S T A T E   O F   N E W   Y O R K
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                                  1347

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DESTITO, GUNTHER, CUSICK -- Multi-Sponsored by --
  M.  of  A. HEASTIE, KOON -- read once and referred to the Committee on
  Ways and Means

AN ACT to amend the state finance law, in relation to payment of a relo-
  cation allowance to certain employees of the department of correction-
  al services

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

  Section  1.  The  state finance law is amended by adding a new section
205-a to read as follows:
  S 205-A. PAYMENT OF RELOCATION ALLOWANCE TO CERTAIN EMPLOYEES  OF  THE
DEPARTMENT  OF  CORRECTIONAL  SERVICES.    1.  (A)  NOTWITHSTANDING  THE
PROVISIONS OF ANY LAW, RULE  OR  REGULATION  TO  THE  CONTRARY,  WHEN  A
CORRECTIONAL FACILITY IS CLOSED OR WHEN THERE IS A SUBSTANTIAL REDUCTION
IN  SERVICES  AT A CORRECTIONAL FACILITY, ANY EMPLOYEE OF THE DEPARTMENT
OF CORRECTIONAL SERVICES WHO THEREAFTER AS A RESULT THEREOF  HAS  A  NEW
PLACE OF EMPLOYMENT WITHIN THE DEPARTMENT OF CORRECTIONAL SERVICES SHALL
BE  GRANTED A RELOCATION ALLOWANCE IN ADDITION TO ANY EXPENSES FOR WHICH
HE OR SHE IS ELIGIBLE TO RECEIVE PURSUANT TO SECTION TWO HUNDRED TWO  OF
THIS ARTICLE.
  (B)  FOR  PURPOSES  OF  THIS SECTION, THE REQUIREMENT THAT AN EMPLOYEE
HAVE A NEW PLACE OF EMPLOYMENT WITHIN  THE  DEPARTMENT  OF  CORRECTIONAL
SERVICES SHALL BE SATISFIED IF THE EMPLOYEE'S NEW PLACE OF EMPLOYMENT IS
AT  LEAST THIRTY-FIVE MILES AS MEASURED OVER THE SHORTEST DISTANCE ALONG
PUBLIC HIGHWAYS FROM (I) A CORRECTIONAL FACILITY WHICH WAS CLOSED OR  AT
WHICH  THERE  WAS  A  SUBSTANTIAL  REDUCTION  IN  SERVICES; AND (II) THE
EMPLOYEE'S RESIDENCE.
  (C) FOR  PURPOSES  OF  THIS  SECTION,  "CORRECTIONAL  FACILITY"  SHALL
INCLUDE,  BUT  NOT BE LIMITED TO, A CORRECTIONAL FACILITY ANNEX OR OTHER
DESIGNATED HOUSING UNIT.

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

                                                           LBD03450-01-9

A. 1347                             2

  (D)  FOR  PURPOSES  OF  THIS  SECTION,  A  "SUBSTANTIAL  REDUCTION  IN
SERVICES" SHALL MEAN:
  (I)  A REDUCTION IN THE NUMBER OF EMPLOYEES IN THE TITLE OF CORRECTION
OFFICER, AS CLASSIFIED BY THE DEPARTMENT OF CIVIL SERVICE, AT A  CORREC-
TIONAL FACILITY DURING ANY CALENDAR YEAR WHICH IN THE AGGREGATE FOR SUCH
CALENDAR  YEAR  EQUALS  TEN  PERCENT OR MORE OF THE TOTAL NUMBER OF SUCH
EMPLOYEES AT SUCH FACILITY ON THE LAST DAY OF THE IMMEDIATELY  PRECEDING
CALENDAR YEAR; OR
  (II)  A  REDUCTION IN THE NUMBER OF INMATES AT A CORRECTIONAL FACILITY
DURING ANY CALENDAR YEAR WHICH IN THE AGGREGATE FOR SUCH  CALENDAR  YEAR
EQUALS TEN PERCENT OR MORE OF THE TOTAL NUMBER OF INMATES HOUSED IN SUCH
FACILITY ON THE LAST DAY OF THE IMMEDIATELY PRECEDING CALENDAR YEAR.
  2.  SUCH  ALLOWANCE  SHALL  EQUAL  THREE  PERCENT  OF THE BASIC ANNUAL
COMPENSATION OF SUCH EMPLOYEE IN THE POSITION TO  WHICH  HE  OR  SHE  IS
RELOCATED;  PROVIDED,  HOWEVER,  THAT  IN  NO  CASE SHALL SUCH ALLOWANCE
EXCEED EIGHT HUNDRED DOLLARS.
  3. NO PAYMENT SHALL BE MADE  TO  AN  EMPLOYEE  OTHERWISE  ELIGIBLE  TO
RECEIVE A RELOCATION ALLOWANCE PURSUANT TO THIS SECTION UNLESS HE OR SHE
SHALL  AGREE  IN WRITING TO RETURN TO THE STATE MONIES RECEIVED FOR SUCH
EXPENSES IN THE EVENT THAT HE OR SHE RESIGNS  OR  VOLUNTARILY  SEPARATES
FROM  THE POSITION TO WHICH HE OR SHE IS RELOCATED WITHIN ONE YEAR AFTER
SUCH RELOCATION. THE RETURN OF SUCH FUNDS TO  THE  STATE  SHALL  NOT  BE
REQUIRED WHEN THE RESIGNATION OR VOLUNTARY SEPARATION IS THE RESULT OF A
PROMOTION  TO  A  HIGHER  GRADE  STATE POSITION IN THE SAME OCCUPATIONAL
FIELD OCCURRING MORE THAN SIX MONTHS FOLLOWING THE RELOCATION, OR  BY  A
PROMOTION  AT  ANY  TIME  IN THE SAME GEOGRAPHIC AREA IF HE OR SHE WOULD
HAVE BEEN ELIGIBLE FOR A RELOCATION ALLOWANCE  UPON  SUCH  PROMOTION  TO
SUCH POSITION HELD BY HIM OR HER IMMEDIATELY PRIOR TO THE RELOCATION FOR
WHICH  A RELOCATION ALLOWANCE WAS PAID. MONIES OWING TO THE STATE PURSU-
ANT TO THIS SUBDIVISION MAY BE DEDUCTED FROM ANY MONIES DUE OR  ACCRUING
TO  THE  EMPLOYEE  ON RESIGNATION OR SEPARATION OR, IF NECESSARY, MAY BE
RECOVERED BY APPROPRIATE LEGAL PROCEEDINGS.
  4. NOTHING IN THIS SECTION SHALL AFFECT OR IMPAIR THE  ELIGIBILITY  OF
ANY  EMPLOYEE FOR REIMBURSEMENT OF TRAVEL AND MOVING EXPENSES IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED TWO OF THIS ARTICLE.
  5. RELOCATION ALLOWANCES PAID PURSUANT TO THIS SECTION SHALL BE  PAYA-
BLE  FROM MONIES APPROPRIATED AND AVAILABLE TO THE DEPARTMENT OF CORREC-
TIONAL SERVICES. RELOCATION ALLOWANCES OF EMPLOYEES WHOSE  SALARIES  ARE
PAID  FROM  A  FUND OTHER THAN THE GENERAL FUND SHALL BE A PROPER CHARGE
AGAINST SUCH OTHER FUND. SUCH ALLOWANCE SHALL NOT BE DEEMED  TO  CONSTI-
TUTE SALARY FOR ANY OF THE PURPOSES OF THE CIVIL SERVICE LAW.
  S 2. This act shall take effect immediately.