S T A T E   O F   N E W   Y O R K
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                                  4395

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. CANESTRARI, ENGLEBRIGHT -- Multi-Sponsored by --
  M. of A. COLTON, COOK, HOOPER, MAGEE, MARKEY, McENENY, ORTIZ,  PHEFFER
  -- read once and referred to the Committee on Governmental Employees

AN  ACT  to  amend the civil service law, in relation to including state
  university of New York police officers in provisions permitting trans-
  fer of police officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 3 and paragraphs (a) and (b) of subdivision 4
of section 58 of the civil service law, as amended by chapter 435 of the
laws of 1997, are amended to read as follows:
  3. As used in this section, the term "police officer" means  a  member
of  the  regional  state  park  police, THE STATE UNIVERSITY OF NEW YORK
POLICE or a police force, police department, or other organization of  a
county,  city,  town,  village,  housing authority, transit authority or
police district, who is responsible for the prevention and detection  of
crime and the enforcement of the general criminal laws of the state, but
shall  not  include  any  person serving as such solely by virtue of his
occupying any other office or position, nor shall such  term  include  a
sheriff,  under-sheriff,  commissioner  of  police,  deputy or assistant
commissioner of police, chief of police, deputy or  assistant  chief  of
police  or  any  person  having  an equivalent title who is appointed or
employed to exercise equivalent supervisory authority.
  (a) Any person who has received provisional or  permanent  appointment
in the competitive class of the civil service as a police officer of the
regional  state  park police, THE STATE UNIVERSITY OF NEW YORK POLICE or
any police force  or  police  department  of  any  county,  city,  town,
village,  housing  authority, transit authority or police district shall
be eligible to resign from any police force or police department, and to
be appointed as a police officer in the same or any other  police  force
or  police  department without satisfying the age requirements set forth

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02534-01-9
              

A. 4395                             2

in paragraph (a) of subdivision one of this section at the time of  such
second  or  subsequent  appointment,  provided such second or subsequent
appointment occurs within thirty days of the date of resignation.
  (b)  Any  person who has received permanent appointment in the compet-
itive class of the civil service as a police  officer  of  the  regional
state park police, THE STATE UNIVERSITY OF NEW YORK POLICE or any police
force  or  police department of any county, city, town, village, housing
authority, transit authority or police district  shall  be  eligible  to
resign  from  any police force or police department and, subject to such
civil service rules as may be applicable, shall be  eligible  for  rein-
statement  in the same police force or police department or in any other
police force or police department to which he was eligible for transfer,
without satisfying the age requirements set forth in  paragraph  (a)  of
subdivision  one  of  this  section  at  the time of such reinstatement,
provided such reinstatement occurs within one year of the date of resig-
nation.
  S 2. This act shall take effect immediately.