Assembly Bill A9155

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

    S. 6347                                                  A. 9155

                      S E N A T E - A S S E M B L Y

                            January 31, 2012
                               ___________

IN  SENATE  --  Introduced  by  Sen.  GALLIVAN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

IN  ASSEMBLY  --  Introduced by M. of A. PEOPLES-STOKES -- read once and
  referred to the Committee on Governmental Employees

AN ACT to amend the public authorities law and the civil service law, in
  relation to transfers or appointments of police  officers  to  compet-
  itive  or  non-competitive  positions; and providing for the repeal of
  such provisions upon expiration thereof

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

  Section 1.  Section 1299-f of the public authorities law is amended by
adding a new subdivision 8 to read as follows:
  8.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ANY PERSON WHO HAS RECEIVED AN APPOINTMENT OR  DESIGNATION
AS  A POLICE OFFICER AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION THIRTEEN
OF SECTION TWELVE HUNDRED NINETY-NINE-E OF  THIS  TITLE  TO  A  REGIONAL
TRANSIT  AUTHORITY AS DEFINED IN THIS TITLE SHALL BE ELIGIBLE FOR TRANS-
FER, PROVISIONAL OR PERMANENT APPOINTMENT TO A COMPETITIVE  OR  NON-COM-
PETITIVE  POSITION  WITH  A  CITY,  TOWN,  VILLAGE  OR  POLICE DISTRICT,
PROVIDED THAT: (A) SUCH PERSON SHALL HAVE BEEN DISMISSED  OR  TERMINATED
FROM  A  PERMANENT POSITION IN THE AUTHORITY BETWEEN NOVEMBER THIRTIETH,
TWO THOUSAND ELEVEN AND NOVEMBER THIRTIETH,  TWO  THOUSAND  TWELVE,  (B)
SUCH  DISMISSAL  OR TERMINATION IS NOT MADE FOR DISCIPLINARY OR PUNITIVE
REASONS, AND (C) SUCH PERSON CONFORMS TO ANY APPOINTMENT REQUIREMENTS OF
THE CITY, TOWN, VILLAGE OR ANY  OTHER  POLICE  DISTRICT  TO  WHICH  SUCH
PERSON IS OR HAS BEEN TRANSFERRED.
  S  2.  Subdivision 13 of section 1299-e of the public authorities law,
as amended by chapter 816 of the laws of 1984, is  amended  to  read  as
follows:
  13.  To  appoint  or  designate one or more persons for the purpose of
enforcing rules and regulations established by  the  authority,  and  to
compel the observance of law and order on the properties, facilities and

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

                                                           LBD13985-01-2

S. 6347                             2                            A. 9155

improvements  of  the authority for the protection and administration of
such property, facilities and improvements,  and  the  traveling  public
using  such  facilities.  Each person as and when so appointed or desig-
nated shall be known as (a) a "Niagara frontier transportation authority
security officer or patrolman" and shall be a peace officer as set forth
in subdivision forty-five of section 2.10 of the criminal procedure law,
or  a  police  officer  within the purview of subdivision thirty-four of
section 1.20 of the criminal procedure law or (b) a  "ticket  inspector"
and shall not be a peace officer or a police officer but, when so desig-
nated  or  appointed,  shall be authorized to issue and serve appearance
tickets pursuant to section 150.20 of the criminal  procedure  law  with
respect  to  violations  of  rules  and  regulations so established. THE
AUTHORITY SHALL ESTABLISH COMPETITIVE  EXAMINATIONS  TO  DETERMINE  SUCH
APPOINTMENTS  OF  DESIGNATIONS BASED ON MERIT AND FITNESS; SUCH EXAMINA-
TIONS SHALL BE DEEMED TO FULFILL THE  REQUIREMENTS  OF  SECTION  SIX  OF
ARTICLE  FIVE OF THE STATE CONSTITUTION. CANDIDATES WHO PASS ALL ASPECTS
OF THE HIRING PROCESS BUT DO  NOT  RECEIVE  APPOINTMENT  OR  DESIGNATION
SHALL BE PLACED ON AN ELIGIBLE LIST IN ACCORDANCE WITH SECTION FIFTY-SIX
OF  THE  CIVIL  SERVICE  LAW,  WHICH  SHALL  BE  USED TO FILL ANY FUTURE
OPENINGS UNTIL TERMINATION OF THE ELIGIBLE LIST. CANDIDATES WHO PASS ALL
ASPECTS OF THE HIRING PROCESS AND RECEIVE APPOINTMENT  SHALL  BE  DEEMED
ELIGIBLE FOR TRANSFER, PROVISIONAL OR PERMANENT APPOINTMENT TO A COMPET-
ITIVE  OR  NON-COMPETITIVE POSITION WITH A CITY, TOWN, VILLAGE OR POLICE
DISTRICT IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION  SEVENTY  OF  THE
CIVIL SERVICE LAW.
  S  3. Subdivision 1 of section 70 of the civil service law, as amended
by chapter 718 of the laws of 1993, is amended to read as follows:
  1. General provisions. Except as provided in subdivisions four and six
of this section AND IN SUBDIVISION EIGHT OF SECTION TWELVE HUNDRED NINE-
TY-NINE-F OF THE PUBLIC AUTHORITIES LAW no employee shall be transferred
to a position for which there is required by this chapter or  the  rules
established hereunder an examination involving essential tests or quali-
fications  different from or higher than those required for the position
held by such employee. The state and  municipal  commissions  may  adopt
rules  governing  transfers between positions in their respective juris-
dictions and may also adopt reciprocal rules providing for the  transfer
of  employees from one governmental jurisdiction to another. No employee
shall be transferred without his or her consent except  as  provided  in
subdivision  six  of  this section or  upon the transfer of functions as
provided in subdivision two of this section.
  S 4. Paragraph a of subdivision 1 of section 58 of the  civil  service
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV) SUCH MAXIMUM AGE REQUIREMENT OF THIRTY-FIVE YEARS SHALL NOT APPLY
TO  ANY  POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, WHO WAS CONTINUOUSLY EMPLOYED  BY  A
REGIONAL  TRANSIT AUTHORITY AS DEFINED IN TITLE ELEVEN-A OF ARTICLE FIVE
OF THE PUBLIC AUTHORITIES LAW AND CONFORMS TO THE REQUIREMENTS OF SUBDI-
VISION EIGHT OF SECTION  TWELVE  HUNDRED  NINETY-NINE-F  OF  THE  PUBLIC
AUTHORITIES LAW;
  S  5.  This act shall take effect immediately and shall expire January
1, 2014 when upon such date the provisions of this act shall  be  deemed
repealed.