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A06968 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6968--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 28, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  SOLAGES,  THIELE, McDONOUGH, AUBRY, WOERNER,
          WEPRIN -- read once and referred  to  the  Committee  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  commit-
          tee
 
        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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10607-02-8

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

        A. 6968--A                          3

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

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

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