S T A T E O F N E W Y O R K
________________________________________________________________________
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.