S T A T E O F N E W Y O R K
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1932
2017-2018 Regular Sessions
I N A S S E M B L Y
January 17, 2017
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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 SIXTEEN AND NOVEMBER THIRTIETH, TWO THOUSAND SEVENTEEN, (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.
§ 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
improvements of the authority for the protection and administration of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03617-01-7
A. 1932 2
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.
§ 3. Subdivision 1 of section 70 of the civil service law, as amended
by chapter 368 of the laws of 2014, is amended to read as follows:
1. General provisions. Except as provided in subdivisions four, six
and seven of this section AND IN SUBDIVISION EIGHT OF SECTION TWELVE
HUNDRED NINETY-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 qualifications 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
jurisdictions 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 or seven of this section or upon the trans-
fer of functions as provided in subdivision two of this section.
§ 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;
§ 5. This act shall take effect immediately and shall expire January
1, 2019 when upon such date the provisions of this act shall be deemed
repealed.