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A06968 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6968
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 28, 2017
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Governmental Employees
 
        AN ACT to amend the civil service law, the retirement and social securi-
          ty law and the criminal procedure law, in relation to transferring the
          regional state park police to the division of  state  police;  and  to
          repeal  certain provisions of the parks, recreation and historic pres-
          ervation law, relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Transfer  of functions. Notwithstanding the provisions of
     2  any law to the contrary, all of the duties, functions and powers of  the
     3  office  of  parks,  recreation and historic preservation, in relation to
     4  the duties, functions and powers of the regional state park police,  are
     5  hereby  transferred,  assigned  to, and assumed by the division of state
     6  police and the superintendent thereof as may be applicable.
     7    § 2. Transfer of employees. Upon the effective date of this  act,  the
     8  commissioner  of  the office of parks, recreation and historic preserva-
     9  tion shall certify to the superintendent of state police a list  of  the
    10  names  and  titles of all individuals in the several permanent positions
    11  within the regional state park, and shall cause copies of such certified
    12  list, and copies of the text of this act, to be publicly  and  conspicu-
    13  ously  posted  in  the  headquarters  office  of the regional state park
    14  police. Eligible employees who successfully complete a background inves-
    15  tigation shall be appointed to the  division  of  state  police  by  the
    16  superintendent  within ninety days after the superintendent's receipt of
    17  the certified list. Those employees who fail to complete successfully  a
    18  background investigation will be excluded from employment with the divi-
    19  sion  of  state police and placed on a preferred re-employment list with
    20  the state. The superintendent of state police shall be charged generally
    21  with the duty and shall have the power to classify  and  reclassify  all
    22  member  positions  in  the  division  of  state  police,  subject to the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10607-01-7

        A. 6968                             2
 
     1  approval of the director of the budget. Individuals who have successful-
     2  ly completed probation in the positions of regional  state  park  police
     3  sergeant,  lieutenant, captain and major shall be appointed to the posi-
     4  tion  of technical sergeant in the division of state police. No individ-
     5  ual transferred to the division of state police  pursuant  to  this  act
     6  shall suffer a reduction in salary.
     7    The  superintendent  of  state police, shall be charged generally with
     8  the duty and shall have the power  to  allocate  and  reallocate  to  an
     9  appropriate  salary grade specified in section 215 of the executive law,
    10  all member positions in the division of state  police,  subject  to  the
    11  approval  of  the  director  of  the budget. The superintendent of state
    12  police shall allow employees transferred pursuant to this act credit for
    13  all of the annual leave, sick leave, or personal leave standing to their
    14  credit at the time of the transfer, but not in  excess  of  the  maximum
    15  accumulation  of such leave permitted by the division. Seniority for the
    16  employees transferred pursuant to this act, for the purpose of determin-
    17  ing vacation usage and certain work assignments among all members of the
    18  division of state police, shall be from the effective date of the trans-
    19  fer of functions effected by this act, and within  such  transfer  group
    20  seniority  shall be as among themselves from the original date of perma-
    21  nent appointment as regional state park police officers. For the purpose
    22  of qualifying as eligible for competitive examinations in the  division,
    23  employees who transfer pursuant to this section shall meet the eligibil-
    24  ity  requirements as specified in the rules and regulations of the divi-
    25  sion of state police except that those employees who  transfer  pursuant
    26  to  this section who, on the effective date of the transfer of functions
    27  affected by this act, completed a minimum of  four  years  of  permanent
    28  service  in  one or more of said titles, shall be eligible to compete in
    29  the next scheduled promotional examination for the  title  of  sergeant,
    30  and shall not be required to meet the three-year member service require-
    31  ment  or  the  one-year  probationary  training term as required by such
    32  rules and regulations.
    33    § 3. Transfer of facilities,  records,  vehicles  and  equipment.  The
    34  commissioner  of  the office of parks, recreation and historic preserva-
    35  tion shall transfer and deliver to the superintendent  of  state  police
    36  all  facilities,  vehicles,  books, papers, records and equipment of the
    37  regional state park police, to the division of state  police  so  as  to
    38  enable  the  division of state police to carry out the transferred func-
    39  tions set out in section one of this act.
    40    § 4. Completion of unfinished business. Any business or  other  matter
    41  undertaken  or commenced by the office of parks, recreation and historic
    42  preservation pertaining to or  connected  with  the  functions,  powers,
    43  obligations  and duties transferred and assigned pursuant to this act to
    44  the division and superintendent of state  police,  and  pending  on  the
    45  effective  date of this act, may be conducted and completed by the divi-
    46  sion and superintendent of state police in the same manner and under the
    47  same terms and conditions and with the same effect as if  conducted  and
    48  completed by the office of parks, recreation and historic preservation.
    49    §  5.  Continuation  of rules and regulations. All rules, regulations,
    50  acts, orders, determinations, and decisions  of  the  office  of  parks,
    51  recreation  and  historic  preservation  pertaining to the functions and
    52  powers transferred and assigned pursuant to this act, in  force  at  the
    53  time of such transfer and assumption, shall continue in force and effect
    54  as rules, regulations, acts, orders, determinations and decisions of the
    55  division  of state police until duly modified or abrogated by the super-
    56  intendent of state police.

        A. 6968                             3
 
     1    § 6. Terms occurring in laws, contracts and other documents.  Whenever
     2  the office of parks, recreation and historic preservation is referred to
     3  or designated in any law contract or document pertaining  to  the  func-
     4  tions,  powers, obligations and duties transferred and assigned pursuant
     5  to  this  act, such reference or designation shall be deemed to refer to
     6  the regional state park police as continued in  the  division  of  state
     7  police.
     8    §  7.  Pending actions or proceedings. No action or proceeding pending
     9  at the time when this act shall take effect, brought by or  against  the
    10  office  of parks, recreation and historic preservation pertaining to the
    11  regional state park police shall be affected by this act, but  the  same
    12  may be prosecuted or defended in the name of the superintendent or divi-
    13  sion  of state police. In all such actions and proceedings, the division
    14  of state police or the superintendent upon  application  to  the  court,
    15  shall be substituted as a party.
    16    § 8. Transfer of appropriations. All appropriations made to the office
    17  of  parks, recreation and historic preservation relating to the regional
    18  state park police, to the extent of remaining unexpended balances, shall
    19  be transferred by the comptroller to and made available for use  by  the
    20  division of state police, subject to the approval of the director of the
    21  budget,  for the payment of liabilities previously incurred by the func-
    22  tions transferred pursuant to this act.  Payments  for  liabilities  for
    23  expenses  of  personal  service,  maintenance  and  operation previously
    24  incurred by the transfer of functions and for liabilities  incurred  and
    25  to be incurred shall be made on vouchers or certificates approved by the
    26  superintendent of state police on audit and warrant of the comptroller.
    27    § 9. Transfer of assets and liabilities. All assets and liabilities of
    28  the  regional  state  park police shall be transferred to and assumed by
    29  the division of state police.
    30    § 10. Subdivision 3 of section 58 of the civil service law, as amended
    31  by chapter 561 of the laws of 2015, is amended to read as follows:
    32    3. As used in this section, the term "police officer" means  a  police
    33  officer  in  the  department  of  environmental  conservation, the state
    34  university police, [a member of the regional state  park  police]  or  a
    35  police  force,  police  department,  or  other organization of a county,
    36  city, town, village, housing  authority,  transit  authority  or  police
    37  district,  who  is responsible for the prevention and detection of crime
    38  and the enforcement of the general criminal laws of the state, but shall
    39  not include any person serving as such solely by virtue of  his  or  her
    40  occupying  any  other  office or position, nor shall such term include a
    41  sheriff, under-sheriff, commissioner  of  police,  deputy  or  assistant
    42  commissioner  of  police,  chief of police, deputy or assistant chief of
    43  police or any person having an equivalent  title  who  is  appointed  or
    44  employed to exercise equivalent supervisory authority.
    45    §  11.  Paragraphs  (a)  and (b) of subdivision 4 of section 58 of the
    46  civil service law, as amended by chapter 561 of the laws  of  2015,  are
    47  amended to read as follows:
    48    (a)  Any  person who has received provisional or permanent appointment
    49  in the competitive class of the civil service as  a  police  officer  of
    50  [the  regional  state  park  police,]  the  state university of New York
    51  police, the department of environmental conservation or any police force
    52  or police department of any county, city, town, village, housing author-
    53  ity, transit authority or police district shall be  eligible  to  resign
    54  from  any  police  force  or police department, and to be appointed as a
    55  police officer in the same or any other police force or  police  depart-
    56  ment  without satisfying the age requirements set forth in paragraph (a)

        A. 6968                             4
 
     1  of subdivision one of this section at the time of such second or  subse-
     2  quent appointment, provided such second or subsequent appointment occurs
     3  within thirty days of the date of resignation.
     4    (b)  Any  person who has received permanent appointment in the compet-
     5  itive class of the civil service as a police officer  of  [the  regional
     6  state park police,] the state university of New York police, the depart-
     7  ment of environmental conservation or any police force or police depart-
     8  ment  of  any  county,  city,  town, village, housing authority, transit
     9  authority or police district shall be eligible to resign from any police
    10  force or police department and, subject to such civil service  rules  as
    11  may  be  applicable,  shall  be  eligible  for reinstatement in the same
    12  police force or police department or in any other police force or police
    13  department to which he or she was eligible for transfer, without  satis-
    14  fying the age requirements set forth in paragraph (a) of subdivision one
    15  of  this  section at the time of such reinstatement, provided such rein-
    16  statement occurs within one year of the date of resignation.
    17    § 12. Subdivision c of section 381-b  of  the  retirement  and  social
    18  security  law, as amended by chapter 581 of the laws of 2001, is amended
    19  to read as follows:
    20    c. Credit for previous police service. (1) Police service. In  comput-
    21  ing  the years of total creditable service in such division, full credit
    22  shall be given and full allowance shall be made for service rendered  as
    23  a  police  officer  or member of a police force or department of a state
    24  park authority or commission or an organized police force or  department
    25  of  a  county,  city, town, village, police district, authority or other
    26  participating employer or member of the  capital  police  force  in  the
    27  office  of  general  services  while  a member of the New York state and
    28  local police and fire retirement system, of the New York state and local
    29  employees' retirement system or of the New York city police pension fund
    30  and for all service for which full credit has been given and full allow-
    31  ance made pursuant to the provisions of section three  hundred  seventy-
    32  five-h  of  this  [chapter]  article provided, however, that full credit
    33  pursuant to the provisions of such section shall mean only such  service
    34  as  would  be  creditable  service pursuant to the provisions of section
    35  three hundred eighty-three or section three  hundred  eighty-three-a  or
    36  three hundred eighty-three-b enacted by chapter six hundred seventy-sev-
    37  en of the laws of nineteen hundred eighty-six of this [chapter] title or
    38  pursuant  to the provisions of title thirteen of the administrative code
    39  of the city of New York for any member  contributing  pursuant  to  this
    40  section  who  transferred  to the division of state police or who trans-
    41  ferred to the division of state police pursuant to the  chapter  of  the
    42  laws  of  two  thousand  seventeen that amended this subdivision and who
    43  retired on or after the effective date of such chapter.
    44    (2) State university police officer service. Upon completion  of  more
    45  than  twenty years of service, and upon retirement, each such member who
    46  was previously credited with service credit in the New  York  state  and
    47  local  employees' retirement system as an officer appointed by the state
    48  university pursuant to paragraph l of subdivision two of  section  three
    49  hundred  fifty-five  of  the  education  law  and  who  has successfully
    50  completed a course of law  enforcement  training  as  provided  in  such
    51  section  of the education law shall receive for each such year of previ-
    52  ous service, up to a total of no greater than  five  years  of  previous
    53  service,  additional  service credit equal to one-sixtieth of his or her
    54  final average salary.

        A. 6968                             5
 
     1    § 13. Paragraph 5 of subdivision b of section 381-b of the  retirement
     2  and social security law, as added by chapter 435 of the laws of 1997, is
     3  amended to read as follows:
     4    (5) Notwithstanding the provisions of this subdivision, members trans-
     5  ferred  to  the  division  of  state police pursuant to [a] chapter four
     6  hundred thirty-five of the laws of nineteen hundred ninety-seven or  the
     7  chapter  of  the  laws of two thousand seventeen that amended this para-
     8  graph, upon retirement shall receive either the allowances  provided  by
     9  this  subdivision or those provided under the retirement system to which
    10  they participated prior to such transfer whichever  allowance  shall  be
    11  the higher.
    12    §  14. Paragraph 3 of subdivision e of section 363-b of the retirement
    13  and social security law, as added by chapter 435 of the laws of 1997, is
    14  amended to read as follows:
    15    3. Notwithstanding the provisions of this subdivision, a member trans-
    16  ferred to the division of state police  pursuant  to  [a]  chapter  four
    17  hundred  thirty-five of the laws of nineteen hundred ninety-seven or the
    18  chapter of the laws of two thousand seventeen that  amended  this  para-
    19  graph  who  files  for  a disability retirement under this section for a
    20  physical or mental incapacity attributable  to  an  injury  or  incident
    21  which occurred prior to such transfer, shall be eligible to file for the
    22  disability  retirement  benefits  attributable to the plan applicable to
    23  such member before the transfer. In the case of a member transferred  to
    24  the division pursuant to said chapter who files for a disability retire-
    25  ment under this section for a physical or mental incapacity attributable
    26  to  an  injury  or  incident  which  occurs after such transfer, for the
    27  purposes of calculating service credit required by subparagraph  (b)  of
    28  paragraph two of subdivision b of this section, service in the [capital]
    29  regional state park police force in the office of general services shall
    30  be considered service in the division.
    31    §  15.  Existing  rights  and remedies preserved. No existing right or
    32  remedy of any character shall be lost, impaired or affected by reason of
    33  this act.
    34    § 16. Construction with other laws. The provisions of this  act  shall
    35  supersede any inconsistent provisions of any other law.
    36    §  17.  Subdivision  4  of  section  9.05 of the parks, recreation and
    37  historic preservation law is REPEALED.
    38    § 18. Section 13.17 of the parks, recreation and historic preservation
    39  law is REPEALED.
    40    § 19. Paragraph (e) of subdivision 34 of section 1.20 of the  criminal
    41  procedure law, as amended by chapter 662 of the laws of 1972, is amended
    42  to read as follows:
    43    (e) A sworn officer of an authorized police department of an authority
    44  [or  a  sworn officer of the state regional park police in the office of
    45  parks and recreation];
    46    § 20. Severability. If  any  part,  section,  subdivision,  paragraph,
    47  subparagraph,  clause,  item, sentence or other part of this act, or the
    48  application thereof, to any individual person or set  of  circumstances,
    49  shall  be  held  to be invalid, such holding shall not affect, impair or
    50  invalidate the remainder of this act, or the application of such section
    51  or part of a section held invalid, to any other person or circumstances,
    52  but shall be confined in its  operation  to  the  section,  subdivision,
    53  paragraph,  subparagraph,  clause,  item, sentence or other part of this
    54  act directly involved in such holding, or to the specific person  and/or
    55  set of circumstances involved therein.
    56    § 21. This act shall take effect immediately.
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