NY State Senate Bill 2009-S8059

Senate Bill S8059

Vetoed By Governor

2009-2010 Legislative Session

Includes state university of New York police in provisions permitting transfer of police officers

download bill text pdf

Archive: Last Bill Status Via A4395 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 30, 2010	tabled vetoed memo.6773
Aug 18, 2010	delivered to governor
Jun 25, 2010	returned to assembly passed senate 3rd reading cal.1249 substituted for s8059
Jun 25, 2010	substituted by a4395 ordered to third reading cal.1249
Jun 14, 2010	committee discharged and committed to rules
Jun 03, 2010	referred to civil service and pensions

Votes

- Jun 25, 2010 - Floor Vote
  A4395
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 25, 2010
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (2)
      
      Larkin
      
      Morahan
  Jun 25, 2010 - Rules Committee Vote
  S8059
  
  19
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 25, 2010
      
      aye (19)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Montgomery
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Hannon
      
      Volker
      
      absent (1)
      
      Padavan
      
      excused (1)
      
      Larkin

2009-S8059 (ACTIVE) - Details

See Assembly Version of this Bill:: A4395
Law Section:: Civil Service Law
Laws Affected:: Amd §58, Civ Serv L
Versions Introduced in 2011-2012 Legislative Session:: S4737, A4740

2009-S8059 (ACTIVE) - Summary

Includes state university of New York police in provisions permitting transfer of police officers to certain police employers.

2009-S8059 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8059

TITLE OF BILL:
An act
to amend the civil service law, in relation to including state
university of New York police officers in provisions permitting transfer
of police officers

PURPOSE OR GENERAL IDEA OF BILL:
To grant New York State University police parity with other police
officers by allowing them to laterally transfer to other police
forces or departments listed in section 58(4) of the civil service law.

SUMMARY OF SPECIFIC PROVISIONS:
Amends subdivision 3 and paragraphs (a) and (b) of subdivision 4 of
section 58 of the civil service law.

JUSTIFICATION:
Chapter 424 of the laws of 1998 granted police status to SUNY police
officers who were at the time peace officers. Under this new
authority, these officials are able to make arrests, conduct lawful
searches and seizures, execute warrants, investigate crimes, issue
appearance tickets, operate marked patrol cars, respond in uniform to
crimes in progress and enforce all penal and vehicle and traffic laws
of New York State.

Current law does not provide SUNY police the ability to transfer to
another police force or department. Section 58 of the civil service
law states that "any person who has received provisional or permanent
appointment in the competitive class of the civil service as a police
officer of the regional park police or any police force or police
department of any county, city, town, village, housing authority,
transit authority or police district" shall be eligible to resign and
be appointed (i.e. transferred) to another police force or department
listed in this section. It further states that the age requirement
shall be waived provided that "such second or subsequent appointments
occurs within 30 days of the date of resignation. Because SUNY police
officers are not employed by an entity listed in section 58, there is
no authority for these police officers to transfer to other forces or
departments listed.

SUNY police are hired from a competitive civil service list,
established using the same civil service test taken by municipal
police officers on the same exam dates and locations. SUNY police
must pass both health and psychological exams prescribed and
conducted by the NYS Department of Civil Service. They must pass the
same physical tests as municipal police officers, using the Cooper
Standards, administered by qualified physical fitness examiners
certified by the NYS Department of Criminal Justice Services.

The SUNY police are seeking parity in relation to the benefit granted
other police officers. This legislation will afford SUNY police
officers
the opportunity to laterally transfer to another police force or
department.

PRIOR LEGISLATIVE HISTORY:
1999-2000 A.8302 - Assembly Governmental Employees
2001-2002 A.3063/S.1761 - Passed Assembly/Senate Civil Service
2003-2004 A.1219/S.618 - Passed both Houses, Vetoed by Governor
2005-2006 A.7627/S.4477 - Passed Assembly/Senate Rules
2007-2008 A.2176/S.1891 - Assembly Gov Emps/Senate Civil Service

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2009-S8059 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8059

                            I N  S E N A T E

                              June 3, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- 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, in relation to including state
  university of New York police officers in provisions permitting trans-
  fer of police officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 3 and paragraphs (a) and (b) of subdivision 4
of section 58 of the civil service law, as amended by chapter 435 of the
laws of 1997, are amended to read as follows:
  3. As used in this section, the term "police officer" means  a  member
of  the  regional  state  park  police, THE STATE UNIVERSITY OF NEW YORK
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
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.
  (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 or
any police force  or  police  department  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 to
be appointed as a police officer in the same or any other  police  force
or  police  department without satisfying the age requirements set forth
in paragraph (a) of subdivision one of this section at the time of  such
second  or  subsequent  appointment,  provided such second or subsequent
appointment occurs within thirty days of the date of resignation.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02534-01-9

S. 8059                             2

  (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 or any police
force or police department 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 rein-
statement in the same police force or police department or in any  other
police force or police department to which he was eligible for transfer,
without  satisfying  the  age requirements set forth in paragraph (a) of
subdivision one of this section  at  the  time  of  such  reinstatement,
provided such reinstatement occurs within one year of the date of resig-
nation.
  S 2. This act shall take effect immediately.

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