NY State Senate Bill 2011-S4737

Senate Bill S4737

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to civil service and pensions
Apr 18, 2011	referred to civil service and pensions

co-Sponsors

2011-S4737 (ACTIVE) - Details

See Assembly Version of this Bill:: A4740
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §58, Civ Serv L
Versions Introduced in 2009-2010 Legislative Session:: S8059, A4395

2011-S4737 (ACTIVE) - Summary

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

2011-S4737 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4737

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:
1999-00: A.8302 - Assembly Governmental Employees
2001-02: A.3063/S.1761 - Passed Assembly/Senate Civil Service
2003-04: A.1219/S.618  - Passed both Houses, Vetoed by Governor
2005-06: A.7627/S.4477 - Passed Assembly/Senate Rules
2007-08: A.2176/S.1891 - Assembly Gov Emps/Senate Civil Service
2009-10: A.4395/S.8059 - Passed both Houses, Vetoed by Governor

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S4737 (ACTIVE) - Bill Text download pdf

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

                                  4737

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 18, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08740-01-1

S. 4737                             2

second or subsequent 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 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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Senate Bill S4737

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Sponsored By

Martin J. Golden