S T A T E O F N E W Y O R K
________________________________________________________________________
5026
2021-2022 Regular Sessions
I N A S S E M B L Y
February 10, 2021
___________
Introduced by M. of A. SOLAGES, WOERNER, THIELE, McDONOUGH, WEPRIN,
RAMOS, AUBRY, PHEFFER AMATO, B. MILLER, STECK, FERNANDEZ, COLTON --
Multi-Sponsored by -- M. of A. HEVESI, LUPARDO, WALSH -- read once and
referred to the Committee on Governmental Employees
AN ACT to amend the civil service law and the retirement and social
security 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 preservation 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06541-01-1
A. 5026 2
with the duty and shall have the power to classify and reclassify all
member positions in the division of state police, subject to the
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
A. 5026 3
division of state police until duly modified or abrogated by the super-
intendent of state police.
§ 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
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police officer in the same or any other police force or police depart-
ment without satisfying the age requirements set forth in paragraph (a)
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. Paragraph 1 of 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:
(1) Police service. In computing 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 organ-
ized 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 allowance made pursuant to the provisions of section
three hundred seventy-five-h of this [chapter] ARTICLE provided, howev-
er, 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 chap-
ter six hundred seventy-seven 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 TRANSFERRED TO THE DIVISION OF STATE POLICE PURSUANT
TO THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS
PARAGRAPH AND WHO RETIRED ON OR AFTER THE EFFECTIVE DATE OF SUCH
CHAPTER.
§ 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 TWENTY-ONE 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.
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§ 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 TWENTY-ONE 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
police force in the office of general services OR SERVICE IN THE
REGIONAL STATE PARK POLICE IN THE OFFICE OF PARKS, RECREATION AND
HISTORIC PRESERVATION 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. 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.
§ 20. This act shall take effect immediately.