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A06968 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6968--B
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 28, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  SOLAGES,  THIELE, McDONOUGH, AUBRY, WOERNER,
          WEPRIN, PHEFFER AMATO, SKOUFIS, B. MILLER, CURRAN  --  Multi-Sponsored
          by -- M. of A. LUPARDO, WALSH -- read once and referred to the Commit-
          tee  on  Governmental  Employees  --  recommitted  to the Committee on
          Governmental Employees in accordance with Assembly Rule 3, sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10607-04-8

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

        A. 6968--B                          3
 
     1    § 5. Continuation of rules and regulations.  All  rules,  regulations,
     2  acts,  orders,  determinations,  and  decisions  of the office of parks,
     3  recreation and historic preservation pertaining  to  the  functions  and
     4  powers  transferred  and  assigned pursuant to this act, in force at the
     5  time of such transfer and assumption, shall continue in force and effect
     6  as rules, regulations, acts, orders, determinations and decisions of the
     7  division  of state police until duly modified or abrogated by the super-
     8  intendent of state police.
     9    § 6. Terms occurring in laws, contracts and other documents.  Whenever
    10  the office of parks, recreation and historic preservation is referred to
    11  or designated in any law contract or document pertaining  to  the  func-
    12  tions,  powers, obligations and duties transferred and assigned pursuant
    13  to this act, such reference or designation shall be deemed to  refer  to
    14  the  regional  state  park  police as continued in the division of state
    15  police.
    16    § 7. Pending actions or proceedings. No action or  proceeding  pending
    17  at  the  time when this act shall take effect, brought by or against the
    18  office of parks, recreation and historic preservation pertaining to  the
    19  regional  state  park police shall be affected by this act, but the same
    20  may be prosecuted or defended in the name of the superintendent or divi-
    21  sion of state police. In all such actions and proceedings, the  division
    22  of  state  police  or  the superintendent upon application to the court,
    23  shall be substituted as a party.
    24    § 8. Transfer of appropriations. All appropriations made to the office
    25  of parks, recreation and historic preservation relating to the  regional
    26  state park police, to the extent of remaining unexpended balances, shall
    27  be  transferred  by the comptroller to and made available for use by the
    28  division of state police, subject to the approval of the director of the
    29  budget, for the payment of liabilities previously incurred by the  func-
    30  tions  transferred  pursuant  to  this act. Payments for liabilities for
    31  expenses of  personal  service,  maintenance  and  operation  previously
    32  incurred  by  the transfer of functions and for liabilities incurred and
    33  to be incurred shall be made on vouchers or certificates approved by the
    34  superintendent of state police on audit and warrant of the comptroller.
    35    § 9. Transfer of assets and liabilities. All assets and liabilities of
    36  the regional state park police shall be transferred to  and  assumed  by
    37  the division of state police.
    38    § 10. Subdivision 3 of section 58 of the civil service law, as amended
    39  by chapter 561 of the laws of 2015, is amended to read as follows:
    40    3.  As  used in this section, the term "police officer" means a police
    41  officer in the  department  of  environmental  conservation,  the  state
    42  university  police,  [a  member  of the regional state park police] or a
    43  police force, police department, or  other  organization  of  a  county,
    44  city,  town,  village,  housing  authority,  transit authority or police
    45  district, who is responsible for the prevention and detection  of  crime
    46  and the enforcement of the general criminal laws of the state, but shall
    47  not  include  any  person serving as such solely by virtue of his or her
    48  occupying any other office or position, nor shall such  term  include  a
    49  sheriff,  under-sheriff,  commissioner  of  police,  deputy or assistant
    50  commissioner of police, chief of police, deputy or  assistant  chief  of
    51  police  or  any  person  having  an equivalent title who is appointed or
    52  employed to exercise equivalent supervisory authority.
    53    § 11. Paragraphs (a) and (b) of subdivision 4 of  section  58  of  the
    54  civil  service  law,  as amended by chapter 561 of the laws of 2015, are
    55  amended to read as follows:

        A. 6968--B                          4
 
     1    (a) Any person who has received provisional or  permanent  appointment
     2  in  the  competitive  class  of the civil service as a police officer of
     3  [the regional state park police,]  the  state  university  of  New  York
     4  police, the department of environmental conservation or any police force
     5  or police department of any county, city, town, village, housing author-
     6  ity,  transit  authority  or police district shall be eligible to resign
     7  from any police force or police department, and to  be  appointed  as  a
     8  police  officer  in the same or any other police force or police depart-
     9  ment without satisfying the age requirements set forth in paragraph  (a)
    10  of  subdivision one of this section at the time of such second or subse-
    11  quent appointment, provided such second or subsequent appointment occurs
    12  within thirty days of the date of resignation.
    13    (b) Any person who has received permanent appointment in  the  compet-
    14  itive  class  of  the civil service as a police officer of [the regional
    15  state park police,] the state university of New York police, the depart-
    16  ment of environmental conservation or any police force or police depart-
    17  ment of any county, city,  town,  village,  housing  authority,  transit
    18  authority or police district shall be eligible to resign from any police
    19  force  or  police department and, subject to such civil service rules as
    20  may be applicable, shall be  eligible  for  reinstatement  in  the  same
    21  police force or police department or in any other police force or police
    22  department  to which he or she was eligible for transfer, without satis-
    23  fying the age requirements set forth in paragraph (a) of subdivision one
    24  of this section at the time of such reinstatement, provided  such  rein-
    25  statement occurs within one year of the date of resignation.
    26    §  12. Paragraph 1 of subdivision c of section 381-b of the retirement
    27  and social security law, as amended by chapter 581 of the laws of  2001,
    28  is amended to read as follows:
    29    (1) Police service. In computing the years of total creditable service
    30  in such division, full credit shall be given and full allowance shall be
    31  made  for  service  rendered  as  a police officer or member of a police
    32  force or department of a state park authority or commission or an organ-
    33  ized police force or department of a county, city, town, village, police
    34  district, authority or other participating employer  or  member  of  the
    35  capital police force in the office of general services while a member of
    36  the  New  York state and local police and fire retirement system, of the
    37  New York state and local employees' retirement system or of the New York
    38  city police pension fund and for all service for which full  credit  has
    39  been given and full allowance made pursuant to the provisions of section
    40  three  hundred seventy-five-h of this [chapter] article provided, howev-
    41  er, that full credit pursuant to the provisions of  such  section  shall
    42  mean  only  such  service as would be creditable service pursuant to the
    43  provisions of  section  three  hundred  eighty-three  or  section  three
    44  hundred  eighty-three-a or three hundred eighty-three-b enacted by chap-
    45  ter six hundred seventy-seven of the laws of nineteen hundred eighty-six
    46  of this [chapter] title or pursuant to the provisions of title  thirteen
    47  of  the  administrative  code  of  the  city  of New York for any member
    48  contributing pursuant to this section who transferred to the division of
    49  state police or who transferred to the division of state police pursuant
    50  to the chapter of the laws of two thousand eighteen  that  amended  this
    51  paragraph  and  who  retired  on  or  after  the  effective date of such
    52  chapter.
    53    § 13. Paragraph 5 of subdivision b of section 381-b of the  retirement
    54  and social security law, as added by chapter 435 of the laws of 1997, is
    55  amended to read as follows:

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