S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3523
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 11, 2015
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Corporations,  Authorities
         and Commissions
       AN  ACT  to  amend chapter 154 of the laws of 1921, relating to the Port
         Authority of New York and New Jersey, in relation to  the  designation
         as detective in certain instances
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1 of chapter 154 of the laws of 1921,  relating  to
    2  the  Port  Authority  of New York and New Jersey, is amended by adding a
    3  new article 15-C to read as follows:
    4                                ARTICLE XV-C
    5    1. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PORT AUTHORITY
    6  OF NEW YORK AND NEW JERSEY POLICE DEPARTMENT  DESIGNATION  AS  DETECTIVE
    7  ACT."
    8    2.  LEGISLATIVE  FINDINGS  AND  DECLARATION. A. THE LEGISLATURE HEREBY
    9  FINDS AND DECLARES THAT IT  IS  FREQUENTLY  IMPRACTICABLE  TO  ASCERTAIN
   10  FITNESS  FOR THE POSITION OF DETECTIVE WITHIN VARIOUS POLICE DEPARTMENTS
   11  AROUND THE STATE BY MEANS OF A COMPETITIVE EXAMINATION DUE TO THE UNIQUE
   12  NATURE OF THE DUTIES ASSIGNED  AND  THE  INTANGIBLE  PERSONAL  QUALITIES
   13  NEEDED  TO  PERFORM  SUCH  DUTIES.  THE  LEGISLATURE  FURTHER FINDS THAT
   14  COMPETITIVE EXAMINATION HAS NEVER BEEN EMPLOYED IN MANY  POLICE  DEPART-
   15  MENTS,  TO  ASCERTAIN  FITNESS FOR THE POSITION OF DETECTIVE WITHIN SUCH
   16  POLICE DEPARTMENTS; SUCH FITNESS HAS ALWAYS BEEN  DETERMINED  BY  EVALU-
   17  ATION OF THE CAPABILITIES OF AN INDIVIDUAL (WHO HAS IN ANY CASE RECEIVED
   18  PERMANENT  APPOINTMENT TO THE POSITION OF POLICE OFFICER) BY SUPERVISORY
   19  PERSONNEL.   THE  LEGISLATURE  FURTHER  FINDS  THAT  AN  INDIVIDUAL  WHO
   20  PERFORMS IN AN INVESTIGATORY POSITION IN A MANNER SUFFICIENTLY SATISFAC-
   21  TORY  TO  THE  APPROPRIATE  SUPERVISORS TO HOLD SUCH AN ASSIGNMENT FOR A
   22  CUMULATIVE PERIOD OF EIGHTEEN MONTHS, HAS DEMONSTRATED FITNESS  FOR  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02463-02-5
       S. 3523                             2
    1  POSITION  OF  DETECTIVE WITHIN SUCH POLICE DEPARTMENT AT LEAST AS SUFFI-
    2  CIENTLY AS COULD BE ASCERTAINED BY MEANS OF A COMPETITIVE EXAMINATION.
    3    B.  IN  THE  JURISDICTION  OF  THE  PORT AUTHORITY OF NEW YORK AND NEW
    4  JERSEY POLICE DEPARTMENT, A JURISDICTION WHICH DOES NOT ADMINISTER EXAM-
    5  INATIONS FOR DESIGNATION TO  DETECTIVE,  ANY  PERSON  WHO  HAS  RECEIVED
    6  PERMANENT APPOINTMENT TO THE POSITION OF POLICE OFFICER AND IS TEMPORAR-
    7  ILY  ASSIGNED  TO THE DUTIES OF A DETECTIVE SHALL, WHENEVER SUCH ASSIGN-
    8  MENT TO THE DUTIES OF A DETECTIVE EXCEEDS A CUMULATIVE PERIOD  OF  EIGH-
    9  TEEN  MONTHS,  BE  PERMANENTLY DESIGNATED AS A DETECTIVE AND RECEIVE THE
   10  COMPENSATION ORDINARILY PAID TO PERSONS IN SUCH DESIGNATION.
   11    S 2. This act shall take effect upon the enactment  into  law  by  the
   12  state  of New Jersey of legislation having an identical effect with this
   13  act, but if the state of New Jersey  shall  have  already  enacted  such
   14  legislation  this act shall take effect immediately. The chairman of the
   15  port authority shall notify the  legislative  bill  drafting  commission
   16  upon  the  occurrence  of  article 15-C in order that the commission may
   17  maintain an accurate and timely effective data base of the official text
   18  of the laws of the state of New York in  furtherance  of  effecting  the
   19  provisions  of section 44 of the legislative law and section 70-b of the
   20  public officers law.