S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5267
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the civil service law, the retirement and social securi-
   ty law and the criminal procedure law, in relation to transferring the
   regional state park police to the division of  state  police;  and  to
   repeal  certain provisions of the parks, recreation and historic pres-
   ervation law, relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Transfer  of functions. Notwithstanding the provisions of
 any law to the contrary, all of the duties, functions and powers of  the
 office  of  parks,  recreation and historic preservation, in relation to
 the duties, functions and powers of the regional state park police,  are
 hereby  transferred,  assigned  to, and assumed by the division of state
 police and the superintendent thereof as may be applicable.
   § 2. Transfer of employees. Upon the effective date of this  act,  the
 commissioner  of  the office of parks, recreation and historic preserva-
 tion shall certify to the superintendent of state police a list  of  the
 names  and  titles of all individuals in the several permanent positions
 within the regional state park, and shall cause copies of such certified
 list, and copies of the text of this act, to be publicly  and  conspicu-
 ously  posted  in  the  headquarters  office  of the regional state park
 police. Eligible employees who successfully complete a background inves-
 tigation shall be appointed to the  division  of  state  police  by  the
 superintendent  within ninety days after the superintendent's receipt of
 the certified list. Those employees who fail to complete successfully  a
 background investigation will be excluded from employment with the divi-
 sion  of  state police and placed on a preferred re-employment list with
 the state. The superintendent of state police shall be charged generally
 with the duty and shall have the power to classify  and  reclassify  all
 member  positions  in  the  division  of  state  police,  subject to the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10607-01-7

 S. 5267                             2
 
 approval of the director of the budget. Individuals who have successful-
 ly completed probation in the positions of regional  state  park  police
 sergeant,  lieutenant, captain and major shall be appointed to the posi-
 tion  of technical sergeant in the division of state police. No individ-
 ual transferred to the division of state police  pursuant  to  this  act
 shall suffer a reduction in salary.
   The  superintendent  of  state police, shall be charged generally with
 the duty and shall have the power  to  allocate  and  reallocate  to  an
 appropriate  salary grade specified in section 215 of the executive law,
 all member positions in the division of state  police,  subject  to  the
 approval  of  the  director  of  the budget. The superintendent of state
 police shall allow employees transferred pursuant to this act credit for
 all of the annual leave, sick leave, or personal leave standing to their
 credit at the time of the transfer, but not in  excess  of  the  maximum
 accumulation  of such leave permitted by the division. Seniority for the
 employees transferred pursuant to this act, for the purpose of determin-
 ing vacation usage and certain work assignments among all members of the
 division of state police, shall be from the effective date of the trans-
 fer of functions effected by this act, and within  such  transfer  group
 seniority  shall be as among themselves from the original date of perma-
 nent appointment as regional state park police officers. For the purpose
 of qualifying as eligible for competitive examinations in the  division,
 employees who transfer pursuant to this section shall meet the eligibil-
 ity  requirements as specified in the rules and regulations of the divi-
 sion of state police except that those employees who  transfer  pursuant
 to  this section who, on the effective date of the transfer of functions
 affected by this act, completed a minimum of  four  years  of  permanent
 service  in  one or more of said titles, shall be eligible to compete in
 the next scheduled promotional examination for the  title  of  sergeant,
 and shall not be required to meet the three-year member service require-
 ment  or  the  one-year  probationary  training term as required by such
 rules and regulations.
   § 3. Transfer of facilities,  records,  vehicles  and  equipment.  The
 commissioner  of  the office of parks, recreation and historic preserva-
 tion shall transfer and deliver to the superintendent  of  state  police
 all  facilities,  vehicles,  books, papers, records and equipment of the
 regional state park police, to the division of state  police  so  as  to
 enable  the  division of state police to carry out the transferred func-
 tions set out in section one of this act.
   § 4. Completion of unfinished business. Any business or  other  matter
 undertaken  or commenced by the office of parks, recreation and historic
 preservation pertaining to or  connected  with  the  functions,  powers,
 obligations  and duties transferred and assigned pursuant to this act to
 the division and superintendent of state  police,  and  pending  on  the
 effective  date of this act, may be conducted and completed by the divi-
 sion and superintendent of state police in the same manner and under the
 same terms and conditions and with the same effect as if  conducted  and
 completed by the office of parks, recreation and historic preservation.
   §  5.  Continuation  of rules and regulations. All rules, regulations,
 acts, orders, determinations, and decisions  of  the  office  of  parks,
 recreation  and  historic  preservation  pertaining to the functions and
 powers transferred and assigned pursuant to this act, in  force  at  the
 time of such transfer and assumption, shall continue in force and effect
 as rules, regulations, acts, orders, determinations and decisions of the
 division  of state police until duly modified or abrogated by the super-
 intendent of state police.

 S. 5267                             3
 
   § 6. Terms occurring in laws, contracts and other documents.  Whenever
 the office of parks, recreation and historic preservation is referred to
 or designated in any law contract or document pertaining  to  the  func-
 tions,  powers, obligations and duties transferred and assigned pursuant
 to  this  act, such reference or designation shall be deemed to refer to
 the regional state park police as continued in  the  division  of  state
 police.
   §  7.  Pending actions or proceedings. No action or proceeding pending
 at the time when this act shall take effect, brought by or  against  the
 office  of parks, recreation and historic preservation pertaining to the
 regional state park police shall be affected by this act, but  the  same
 may be prosecuted or defended in the name of the superintendent or divi-
 sion  of state police. In all such actions and proceedings, the division
 of state police or the superintendent upon  application  to  the  court,
 shall be substituted as a party.
   § 8. Transfer of appropriations. All appropriations made to the office
 of  parks, recreation and historic preservation relating to the regional
 state park police, to the extent of remaining unexpended balances, shall
 be transferred by the comptroller to and made available for use  by  the
 division of state police, subject to the approval of the director of the
 budget,  for the payment of liabilities previously incurred by the func-
 tions transferred pursuant to this act.  Payments  for  liabilities  for
 expenses  of  personal  service,  maintenance  and  operation previously
 incurred by the transfer of functions and for liabilities  incurred  and
 to be incurred shall be made on vouchers or certificates approved by the
 superintendent of state police on audit and warrant of the comptroller.
   § 9. Transfer of assets and liabilities. All assets and liabilities of
 the  regional  state  park police shall be transferred to and assumed by
 the division of state police.
   § 10. Subdivision 3 of section 58 of the civil service law, as amended
 by chapter 561 of the laws of 2015, is amended to read as follows:
   3. As used in this section, the term "police officer" means  a  police
 officer  in  the  department  of  environmental  conservation, the state
 university police, [a member of the regional state  park  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  or  her
 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.
   §  11.  Paragraphs  (a)  and (b) of subdivision 4 of section 58 of the
 civil service law, as amended by chapter 561 of the laws  of  2015,  are
 amended to read as follows:
   (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, the department of environmental conservation or any police force
 or police department of any county, city, town, village, housing author-
 ity, transit authority or police district shall be  eligible  to  resign
 from  any  police  force  or police department, and to be appointed as a
 police officer in the same or any other police force or  police  depart-
 ment  without satisfying the age requirements set forth in paragraph (a)

 S. 5267                             4
 
 of subdivision one of this section at the time of such second or  subse-
 quent 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, the depart-
 ment of environmental conservation or any police force or police depart-
 ment  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 reinstatement in the same
 police force or police department or in any other police force or police
 department to which he or she was eligible for transfer, without  satis-
 fying the age requirements set forth in paragraph (a) of subdivision one
 of  this  section at the time of such reinstatement, provided such rein-
 statement occurs within one year of the date of resignation.
   § 12. Subdivision c of section 381-b  of  the  retirement  and  social
 security  law, as amended by chapter 581 of the laws of 2001, is amended
 to read as follows:
   c. Credit for previous police service. (1) Police service. In  comput-
 ing  the years of total creditable service in such division, full credit
 shall be given and full allowance shall be made for service rendered  as
 a  police  officer  or member of a police force or department of a state
 park authority or commission or an organized police force or  department
 of  a  county,  city, town, village, police district, authority or other
 participating employer or member of the  capital  police  force  in  the
 office  of  general  services  while  a member of the New York state and
 local police and fire retirement system, of the New York state and local
 employees' retirement system or of the New York city police pension fund
 and for all service for which full credit has been given and full allow-
 ance made pursuant to the provisions of section three  hundred  seventy-
 five-h  of  this  [chapter]  ARTICLE provided, however, that full credit
 pursuant to the provisions of such section shall mean only such  service
 as  would  be  creditable  service pursuant to the provisions of section
 three hundred eighty-three or section three  hundred  eighty-three-a  or
 three hundred eighty-three-b enacted by chapter six hundred seventy-sev-
 en of the laws of nineteen hundred eighty-six of this [chapter] TITLE or
 pursuant  to the provisions of title thirteen of the administrative code
 of the city of New York for any member  contributing  pursuant  to  this
 section  who  transferred  to the division of state police OR WHO TRANS-
 FERRED TO THE DIVISION OF STATE POLICE PURSUANT TO THE  CHAPTER  OF  THE
 LAWS  OF  TWO  THOUSAND  SEVENTEEN THAT AMENDED THIS SUBDIVISION AND WHO
 RETIRED ON OR AFTER THE EFFECTIVE DATE OF SUCH CHAPTER.
   (2) State university police officer service. Upon completion  of  more
 than  twenty years of service, and upon retirement, each such member who
 was previously credited with service credit in the New  York  state  and
 local  employees' retirement system as an officer appointed by the state
 university pursuant to paragraph l of subdivision two of  section  three
 hundred  fifty-five  of  the  education  law  and  who  has successfully
 completed a course of law  enforcement  training  as  provided  in  such
 section  of the education law shall receive for each such year of previ-
 ous service, up to a total of no greater than  five  years  of  previous
 service,  additional  service credit equal to one-sixtieth of his or her
 final average salary.

 S. 5267                             5
 
   § 13. Paragraph 5 of subdivision b of section 381-b of the  retirement
 and social security law, as added by chapter 435 of the laws of 1997, is
 amended to read as follows:
   (5) Notwithstanding the provisions of this subdivision, members trans-
 ferred  to  the  division  of  state police pursuant to [a] chapter FOUR
 HUNDRED THIRTY-FIVE of the laws of nineteen hundred ninety-seven OR  THE
 CHAPTER  OF  THE  LAWS OF TWO THOUSAND SEVENTEEN THAT AMENDED THIS PARA-
 GRAPH, upon retirement shall receive either the allowances  provided  by
 this  subdivision or those provided under the retirement system to which
 they participated prior to such transfer whichever  allowance  shall  be
 the higher.
   §  14. Paragraph 3 of subdivision e of section 363-b of the retirement
 and social security law, as added by chapter 435 of the laws of 1997, is
 amended to read as follows:
   3. Notwithstanding the provisions of this subdivision, a member trans-
 ferred to the division of state police  pursuant  to  [a]  chapter  FOUR
 HUNDRED  THIRTY-FIVE of the laws of nineteen hundred ninety-seven OR THE
 CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT  AMENDED  THIS  PARA-
 GRAPH  who  files  for  a disability retirement under this section for a
 physical or mental incapacity attributable  to  an  injury  or  incident
 which occurred prior to such transfer, shall be eligible to file for the
 disability  retirement  benefits  attributable to the plan applicable to
 such member before the transfer. In the case of a member transferred  to
 the division pursuant to said chapter who files for a disability retire-
 ment under this section for a physical or mental incapacity attributable
 to  an  injury  or  incident  which  occurs after such transfer, for the
 purposes of calculating service credit required by subparagraph  (b)  of
 paragraph two of subdivision b of this section, service in the [capital]
 REGIONAL STATE PARK police force in the office of general services shall
 be considered service in the division.
   §  15.  Existing  rights  and remedies preserved. No existing right or
 remedy of any character shall be lost, impaired or affected by reason of
 this act.
   § 16. Construction with other laws. The provisions of this  act  shall
 supersede any inconsistent provisions of any other law.
   §  17.  Subdivision  4  of  section  9.05 of the parks, recreation and
 historic preservation law is REPEALED.
   § 18. Section 13.17 of the parks, recreation and historic preservation
 law is REPEALED.
   § 19. Paragraph (e) of subdivision 34 of section 1.20 of the  criminal
 procedure law, as amended by chapter 662 of the laws of 1972, is amended
 to read as follows:
   (e) A sworn officer of an authorized police department of an authority
 [or  a  sworn officer of the state regional park police in the office of
 parks and recreation];
   § 20. Severability. If  any  part,  section,  subdivision,  paragraph,
 subparagraph,  clause,  item, sentence or other part of this act, or the
 application thereof, to any individual person or set  of  circumstances,
 shall  be  held  to be invalid, such holding shall not affect, impair or
 invalidate the remainder of this act, or the application of such section
 or part of a section held invalid, to any other person or circumstances,
 but shall be confined in its  operation  to  the  section,  subdivision,
 paragraph,  subparagraph,  clause,  item, sentence or other part of this
 act directly involved in such holding, or to the specific person  and/or
 set of circumstances involved therein.
   § 21. This act shall take effect immediately.