STATE OF NEW YORK
________________________________________________________________________
5267--A
2017-2018 Regular Sessions
IN SENATE
March 17, 2017
___________
Introduced by Sens. FUNKE, AKSHAR, ALCANTARA, HAMILTON, MARCHIONE,
MURPHY -- read twice and ordered printed, and when printed to be
committed to the Committee on Civil Service and Pensions -- recommit-
ted to the Committee on Civil Service and Pensions in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, 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
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.
LBD10607-03-8
S. 5267--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
S. 5267--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-
S. 5267--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
S. 5267--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.