NY State Senate Bill 2009-S5021

Senate Bill S5021

2009-2010 Legislative Session

Provides for the payment of a relocation allowance to certain employees of the department of correctional services

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Apr 27, 2009	referred to finance

2009-S5021 (ACTIVE) - Details

See Assembly Version of this Bill:: A1347
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §205-a, St Fin L

2009-S5021 (ACTIVE) - Summary

Provides for the payment of a relocation allowance to certain transferred or reassigned employees of the department of correctional services.

2009-S5021 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5021

 TITLE OF BILL :
An act to amend the state finance law, in relation to payment of a
relocation allowance to certain employees of the department of
correctional services


 PURPOSE OR GENERAL IDEA OF BILL :
To provide a relocation allowance to employees of the State Department
of Correctional Services who are reassigned to a different facility.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill amends the State Finance Law by adding a new §
205-a to provide a relocation allowance not exceeding $800 to
employees of the State Department of Correctional Services who are
reassigned or transferred to a different facility as a result of the
closure of a correctional facility or as a result of a substantial
reduction in services at a facility.

 EXISTING LAW :
This allowance is currently not available to employees of the
Department of Correctional Services.

 JUSTIFICATION :
Correctional employees employed by the State Department of

Correctional Services perform a vital law enforcement function for the
people of this State. These individuals maintain the custody and
supervision of inmates incarcerated within the State correctional
system, ensuring not only the safety of the facilities in which they
work, but also ensuring the safety of surrounding communities.

Employees who have worked at facilities for years are impacted under
current budget proposals. Many of these employees would be transferred
to areas which do not have comparable housing opportunities. In
addition, the current "right sizing" of the prison system by DOCS
could result in other transfers for the impacted employees. As a
consequence many employees are not able to afford to move their
families. Employees are forced to find temporary housing while
commuting long distances.

This bill recognizes that situation and provides for a relocation
allowance. If a reassignment or relocation is necessary, the officer
affected should be compensated for the resulting hardships.

This legislation, which is modeled after a similar benefit currently
afforded to members of the State Police, would provide minimal
compensation (an allowance equal to three percent of annual
compensation, but not exceeding $800) to correctional employees
reassigned to a new facility as a result of the closure of a
correctional facility or as a result of a substantial reduction in
services at a facility.

 LEGISLATIVE HISTORY :
2007-08: A.1065 Referred to Assembly Ways & Means Committee
2005-06: A.25 Referred toAssembly Ways & Means Committee
2004:    A.9840 - Referred to Assembly Ways & Means Committee

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Immediately.

2009-S5021 (ACTIVE) - Bill Text download pdf

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

                                  5021

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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.
  (D)  FOR  PURPOSES  OF  THIS  SECTION,  A  "SUBSTANTIAL  REDUCTION  IN
SERVICES" SHALL MEAN:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03450-01-9

S. 5021                             2

  (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.

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