Bill Text: NY S04647 | 2021-2022 | General Assembly | Amended


Bill Title: Provides for the transfer of the regional state park police to the division of state police.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04647 Detail]

Download: New_York-2021-S04647-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4647--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 8, 2021
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        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:

     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-
    19  sion  of  state police and placed on a preferred re-employment list with
    20  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.
                                                                   LBD06541-05-1

        S. 4647--A                          2

     1  with the duty and shall have the power to classify  and  reclassify  all
     2  member  positions  in  the  division  of  state  police,  subject to the
     3  approval of the director of the budget. Individuals who have successful-
     4  ly  completed  probation  in the positions of regional state park police
     5  sergeant, lieutenant, captain and major shall be appointed to the  posi-
     6  tion  of technical sergeant in the division of state police. No individ-
     7  ual transferred to the division of state police  pursuant  to  this  act
     8  shall suffer a reduction in salary.
     9    The  superintendent  of  state police, shall be charged generally with
    10  the duty and shall have the power  to  allocate  and  reallocate  to  an
    11  appropriate  salary grade specified in section 215 of the executive law,
    12  all member positions in the division of state  police,  subject  to  the
    13  approval  of  the  director  of  the budget. The superintendent of state
    14  police shall allow employees transferred pursuant to this act credit for
    15  all of the annual leave, sick leave, or personal leave standing to their
    16  credit at the time of the transfer, but not in  excess  of  the  maximum
    17  accumulation  of such leave permitted by the division. Seniority for the
    18  employees transferred pursuant to this act, for the purpose of determin-
    19  ing vacation usage and certain work assignments among all members of the
    20  division of state police, shall be from the effective date of the trans-
    21  fer of functions effected by this act, and within  such  transfer  group
    22  seniority  shall be as among themselves from the original date of perma-
    23  nent appointment as regional state park police officers. For the purpose
    24  of qualifying as eligible for competitive examinations in the  division,
    25  employees who transfer pursuant to this section shall meet the eligibil-
    26  ity  requirements as specified in the rules and regulations of the divi-
    27  sion of state police except that those employees who  transfer  pursuant
    28  to  this section who, on the effective date of the transfer of functions
    29  affected by this act, completed a minimum of  four  years  of  permanent
    30  service  in  one or more of said titles, shall be eligible to compete in
    31  the next scheduled promotional examination for the  title  of  sergeant,
    32  and shall not be required to meet the three-year member service require-
    33  ment  or  the  one-year  probationary  training term as required by such
    34  rules and regulations.
    35    § 3. Transfer of facilities,  records,  vehicles  and  equipment.  The
    36  commissioner  of  the office of parks, recreation and historic preserva-
    37  tion shall transfer and deliver to the superintendent  of  state  police
    38  all  facilities,  vehicles,  books, papers, records and equipment of the
    39  regional state park police, to the division of state  police  so  as  to
    40  enable  the  division of state police to carry out the transferred func-
    41  tions set out in section one of this act.
    42    § 4. Completion of unfinished business. Any business or  other  matter
    43  undertaken  or commenced by the office of parks, recreation and historic
    44  preservation pertaining to or  connected  with  the  functions,  powers,
    45  obligations  and duties transferred and assigned pursuant to this act to
    46  the division and superintendent of state  police,  and  pending  on  the
    47  effective  date of this act, may be conducted and completed by the divi-
    48  sion and superintendent of state police in the same manner and under the
    49  same terms and conditions and with the same effect as if  conducted  and
    50  completed by the office of parks, recreation and historic preservation.
    51    §  5.  Continuation  of rules and regulations. All rules, regulations,
    52  acts, orders, determinations, and decisions  of  the  office  of  parks,
    53  recreation  and  historic  preservation  pertaining to the functions and
    54  powers transferred and assigned pursuant to this act, in  force  at  the
    55  time of such transfer and assumption, shall continue in force and effect
    56  as rules, regulations, acts, orders, determinations and decisions of the

        S. 4647--A                          3

     1  division  of state police until duly modified or abrogated by the super-
     2  intendent of state police.
     3    § 6. Terms occurring in laws, contracts and other documents.  Whenever
     4  the office of parks, recreation and historic preservation is referred to
     5  or  designated  in  any law contract or document pertaining to the func-
     6  tions, powers, obligations and duties transferred and assigned  pursuant
     7  to  this  act, such reference or designation shall be deemed to refer to
     8  the regional state park police as continued in  the  division  of  state
     9  police.
    10    §  7.  Pending actions or proceedings. No action or proceeding pending
    11  at the time when this act shall take effect, brought by or  against  the
    12  office  of parks, recreation and historic preservation pertaining to the
    13  regional state park police shall be affected by this act, but  the  same
    14  may be prosecuted or defended in the name of the superintendent or divi-
    15  sion  of state police. In all such actions and proceedings, the division
    16  of state police or the superintendent upon  application  to  the  court,
    17  shall be substituted as a party.
    18    § 8. Transfer of appropriations. All appropriations made to the office
    19  of  parks, recreation and historic preservation relating to the regional
    20  state park police, to the extent of remaining unexpended balances, shall
    21  be transferred by the comptroller to and made available for use  by  the
    22  division of state police, subject to the approval of the director of the
    23  budget,  for the payment of liabilities previously incurred by the func-
    24  tions transferred pursuant to this act.  Payments  for  liabilities  for
    25  expenses  of  personal  service,  maintenance  and  operation previously
    26  incurred by the transfer of functions and for liabilities  incurred  and
    27  to be incurred shall be made on vouchers or certificates approved by the
    28  superintendent of state police on audit and warrant of the comptroller.
    29    § 9. Transfer of assets and liabilities. All assets and liabilities of
    30  the  regional  state  park police shall be transferred to and assumed by
    31  the division of state police.
    32    § 10. Subdivision 3 of section 58 of the civil service law, as amended
    33  by chapter 561 of the laws of 2015, is amended to read as follows:
    34    3. As used in this section, the term "police officer" means  a  police
    35  officer  in  the  department  of  environmental  conservation, the state
    36  university police, [a member of the regional state  park  police]  or  a
    37  police  force,  police  department,  or  other organization of a county,
    38  city, town, village, housing  authority,  transit  authority  or  police
    39  district,  who  is responsible for the prevention and detection of crime
    40  and the enforcement of the general criminal laws of the state, but shall
    41  not include any person serving as such solely by virtue of  his  or  her
    42  occupying  any  other  office or position, nor shall such term include a
    43  sheriff, under-sheriff, commissioner  of  police,  deputy  or  assistant
    44  commissioner  of  police,  chief of police, deputy or assistant chief of
    45  police or any person having an equivalent  title  who  is  appointed  or
    46  employed to exercise equivalent supervisory authority.
    47    §  11.  Paragraphs  (a)  and (b) of subdivision 4 of section 58 of the
    48  civil service law, as amended by chapter 561 of the laws  of  2015,  are
    49  amended to read as follows:
    50    (a)  Any  person who has received provisional or permanent appointment
    51  in the competitive class of the civil service as  a  police  officer  of
    52  [the  regional  state  park  police,]  the  state university of New York
    53  police, the department of environmental conservation or any police force
    54  or police department of any county, city, town, village, housing author-
    55  ity, transit authority or police district shall be  eligible  to  resign
    56  from  any  police  force  or police department, and to be appointed as a

        S. 4647--A                          4

     1  police officer in the same or any other police force or  police  depart-
     2  ment  without satisfying the age requirements set forth in paragraph (a)
     3  of subdivision one of this section at the time of such second or  subse-
     4  quent appointment, provided such second or subsequent appointment occurs
     5  within thirty days of the date of resignation.
     6    (b)  Any  person who has received permanent appointment in the compet-
     7  itive class of the civil service as a police officer  of  [the  regional
     8  state park police,] the state university of New York police, the depart-
     9  ment of environmental conservation or any police force or police depart-
    10  ment  of  any  county,  city,  town, village, housing authority, transit
    11  authority or police district shall be eligible to resign from any police
    12  force or police department and, subject to such civil service  rules  as
    13  may  be  applicable,  shall  be  eligible  for reinstatement in the same
    14  police force or police department or in any other police force or police
    15  department to which he or she was eligible for transfer, without  satis-
    16  fying the age requirements set forth in paragraph (a) of subdivision one
    17  of  this  section at the time of such reinstatement, provided such rein-
    18  statement occurs within one year of the date of resignation.
    19    § 12. Paragraph 1 of subdivision c of section 381-b of the  retirement
    20  and  social security law, as amended by chapter 581 of the laws of 2001,
    21  is amended to read as follows:
    22    (1) Police service. In computing the years of total creditable service
    23  in such division, full credit shall be given and full allowance shall be
    24  made for service rendered as a police officer  or  member  of  a  police
    25  force or department of a state park authority or commission or an organ-
    26  ized police force or department of a county, city, town, village, police
    27  district,  authority  or  other  participating employer or member of the
    28  capital police force in the office of general services while a member of
    29  the New York state and local police and fire retirement system,  of  the
    30  New York state and local employees' retirement system or of the New York
    31  city  police  pension fund and for all service for which full credit has
    32  been given and full allowance made pursuant to the provisions of section
    33  three hundred seventy-five-h of this [chapter] article provided,  howev-
    34  er,  that  full  credit pursuant to the provisions of such section shall
    35  mean only such service as would be creditable service  pursuant  to  the
    36  provisions  of  section  three  hundred  eighty-three  or  section three
    37  hundred eighty-three-a or three hundred eighty-three-b enacted by  chap-
    38  ter six hundred seventy-seven of the laws of nineteen hundred eighty-six
    39  of  this [chapter] title or pursuant to the provisions of title thirteen
    40  of the administrative code of the  city  of  New  York  for  any  member
    41  contributing pursuant to this section who transferred to the division of
    42  state police or who transferred to the division of state police pursuant
    43  to  the chapter of the laws of two thousand twenty-one that amended this
    44  paragraph and who retired  on  or  after  the  effective  date  of  such
    45  chapter.
    46    §  13. Paragraph 5 of subdivision b of section 381-b of the retirement
    47  and social security law, as added by chapter 435 of the laws of 1997, is
    48  amended to read as follows:
    49    (5) Notwithstanding the provisions of this subdivision, members trans-
    50  ferred to the division of state police  pursuant  to  [a]  chapter  four
    51  hundred  thirty-five of the laws of nineteen hundred ninety-seven or the
    52  chapter of the laws of two thousand twenty-one that amended  this  para-
    53  graph,  upon  retirement shall receive either the allowances provided by
    54  this subdivision or those provided under the retirement system to  which
    55  they  participated  prior  to such transfer whichever allowance shall be
    56  the higher.

        S. 4647--A                          5

     1    § 14. Paragraph 3 of subdivision e of section 363-b of the  retirement
     2  and social security law, as added by chapter 435 of the laws of 1997, is
     3  amended to read as follows:
     4    3. Notwithstanding the provisions of this subdivision, a member trans-
     5  ferred  to  the  division  of  state police pursuant to [a] chapter four
     6  hundred thirty-five of the laws of nineteen hundred ninety-seven or  the
     7  chapter  of  the laws of two thousand twenty-one that amended this para-
     8  graph who files for a disability retirement under  this  section  for  a
     9  physical  or  mental  incapacity  attributable  to an injury or incident
    10  which occurred prior to such transfer, shall be eligible to file for the
    11  disability retirement benefits attributable to the  plan  applicable  to
    12  such  member before the transfer. In the case of a member transferred to
    13  the division pursuant to said chapter who files for a disability retire-
    14  ment under this section for a physical or mental incapacity attributable
    15  to an injury or incident which  occurs  after  such  transfer,  for  the
    16  purposes  of  calculating service credit required by subparagraph (b) of
    17  paragraph two of subdivision b of this section, service in  the  capital
    18  police  force  in  the  office  of  general  services  or service in the
    19  regional state park police  in  the  office  of  parks,  recreation  and
    20  historic preservation shall be considered service in the division.
    21    §  15.  Existing  rights  and remedies preserved. No existing right or
    22  remedy of any character shall be lost, impaired or affected by reason of
    23  this act.
    24    § 16. Construction with other laws. The provisions of this  act  shall
    25  supersede any inconsistent provisions of any other law.
    26    §  17.  Subdivision  4  of  section  9.05 of the parks, recreation and
    27  historic preservation law is REPEALED.
    28    § 18. Section 13.17 of the parks, recreation and historic preservation
    29  law is REPEALED.
    30    § 19. Severability. If  any  part,  section,  subdivision,  paragraph,
    31  subparagraph,  clause,  item, sentence or other part of this act, or the
    32  application thereof, to any individual person or set  of  circumstances,
    33  shall  be  held  to be invalid, such holding shall not affect, impair or
    34  invalidate the remainder of this act, or the application of such section
    35  or part of a section held invalid, to any other person or circumstances,
    36  but shall be confined in its  operation  to  the  section,  subdivision,
    37  paragraph,  subparagraph,  clause,  item, sentence or other part of this
    38  act directly involved in such holding, or to the specific person  and/or
    39  set of circumstances involved therein.
    40    § 20. 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  with
        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 2021 legislative session, we antic-
        ipate that there will be an increase of approximately  $1.4  million  in

        S. 4647--A                          6

        the  annual  contributions  of the State of New York for the fiscal year
        ending March 31, 2022. In future years, this cost will vary as the bill-
        ing rates and salary of the affected members change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $18.0 million which will
        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, 2022.
          These estimated costs are based on 245 affected  members  employed  by
        the State of New York, with annual salary of approximately $21.8 million
        as of March 31, 2020.
          Summary of relevant resources:
          Membership  data as of March 31, 2020 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2020 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2020
        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, 2020
        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 February 3,  2021,  and  intended  for  use  only
        during  the  2021  Legislative  Session,  is  Fiscal  Note  No. 2021-62,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
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