S T A T E   O F   N E W   Y O R K
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                                  4740

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced  by  M.  of  A. CANESTRARI, AUBRY, LUPARDO, MARKEY, CASTELLI,
  P. LOPEZ, PEOPLES-STOKES, N. RIVERA, P. RIVERA, SCHROEDER,  STEVENSON,
  WEISENBERG -- Multi-Sponsored by -- M. of A. CROUCH, McENENY, McLAUGH-
  LIN,  ORTIZ,  PHEFFER,  REILLY, THIELE, TITONE, TOWNS -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08740-01-1
              

A. 4740                             2

be  appointed  as a police officer in the same or any other police force
or police department without satisfying the age requirements  set  forth
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.