,760
M/C 15
$28.400

$35,614
M/C 16
$30,036

$37, 544
M/C 17
$31.771

$39,647
M/C 18
$31, 943

$39,777
M/C 19
$33,686

$41,876
M/C 20
$35,434

$44,004
M/C 21
$37,376

$46,306
M/C 22
$39,414

$48,771
M/C_23
$41, 464

$51,950
M 1
$44,803

$56,782
M 2
$49,748

$63,038
M 3
$55,278

$70,007
M 4
$61,202

$77,385
M 5
$68,017

$86,088
M 6
$75,372

$94,951
M 7
$83,138

$ 103, 105
M 8

$70,008+
(2) Effective April first, nineteen hundred ninety-four:
Grade
Hiring Rate

Job Rate
M/C 3
$15,303

$19,730
M/C 4
$16,004

$20,652
M/C 5
$17,002

$21,685
M/C 6
$17,748

$22,827
M/C7
$18,807

$24,096
M/C 8
$19,871

$ 25, 368
M/C 9
$21,040

$ 26, 750
M/C 10
$22, 207

$28, 266
M/C 11
$23,588

$29,870
M/C 12
$ 24,864

$31,467
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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M/C 13
$26,347

$33, 249
M/C 14
$27,948

$35,110
M/C15
$29,536

$37,039
M/C 16
$31,237

$39,046
M/C 17
$33,042

$41,233
M/C 18
$33,221

$41,368
M/C 19
$35,033

$43,551
M/C 20
$36,851

$45,764
M/C 21
$38,871

$48,158
M/C22
$40,991

$50,722
M/C 23
$43,123

$ 54,028
M 1
$46,595

$59,053
M 2
$51,738

$65,560
M 3
$57,489

$72,807
M 4
$63,650

$80,480
M 5
$70,738

$89,532
M 6
$78,387

$98,749
M 7
$86,464

$107, 229
M 8

$72,808+
(3) Effective October first, nineteen hundred ninety-four:
Grade
Hiring Rate

Job Rate
M/C 3
$15,486

$19,967
M/C 4
$16,196

$20,901
M/C 5
$17, 206

$21, 946
M/C6
$17,961

$23,101
M/C7
$19,033

$24,385
M/C8
$20,110

$25,673
M/C 9
$21, 293

$27,071
M/C 10
$22,474

$28,606
M/C 11
$ 23,872

$30, 229
M/C 12
$25,163

$31,845
M/C 13
$ 26,664

$33,648
M/C 14
$ 28, 284

$35,532
M/C 15
$29,891

$37, 484
M/C 16
$31,613

$39,515
M/C 17
$33,439

$41, 728
MIC 18
$33,620

$41,865
M/C 19
$35,455

$44,074
M/C 20
$37, 294

$46,314
M/C 21
$39, 338

$48, 737
M/C22
$41,483

$51,331
M/C 23
$43,641

$54,677
M 1
$47,155

$59,763
M 2
$52, 360

$66,347
M 3
$58,180

$73,682
M 4
$64,415

$81,448
M 5
$71,588

$90,608
M 6
$79,329

$99,936
M 7
$87,503

$108, 518
M 8

$73,683+ § 3. Subdivision 3 of section 154-c of the civil service law, amended by chapter 732 of the laws of 1988, is amended to read follows:

3. Notwithstanding, any law, rule or regulation to the contrary, the state shall provide the child or children of such employees for whom survivor's benefit is paid pursuant to subdivision one of this section, with full tuition up to the amount charged by the state university, to attend

any accredited college or university within this state provided, however, such child or children meet the entrance requirements of such college or university. Such child or children are those who are designated by the workers' compensation board to receive a death benefit pursuant to the workers' compensation law.

§ 4. Subdivision 1 of section 19 of the correction law is repealed and a new subdivision 1 is added to read as follows:

1. This section shall apply to each superintendent of a correctional facility appointed on or after August ninth, nineteen hundred seventyfive and any superintendent heretofore appointed who elects to be covered by the provisions thereof by filing such election with the commissioner.

as as

a

The salary schedule for superintendents of a correctional facility with an inmate population capacity of four hundred or more inmates shall be as follows:

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Effective April first, nineteen hundred ninety-three:
Hiring Rate

Job Rate
$71, 249

$97,441 Effective April first, nineteen hundred ninety-four: Hiring Rate

Job Rate $74,099

$101,339 Effective October first, nineteen hundred ninety-four: Hiring Rate

Job Rate $74,990

$102,557

b. The salary schedule for superintendents of correctional facilities with an inmate population capacity of fewer than four hundred inmates shall be as follows:

Effective April first, nineteen hundred ninety-three:
Hiring Rate

Job Rate
$55, 278

$70,007 Effective April first, nineteen hundred ninety-four: Hiring Rate

Job Rate $57,489

$72,807 Effective October first, nineteen hundred ninety-four: Hiring Rate

Job Rate $58, 180

$73,682

§ 5. Section 22 of chapter 732 of the laws of 1988, amending the civil service law and other laws relating to compensation and benefits of certain state officers and employees, as amended by chapter 793 of the laws of 1988, is amended to read as follows:

§ 22. This act shall take effect April [first, nineteen hundred eighty-eight] 1, 1988 and shall be deemed to have been' in full force and effect on and after such date, except (that the provisions of section five of this act shall expire and be of no further force and effect after April first, nineteen hundred ninety-one and except further] that the provisions of section ten-b of this act shall take effect on January (first, nineteen hundred eighty-nine] 1, 1989.

$ 6: Compensation for certain state officers and employees. 1. The provisions of this section shall apply to the following full-time state officers and employees:

(a) officers and employees whose positions are designated managerial or confidential pursuant to article 14 of the civil service law;

(b) civilian state employees of the division of military and naval affairs in the executive department whose positions are not in, or are excluded from representation rights in, any recognized or certified negotiating unit;

(C) officers and employees excluded from representation rights under article 14 of the civil service law pursuant to rules or regulations of the public employment relations board; and

(d) officers and employees whose salaries are prescribed by section 19 of the correction law.

2. For such officers and employees the following increases shall apply: (a) Effective April 1, 1993, the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by four percent adjusted to the nearest whole dollar amount. (b) Effective April 1, 1994, the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by four percent adjusted to the nearest whole dollar amount. (©) Effective October 1, 1994, the basic annual salary of officers and

are full-time employment status on September 30, 1994, shall be increased by a percentage which is that portion of one and one-quarter percent that, EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

non

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on

a

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or

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when applied to a standard base previously increased by four percent, results in a standard base increased by a total of five and one-quarter percent adjusted to the nearest whole dollar amount.

3. Officers and employees to whom the provisions of this section apply who, during the period beginning April 1, 1991 and ending March 31, 1992, completed one year of service in full-time employment status at á basić annual salary rate that was below the job rate of their salary grade whose performance during such year of service was rated at least needs improvement" or its equivalent, shall be entitled to a recurring lump sum payment in accordance with guidelines issued by the director of the budget. Such payment shall be in an amount equal to the additional salary, such officer or employee would have received as a performance advance beginning on the first day of the payroll period beginning, on or after July 1, 1991, prorated to April 1, 1992. Such payment shall be made as soon as practicable after enactment of this act

and shall be in addition to and shall not be a part of the employee's basic salary, provided, however, that any amounts payable pursuant to

this subdivision shall be included as compensation for retirement purposes. Notwithstanding the foregoing provisions of this subdivision, officers and employees who would have otherwise been eligible to receive such lump sum payment but who separate from service prior to such payment who

leave of absence when such payment occurs shall receive such lump sum payment,

4. If unencumbered position is one that, if encumbered, would be subject to the provisions of this section, the salary of such position shall be increased by the salary increase amounts specified in this section. If a position is created and is filled by the appointment of an officer employee who is subject to the provisions of this section, the salary otherwise provided for such position shall be increased in the same manner though such position had been in existence but unencumbered. Notwithstanding the provisions of this section, the director of the budget may reduce the salary of any such position that is or becomes vacant.

5. The increases in salary and lump, sum payments payable pursuant to this section shall apply on a prorated basis to officers and employees otherwise eligible to receive an increase in salary or any such lump sum payment pursuant to this act who are paid on an hourly per

diem basis, employees serving on a part-time or seasonal basis, and employees paid on any basis other than at an annual salary rate.

Notwithstanding any of the foregoing provisions of this section, the provisions of this section shall not apply to the following except as otherwise provided by law:

(a) officers or employees paid on a fee schedule basis;

(b) officers or employees whose salaries are prescribed by section 40, 60 or 169 of the executive law;

(c) officers or employees in collective negotiating units established pursuant to article 14 of the civil service law.

7. Officers and employees to whom the provisions of this section apply who are incumbents of positions that are not allocated to salary grades specified in paragraph d of subdivision 1 of section 130 of the civil service law and whose salary is not prescribed in

any other statute shall receive the salary increase specified in subdivision two of this section.

8. In order to provide for the officers and employees to whom this section applies who are not allocated to salary grades performance advancements, merit payments, performance awards and in lieu payments, and special achievement awards in proporţion to those provided to persons to whom this section applies who are allocated to salary grades, the director of the budget is authorized to add appropriate adjustments to the compensation that such officers and employees are otherwise entitled to receive. The director of the budget shall issue certificates that shall contain schedules of positions and the salaries or payments thereof for which adjustments or payments are made pursuant to the provisions of this subdivision, and copy of each such certificate shall be filed with the state comptroller, the department of civil service, chairman of the senate finance committee and the chairman of the assembly ways and means committee.

ģ. Notwithstanding the foregoing, provisions of this section, any increase in compensation provided by this section or as a result of a promotion, appointment, or advancement to a position in a higher salary grade may be withheld in whole or in part from any officer

employee when in the opinion of the director of the budget, such withholding is

or

6.

a

the

or

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