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A05026 Summary:

BILL NOA05026
 
SAME ASNo Same As
 
SPONSORSolages
 
COSPNSRWoerner, Thiele, McDonough, Weprin, Ramos, Aubry, Pheffer Amato, Miller B, Steck, Fernandez, Colton
 
MLTSPNSRHevesi, Lupardo, Walsh
 
Amd §58, Civ Serv L; amd §§381-b & 363-b, R & SS L; rpld §9.05 sub 4, §13.17, Pks & Rec L
 
Provides for the transfer of the regional state park police to the division of state police; repeals certain provisions related thereto.
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A05026 Actions:

BILL NOA05026
 
02/10/2021referred to governmental employees
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A05026 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5026
 
SPONSOR: Solages
  TITLE OF BILL: An act to amend the civil service law and the retirement and social security 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 preservation law, relating thereto   PURPOSE OR GENERAL IDEA OF BILL: To merge the State Park Police with the State Police   SUMMARY OF SPECIFIC PROVISIONS: This legislation would amend existing legislation to repeal subdivision 4 of section 9.05 and section 13.17 of the Parks, Recreation and Histor- ic Preservation Law relating to the Regional State Park Police to allow this unit to merge with the Division of State Police. The Superintendent of State Police shall be charged generally with the duty and shall be the power to classify and reclassify all member posi- tions in the Division of State Police subject to the approval of the director of the budget.   JUSTIFICATION: This bill would merge the State Park Police with the State Police which will result in cost savings for the academy and training for both forc- es. Additionally the merger will address the high rate of attrition faced by the State Park Police while eliminating duplication of services and equipment. It will also reduce overtime costs incurred by the State Park Police as a stand-alone unit   PRIOR LEGISLATIVE HISTORY: 2019-2020: print number A2736A; referred to governmental employees 2017-2018: print number A6968B; referred to governmental employees   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A05026 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5026
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  SOLAGES, WOERNER, THIELE, McDONOUGH, WEPRIN,
          RAMOS, AUBRY, PHEFFER AMATO, B. MILLER, STECK,  FERNANDEZ,  COLTON  --
          Multi-Sponsored by -- M. of A. HEVESI, LUPARDO, WALSH -- read once and
          referred to the Committee on Governmental Employees
 
        AN  ACT  to  amend  the  civil service law and the retirement and social
          security 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  preservation  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06541-01-1

        A. 5026                             2
 
     1  with  the  duty  and shall have the power to classify and reclassify all
     2  member positions in  the  division  of  state  police,  subject  to  the
     3  approval of the director of the budget. Individuals who have successful-
     4  ly  completed  probation  in the positions of regional state park police
     5  sergeant, lieutenant, captain and major shall be appointed to the  posi-
     6  tion  of technical sergeant in the division of state police. No individ-
     7  ual transferred to the division of state police  pursuant  to  this  act
     8  shall suffer a reduction in salary.
     9    The  superintendent  of  state police, shall be charged generally with
    10  the duty and shall have the power  to  allocate  and  reallocate  to  an
    11  appropriate  salary grade specified in section 215 of the executive law,
    12  all member positions in the division of state  police,  subject  to  the
    13  approval  of  the  director  of  the budget. The superintendent of state
    14  police shall allow employees transferred pursuant to this act credit for
    15  all of the annual leave, sick leave, or personal leave standing to their
    16  credit at the time of the transfer, but not in  excess  of  the  maximum
    17  accumulation  of such leave permitted by the division. Seniority for the
    18  employees transferred pursuant to this act, for the purpose of determin-
    19  ing vacation usage and certain work assignments among all members of the
    20  division of state police, shall be from the effective date of the trans-
    21  fer of functions effected by this act, and within  such  transfer  group
    22  seniority  shall be as among themselves from the original date of perma-
    23  nent appointment as regional state park police officers. For the purpose
    24  of qualifying as eligible for competitive examinations in the  division,
    25  employees who transfer pursuant to this section shall meet the eligibil-
    26  ity  requirements as specified in the rules and regulations of the divi-
    27  sion of state police except that those employees who  transfer  pursuant
    28  to  this section who, on the effective date of the transfer of functions
    29  affected by this act, completed a minimum of  four  years  of  permanent
    30  service  in  one or more of said titles, shall be eligible to compete in
    31  the next scheduled promotional examination for the  title  of  sergeant,
    32  and shall not be required to meet the three-year member service require-
    33  ment  or  the  one-year  probationary  training term as required by such
    34  rules and regulations.
    35    § 3. Transfer of facilities,  records,  vehicles  and  equipment.  The
    36  commissioner  of  the office of parks, recreation and historic preserva-
    37  tion shall transfer and deliver to the superintendent  of  state  police
    38  all  facilities,  vehicles,  books, papers, records and equipment of the
    39  regional state park police, to the division of state  police  so  as  to
    40  enable  the  division of state police to carry out the transferred func-
    41  tions set out in section one of this act.
    42    § 4. Completion of unfinished business. Any business or  other  matter
    43  undertaken  or commenced by the office of parks, recreation and historic
    44  preservation pertaining to or  connected  with  the  functions,  powers,
    45  obligations  and duties transferred and assigned pursuant to this act to
    46  the division and superintendent of state  police,  and  pending  on  the
    47  effective  date of this act, may be conducted and completed by the divi-
    48  sion and superintendent of state police in the same manner and under the
    49  same terms and conditions and with the same effect as if  conducted  and
    50  completed by the office of parks, recreation and historic preservation.
    51    §  5.  Continuation  of rules and regulations. All rules, regulations,
    52  acts, orders, determinations, and decisions  of  the  office  of  parks,
    53  recreation  and  historic  preservation  pertaining to the functions and
    54  powers transferred and assigned pursuant to this act, in  force  at  the
    55  time of such transfer and assumption, shall continue in force and effect
    56  as rules, regulations, acts, orders, determinations and decisions of the

        A. 5026                             3
 
     1  division  of state police until duly modified or abrogated by the super-
     2  intendent of state police.
     3    § 6. Terms occurring in laws, contracts and other documents.  Whenever
     4  the office of parks, recreation and historic preservation is referred to
     5  or  designated  in  any law contract or document pertaining to the func-
     6  tions, powers, obligations and duties transferred and assigned  pursuant
     7  to  this  act, such reference or designation shall be deemed to refer to
     8  the regional state park police as continued in  the  division  of  state
     9  police.
    10    §  7.  Pending actions or proceedings. No action or proceeding pending
    11  at the time when this act shall take effect, brought by or  against  the
    12  office  of parks, recreation and historic preservation pertaining to the
    13  regional state park police shall be affected by this act, but  the  same
    14  may be prosecuted or defended in the name of the superintendent or divi-
    15  sion  of state police. In all such actions and proceedings, the division
    16  of state police or the superintendent upon  application  to  the  court,
    17  shall be substituted as a party.
    18    § 8. Transfer of appropriations. All appropriations made to the office
    19  of  parks, recreation and historic preservation relating to the regional
    20  state park police, to the extent of remaining unexpended balances, shall
    21  be transferred by the comptroller to and made available for use  by  the
    22  division of state police, subject to the approval of the director of the
    23  budget,  for the payment of liabilities previously incurred by the func-
    24  tions transferred pursuant to this act.  Payments  for  liabilities  for
    25  expenses  of  personal  service,  maintenance  and  operation previously
    26  incurred by the transfer of functions and for liabilities  incurred  and
    27  to be incurred shall be made on vouchers or certificates approved by the
    28  superintendent of state police on audit and warrant of the comptroller.
    29    § 9. Transfer of assets and liabilities. All assets and liabilities of
    30  the  regional  state  park police shall be transferred to and assumed by
    31  the division of state police.
    32    § 10. Subdivision 3 of section 58 of the civil service law, as amended
    33  by chapter 561 of the laws of 2015, is amended to read as follows:
    34    3. As used in this section, the term "police officer" means  a  police
    35  officer  in  the  department  of  environmental  conservation, the state
    36  university police, [a member of the regional state  park  police]  or  a
    37  police  force,  police  department,  or  other organization of a county,
    38  city, town, village, housing  authority,  transit  authority  or  police
    39  district,  who  is responsible for the prevention and detection of crime
    40  and the enforcement of the general criminal laws of the state, but shall
    41  not include any person serving as such solely by virtue of  his  or  her
    42  occupying  any  other  office or position, nor shall such term include a
    43  sheriff, under-sheriff, commissioner  of  police,  deputy  or  assistant
    44  commissioner  of  police,  chief of police, deputy or assistant chief of
    45  police or any person having an equivalent  title  who  is  appointed  or
    46  employed to exercise equivalent supervisory authority.
    47    §  11.  Paragraphs  (a)  and (b) of subdivision 4 of section 58 of the
    48  civil service law, as amended by chapter 561 of the laws  of  2015,  are
    49  amended to read as follows:
    50    (a)  Any  person who has received provisional or permanent appointment
    51  in the competitive class of the civil service as  a  police  officer  of
    52  [the  regional  state  park  police,]  the  state university of New York
    53  police, the department of environmental conservation or any police force
    54  or police department of any county, city, town, village, housing author-
    55  ity, transit authority or police district shall be  eligible  to  resign
    56  from  any  police  force  or police department, and to be appointed as a

        A. 5026                             4
 
     1  police officer in the same or any other police force or  police  depart-
     2  ment  without satisfying the age requirements set forth in paragraph (a)
     3  of subdivision one of this section at the time of such second or  subse-
     4  quent appointment, provided such second or subsequent appointment occurs
     5  within thirty days of the date of resignation.
     6    (b)  Any  person who has received permanent appointment in the compet-
     7  itive class of the civil service as a police officer  of  [the  regional
     8  state park police,] the state university of New York police, the depart-
     9  ment of environmental conservation or any police force or police depart-
    10  ment  of  any  county,  city,  town, village, housing authority, transit
    11  authority or police district shall be eligible to resign from any police
    12  force or police department and, subject to such civil service  rules  as
    13  may  be  applicable,  shall  be  eligible  for reinstatement in the same
    14  police force or police department or in any other police force or police
    15  department to which he or she was eligible for transfer, without  satis-
    16  fying the age requirements set forth in paragraph (a) of subdivision one
    17  of  this  section at the time of such reinstatement, provided such rein-
    18  statement occurs within one year of the date of resignation.
    19    § 12. Paragraph 1 of subdivision c of section 381-b of the  retirement
    20  and  social security law, as amended by chapter 581 of the laws of 2001,
    21  is amended to read as follows:
    22    (1) Police service. In computing the years of total creditable service
    23  in such division, full credit shall be given and full allowance shall be
    24  made for service rendered as a police officer  or  member  of  a  police
    25  force or department of a state park authority or commission or an organ-
    26  ized police force or department of a county, city, town, village, police
    27  district,  authority  or  other  participating employer or member of the
    28  capital police force in the office of general services while a member of
    29  the New York state and local police and fire retirement system,  of  the
    30  New York state and local employees' retirement system or of the New York
    31  city  police  pension fund and for all service for which full credit has
    32  been given and full allowance made pursuant to the provisions of section
    33  three hundred seventy-five-h of this [chapter] article provided,  howev-
    34  er,  that  full  credit pursuant to the provisions of such section shall
    35  mean only such service as would be creditable service  pursuant  to  the
    36  provisions  of  section  three  hundred  eighty-three  or  section three
    37  hundred eighty-three-a or three hundred eighty-three-b enacted by  chap-
    38  ter six hundred seventy-seven of the laws of nineteen hundred eighty-six
    39  of  this [chapter] title or pursuant to the provisions of title thirteen
    40  of the administrative code of the  city  of  New  York  for  any  member
    41  contributing pursuant to this section who transferred to the division of
    42  state police or who transferred to the division of state police pursuant
    43  to  the chapter of the laws of two thousand twenty-one that amended this
    44  paragraph and who retired  on  or  after  the  effective  date  of  such
    45  chapter.
    46    §  13. Paragraph 5 of subdivision b of section 381-b of the retirement
    47  and social security law, as added by chapter 435 of the laws of 1997, is
    48  amended to read as follows:
    49    (5) Notwithstanding the provisions of this subdivision, members trans-
    50  ferred to the division of state police  pursuant  to  [a]  chapter  four
    51  hundred  thirty-five of the laws of nineteen hundred ninety-seven or the
    52  chapter of the laws of two thousand twenty-one that amended  this  para-
    53  graph,  upon  retirement shall receive either the allowances provided by
    54  this subdivision or those provided under the retirement system to  which
    55  they  participated  prior  to such transfer whichever allowance shall be
    56  the higher.

        A. 5026                             5
 
     1    § 14. Paragraph 3 of subdivision e of section 363-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    3. Notwithstanding the provisions of this subdivision, a member 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 twenty-one that amended this para-
     8  graph who files for a disability retirement under  this  section  for  a
     9  physical  or  mental  incapacity  attributable  to an injury or incident
    10  which occurred prior to such transfer, shall be eligible to file for the
    11  disability retirement benefits attributable to the  plan  applicable  to
    12  such  member before the transfer. In the case of a member transferred to
    13  the division pursuant to said chapter who files for a disability retire-
    14  ment under this section for a physical or mental incapacity attributable
    15  to an injury or incident which  occurs  after  such  transfer,  for  the
    16  purposes  of  calculating service credit required by subparagraph (b) of
    17  paragraph two of subdivision b of this section, service in  the  capital
    18  police  force  in  the  office  of  general  services  or service in the
    19  regional state park police  in  the  office  of  parks,  recreation  and
    20  historic preservation shall be considered service in the division.
    21    §  15.  Existing  rights  and remedies preserved. No existing right or
    22  remedy of any character shall be lost, impaired or affected by reason of
    23  this act.
    24    § 16. Construction with other laws. The provisions of this  act  shall
    25  supersede any inconsistent provisions of any other law.
    26    §  17.  Subdivision  4  of  section  9.05 of the parks, recreation and
    27  historic preservation law is REPEALED.
    28    § 18. Section 13.17 of the parks, recreation and historic preservation
    29  law is REPEALED.
    30    § 19. Severability. If  any  part,  section,  subdivision,  paragraph,
    31  subparagraph,  clause,  item, sentence or other part of this act, or the
    32  application thereof, to any individual person or set  of  circumstances,
    33  shall  be  held  to be invalid, such holding shall not affect, impair or
    34  invalidate the remainder of this act, or the application of such section
    35  or part of a section held invalid, to any other person or circumstances,
    36  but shall be confined in its  operation  to  the  section,  subdivision,
    37  paragraph,  subparagraph,  clause,  item, sentence or other part of this
    38  act directly involved in such holding, or to the specific person  and/or
    39  set of circumstances involved therein.
    40    § 20. This act shall take effect immediately.
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