Bill Text: NY S03676 | 2019-2020 | General Assembly | Amended
Bill Title: Provides for the transfer of the regional state park police to the division of state police; and repeals certain provisions related thereto.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-19 - PRINT NUMBER 3676A [S03676 Detail]
Download: New_York-2019-S03676-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3676--A 2019-2020 Regular Sessions IN SENATE February 12, 2019 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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: 1 Section 1. Transfer of functions. Notwithstanding the provisions of 2 any law to the contrary, all of the duties, functions and powers of the 3 office of parks, recreation and historic preservation, in relation to 4 the duties, functions and powers of the regional state park police, are 5 hereby transferred, assigned to, and assumed by the division of state 6 police and the superintendent thereof as may be applicable. 7 § 2. Transfer of employees. Upon the effective date of this act, the 8 commissioner of the office of parks, recreation and historic preserva- 9 tion shall certify to the superintendent of state police a list of the 10 names and titles of all individuals in the several permanent positions 11 within the regional state park, and shall cause copies of such certified 12 list, and copies of the text of this act, to be publicly and conspicu- 13 ously posted in the headquarters office of the regional state park 14 police. Eligible employees who successfully complete a background inves- 15 tigation shall be appointed to the division of state police by the 16 superintendent within ninety days after the superintendent's receipt of 17 the certified list. Those employees who fail to complete successfully a 18 background investigation will be excluded from employment with the divi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05054-07-0S. 3676--A 2 1 sion of state police and placed on a preferred re-employment list with 2 the state. The superintendent of state police shall be charged generally 3 with the duty and shall have the power to classify and reclassify all 4 member positions in the division of state police, subject to the 5 approval of the director of the budget. Individuals who have successful- 6 ly completed probation in the positions of regional state park police 7 sergeant, lieutenant, captain and major shall be appointed to the posi- 8 tion of technical sergeant in the division of state police. No individ- 9 ual transferred to the division of state police pursuant to this act 10 shall suffer a reduction in salary. 11 The superintendent of state police, shall be charged generally with 12 the duty and shall have the power to allocate and reallocate to an 13 appropriate salary grade specified in section 215 of the executive law, 14 all member positions in the division of state police, subject to the 15 approval of the director of the budget. The superintendent of state 16 police shall allow employees transferred pursuant to this act credit for 17 all of the annual leave, sick leave, or personal leave standing to their 18 credit at the time of the transfer, but not in excess of the maximum 19 accumulation of such leave permitted by the division. Seniority for the 20 employees transferred pursuant to this act, for the purpose of determin- 21 ing vacation usage and certain work assignments among all members of the 22 division of state police, shall be from the effective date of the trans- 23 fer of functions effected by this act, and within such transfer group 24 seniority shall be as among themselves from the original date of perma- 25 nent appointment as regional state park police officers. For the purpose 26 of qualifying as eligible for competitive examinations in the division, 27 employees who transfer pursuant to this section shall meet the eligibil- 28 ity requirements as specified in the rules and regulations of the divi- 29 sion of state police except that those employees who transfer pursuant 30 to this section who, on the effective date of the transfer of functions 31 affected by this act, completed a minimum of four years of permanent 32 service in one or more of said titles, shall be eligible to compete in 33 the next scheduled promotional examination for the title of sergeant, 34 and shall not be required to meet the three-year member service require- 35 ment or the one-year probationary training term as required by such 36 rules and regulations. 37 § 3. Transfer of facilities, records, vehicles and equipment. The 38 commissioner of the office of parks, recreation and historic preserva- 39 tion shall transfer and deliver to the superintendent of state police 40 all facilities, vehicles, books, papers, records and equipment of the 41 regional state park police, to the division of state police so as to 42 enable the division of state police to carry out the transferred func- 43 tions set out in section one of this act. 44 § 4. Completion of unfinished business. Any business or other matter 45 undertaken or commenced by the office of parks, recreation and historic 46 preservation pertaining to or connected with the functions, powers, 47 obligations and duties transferred and assigned pursuant to this act to 48 the division and superintendent of state police, and pending on the 49 effective date of this act, may be conducted and completed by the divi- 50 sion and superintendent of state police in the same manner and under the 51 same terms and conditions and with the same effect as if conducted and 52 completed by the office of parks, recreation and historic preservation. 53 § 5. Continuation of rules and regulations. All rules, regulations, 54 acts, orders, determinations, and decisions of the office of parks, 55 recreation and historic preservation pertaining to the functions and 56 powers transferred and assigned pursuant to this act, in force at theS. 3676--A 3 1 time of such transfer and assumption, shall continue in force and effect 2 as rules, regulations, acts, orders, determinations and decisions of the 3 division of state police until duly modified or abrogated by the super- 4 intendent of state police. 5 § 6. Terms occurring in laws, contracts and other documents. Whenever 6 the office of parks, recreation and historic preservation is referred to 7 or designated in any law contract or document pertaining to the func- 8 tions, powers, obligations and duties transferred and assigned pursuant 9 to this act, such reference or designation shall be deemed to refer to 10 the regional state park police as continued in the division of state 11 police. 12 § 7. Pending actions or proceedings. No action or proceeding pending 13 at the time when this act shall take effect, brought by or against the 14 office of parks, recreation and historic preservation pertaining to the 15 regional state park police shall be affected by this act, but the same 16 may be prosecuted or defended in the name of the superintendent or divi- 17 sion of state police. In all such actions and proceedings, the division 18 of state police or the superintendent upon application to the court, 19 shall be substituted as a party. 20 § 8. Transfer of appropriations. All appropriations made to the office 21 of parks, recreation and historic preservation relating to the regional 22 state park police, to the extent of remaining unexpended balances, shall 23 be transferred by the comptroller to and made available for use by the 24 division of state police, subject to the approval of the director of the 25 budget, for the payment of liabilities previously incurred by the func- 26 tions transferred pursuant to this act. Payments for liabilities for 27 expenses of personal service, maintenance and operation previously 28 incurred by the transfer of functions and for liabilities incurred and 29 to be incurred shall be made on vouchers or certificates approved by the 30 superintendent of state police on audit and warrant of the comptroller. 31 § 9. Transfer of assets and liabilities. All assets and liabilities of 32 the regional state park police shall be transferred to and assumed by 33 the division of state police. 34 § 10. Subdivision 3 of section 58 of the civil service law, as amended 35 by chapter 561 of the laws of 2015, is amended to read as follows: 36 3. As used in this section, the term "police officer" means a police 37 officer in the department of environmental conservation, the state 38 university police, [a member of the regional state park police] or a 39 police force, police department, or other organization of a county, 40 city, town, village, housing authority, transit authority or police 41 district, who is responsible for the prevention and detection of crime 42 and the enforcement of the general criminal laws of the state, but shall 43 not include any person serving as such solely by virtue of his or her 44 occupying any other office or position, nor shall such term include a 45 sheriff, under-sheriff, commissioner of police, deputy or assistant 46 commissioner of police, chief of police, deputy or assistant chief of 47 police or any person having an equivalent title who is appointed or 48 employed to exercise equivalent supervisory authority. 49 § 11. Paragraphs (a) and (b) of subdivision 4 of section 58 of the 50 civil service law, as amended by chapter 561 of the laws of 2015, are 51 amended to read as follows: 52 (a) Any person who has received provisional or permanent appointment 53 in the competitive class of the civil service as a police officer of 54 [the regional state park police,] the state university of New York 55 police, the department of environmental conservation or any police force 56 or police department of any county, city, town, village, housing author-S. 3676--A 4 1 ity, transit authority or police district shall be eligible to resign 2 from any police force or police department, and to be appointed as a 3 police officer in the same or any other police force or police depart- 4 ment without satisfying the age requirements set forth in paragraph (a) 5 of subdivision one of this section at the time of such second or subse- 6 quent appointment, provided such second or subsequent appointment occurs 7 within thirty days of the date of resignation. 8 (b) Any person who has received permanent appointment in the compet- 9 itive class of the civil service as a police officer of [the regional10state park police,] the state university of New York police, the depart- 11 ment of environmental conservation or any police force or police depart- 12 ment of any county, city, town, village, housing authority, transit 13 authority or police district shall be eligible to resign from any police 14 force or police department and, subject to such civil service rules as 15 may be applicable, shall be eligible for reinstatement in the same 16 police force or police department or in any other police force or police 17 department to which he or she was eligible for transfer, without satis- 18 fying the age requirements set forth in paragraph (a) of subdivision one 19 of this section at the time of such reinstatement, provided such rein- 20 statement occurs within one year of the date of resignation. 21 § 12. Paragraph 1 of subdivision c of section 381-b of the retirement 22 and social security law, as amended by chapter 581 of the laws of 2001, 23 is amended to read as follows: 24 (1) Police service. In computing the years of total creditable service 25 in such division, full credit shall be given and full allowance shall be 26 made for service rendered as a police officer or member of a police 27 force or department of a state park authority or commission or an organ- 28 ized police force or department of a county, city, town, village, police 29 district, authority or other participating employer or member of the 30 capital police force in the office of general services while a member of 31 the New York state and local police and fire retirement system, of the 32 New York state and local employees' retirement system or of the New York 33 city police pension fund and for all service for which full credit has 34 been given and full allowance made pursuant to the provisions of section 35 three hundred seventy-five-h of this [chapter] article provided, howev- 36 er, that full credit pursuant to the provisions of such section shall 37 mean only such service as would be creditable service pursuant to the 38 provisions of section three hundred eighty-three or section three 39 hundred eighty-three-a or three hundred eighty-three-b enacted by chap- 40 ter six hundred seventy-seven of the laws of nineteen hundred eighty-six 41 of this [chapter] title or pursuant to the provisions of title thirteen 42 of the administrative code of the city of New York for any member 43 contributing pursuant to this section who transferred to the division of 44 state police or who transferred to the division of state police pursuant 45 to the chapter of the laws of two thousand twenty that amended this 46 paragraph and who retired on or after the effective date of such 47 chapter. 48 § 13. Paragraph 5 of subdivision b of section 381-b of the retirement 49 and social security law, as added by chapter 435 of the laws of 1997, is 50 amended to read as follows: 51 (5) Notwithstanding the provisions of this subdivision, members trans- 52 ferred to the division of state police pursuant to [a] chapter four 53 hundred thirty-five of the laws of nineteen hundred ninety-seven or the 54 chapter of the laws of two thousand twenty that amended this paragraph, 55 upon retirement shall receive either the allowances provided by this 56 subdivision or those provided under the retirement system to which theyS. 3676--A 5 1 participated prior to such transfer whichever allowance shall be the 2 higher. 3 § 14. Paragraph 3 of subdivision e of section 363-b of the retirement 4 and social security law, as added by chapter 435 of the laws of 1997, is 5 amended to read as follows: 6 3. Notwithstanding the provisions of this subdivision, a member trans- 7 ferred to the division of state police pursuant to [a] chapter four 8 hundred thirty-five of the laws of nineteen hundred ninety-seven or the 9 chapter of the laws of two thousand twenty that amended this paragraph 10 who files for a disability retirement under this section for a physical 11 or mental incapacity attributable to an injury or incident which 12 occurred prior to such transfer, shall be eligible to file for the disa- 13 bility retirement benefits attributable to the plan applicable to such 14 member before the transfer. In the case of a member transferred to the 15 division pursuant to said chapter who files for a disability retirement 16 under this section for a physical or mental incapacity attributable to 17 an injury or incident which occurs after such transfer, for the purposes 18 of calculating service credit required by subparagraph (b) of paragraph 19 two of subdivision b of this section, service in the capital police 20 force or the regional state park police in the office of general 21 services shall be considered service in the division. 22 § 15. Existing rights and remedies preserved. No existing right or 23 remedy of any character shall be lost, impaired or affected by reason of 24 this act. 25 § 16. Construction with other laws. The provisions of this act shall 26 supersede any inconsistent provisions of any other law. 27 § 17. Subdivision 4 of section 9.05 of the parks, recreation and 28 historic preservation law is REPEALED. 29 § 18. Section 13.17 of the parks, recreation and historic preservation 30 law is REPEALED. 31 § 19. Paragraph (e) of subdivision 34 of section 1.20 of the criminal 32 procedure law, as amended by chapter 662 of the laws of 1972, is amended 33 to read as follows: 34 (e) A sworn officer of an authorized police department of an authority 35 [or a sworn officer of the state regional park police in the office of36parks and recreation]; 37 § 20. Severability. If any part, section, subdivision, paragraph, 38 subparagraph, clause, item, sentence or other part of this act, or the 39 application thereof, to any individual person or set of circumstances, 40 shall be held to be invalid, such holding shall not affect, impair or 41 invalidate the remainder of this act, or the application of such section 42 or part of a section held invalid, to any other person or circumstances, 43 but shall be confined in its operation to the section, subdivision, 44 paragraph, subparagraph, clause, item, sentence or other part of this 45 act directly involved in such holding, or to the specific person and/or 46 set of circumstances involved therein. 47 § 21. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would transfer members of the Regional State Park Police to the division of State Police. In conjunction with the transfer, members would be entitled to all the rights, benefits, and privileges afforded State Troopers under section 381-b of the Retirement and Social Security Law (RSSL), as if all service credited as a Regional State Park Police Officer was earned as a State Police Officer. Transferred members would be entitled to service retirement benefits of 1/2 of final average sala- ry (FAS) upon completion of 20 years of creditable service along withS. 3676--A 6 1/60 of FAS for each year of creditable service beyond 20 years, not to exceed 12 such years. Currently, Regional State Park Police are entitled to service retirement benefits of 1/2 of FAS upon completion of 25 years of creditable service along with 1/60 of FAS for each year of creditable service beyond 25 years, not to exceed 7 such years. If this bill is enacted during the 2020 legislative session, we antic- ipate that there will be an increase of approximately $1.3 million in the annual contributions of the State of New York for the fiscal year ending March 31, 2021. In future years, this cost will vary as the bill- ing rates and salaries of affected members change. In addition to the annual contributions discussed above, we estimate there will be an immediate past service cost of approximately $16.7 million, which would be borne by the State of New York as a one-time payment. This estimate is based on the assumption that payment will be made on March 1, 2021. This proposal is expected to affect 284 active members earning a sala- ry of approximately $21.6 million as of March 31, 2019. Summary of relevant resources: The membership data used in measuring the impact of the proposed change was the same as that used in the March 31, 2019 actuarial valu- ation. Distributions and other statistics can be found in the 2019 Report of the Actuary and the 2019 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2015, 2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules, and Regulations of the State of New York: Audit and Control. The Market Assets and GASB Disclosures are found in the March 31, 2019 New York State and Local Retirement System Financial Statements and Supplementary Information. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This fiscal note does not constitute a legal opinion on the viability of the proposed change nor is it intended to serve as a substitute for the professional judgment of an attorney. This estimate, dated March 12, 2020, and intended for use only during the 2020 Legislative Session, is Fiscal Note No. 2020-84, prepared by the Actuary for the New York State and Local Retirement System.
