STATE OF NEW YORK ________________________________________________________________________ 5219 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. SOLAGES, WOERNER, McDONOUGH, WEPRIN, RAMOS, PHEF- FER AMATO, MILLER, STECK, COLTON -- read once and referred to the Committee on Governmental Employees 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 21 with the duty and shall have the power to classify and reclassify all EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09167-01-5
A. 5219 2 1 member positions in the division of state police, subject to the 2 approval of the director of the budget. Individuals who have successful- 3 ly completed probation in the positions of regional state park police 4 sergeant, lieutenant, captain and major shall be appointed to the posi- 5 tion of technical sergeant in the division of state police. No individ- 6 ual transferred to the division of state police pursuant to this act 7 shall suffer a reduction in salary. 8 The superintendent of state police, shall be charged generally with 9 the duty and shall have the power to allocate and reallocate to an 10 appropriate salary grade specified in section 215 of the executive law, 11 all member positions in the division of state police, subject to the 12 approval of the director of the budget. The superintendent of state 13 police shall allow employees transferred pursuant to this act credit for 14 all of the annual leave, sick leave, or personal leave standing to their 15 credit at the time of the transfer, but not in excess of the maximum 16 accumulation of such leave permitted by the division. Seniority for the 17 employees transferred pursuant to this act, for the purpose of determin- 18 ing vacation usage and certain work assignments among all members of the 19 division of state police, shall be from the effective date of the trans- 20 fer of functions effected by this act, and within such transfer group 21 seniority shall be as among themselves from the original date of perma- 22 nent appointment as regional state park police officers. For the purpose 23 of qualifying as eligible for competitive examinations in the division, 24 employees who transfer pursuant to this section shall meet the eligibil- 25 ity requirements as specified in the rules and regulations of the divi- 26 sion of state police except that those employees who transfer pursuant 27 to this section who, on the effective date of the transfer of functions 28 affected by this act, completed a minimum of four years of permanent 29 service in one or more of said titles, shall be eligible to compete in 30 the next scheduled promotional examination for the title of sergeant, 31 and shall not be required to meet the three-year member service require- 32 ment or the one-year probationary training term as required by such 33 rules and regulations. 34 § 3. Transfer of facilities, records, vehicles and equipment. The 35 commissioner of the office of parks, recreation and historic preserva- 36 tion shall transfer and deliver to the superintendent of state police 37 all facilities, vehicles, books, papers, records and equipment of the 38 regional state park police, to the division of state police so as to 39 enable the division of state police to carry out the transferred func- 40 tions set out in section one of this act. 41 § 4. Completion of unfinished business. Any business or other matter 42 undertaken or commenced by the office of parks, recreation and historic 43 preservation pertaining to or connected with the functions, powers, 44 obligations and duties transferred and assigned pursuant to this act to 45 the division and superintendent of state police, and pending on the 46 effective date of this act, may be conducted and completed by the divi- 47 sion and superintendent of state police in the same manner and under the 48 same terms and conditions and with the same effect as if conducted and 49 completed by the office of parks, recreation and historic preservation. 50 § 5. Continuation of rules and regulations. All rules, regulations, 51 acts, orders, determinations, and decisions of the office of parks, 52 recreation and historic preservation pertaining to the functions and 53 powers transferred and assigned pursuant to this act, in force at the 54 time of such transfer and assumption, shall continue in force and effect 55 as rules, regulations, acts, orders, determinations and decisions of the
A. 5219 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
A. 5219 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] such person was eligible for transfer, 16 without satisfying the age requirements set forth in paragraph (a) of 17 subdivision one of this section at the time of such reinstatement, 18 provided such reinstatement occurs within one year of the date of resig- 19 nation. 20 § 12. Paragraph 1 of subdivision c of section 381-b of the retirement 21 and social security law, as amended by chapter 187 of the laws of 2023 22 and subparagraph (ii) as amended by section 6 of part L of chapter 58 of 23 the laws of 2024, 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: 27 (i) for service rendered as a police officer or member of a police 28 force or department of a state park authority or commission or an organ- 29 ized police force or department of a county, city, town, village, police 30 district, authority or other participating employer or member of the 31 capital police force in the office of general services while a member of 32 the New York state and local police and fire retirement system, of the 33 New York state and local employees' retirement system or of the New York 34 city police pension fund; 35 (ii) for service rendered as an investigator or sworn officer of the 36 waterfront commission of New York harbor, for service rendered as an 37 investigator or sworn officer of the New York Waterfront Commission, for 38 service rendered as an investigator-trainee of the waterfront commission 39 of New York harbor, and for service rendered as an investigator-trainee 40 of the New York Waterfront Commission, that was creditable under subdi- 41 vision w of section three hundred eighty-four-d of this article; and 42 (iii) for all service for which full credit has been given and full 43 allowance made pursuant to the provisions of section three hundred 44 seventy-five-h of this [chapter] article provided, however, that full 45 credit pursuant to the provisions of such section shall mean only such 46 service as would be creditable service pursuant to the provisions of 47 section three hundred eighty-three or section three hundred eighty- 48 three-a or three hundred eighty-three-b enacted by chapter six hundred 49 seventy-seven of the laws of nineteen hundred eighty-six of this [chap- 50 ter] article or pursuant to the provisions of title thirteen of the 51 administrative code of the city of New York for any member contributing 52 pursuant to this section who transferred to the division of state police 53 or who transferred to the division of state police pursuant to the chap- 54 ter of the laws of two thousand twenty-five that amended this paragraph 55 and who retired on or after the effective date of such chapter.
A. 5219 5 1 § 13. Paragraph 5 of subdivision b of section 381-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 (5) Notwithstanding the provisions of this subdivision, members 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-five that amended this para- 8 graph, upon retirement shall receive either the allowances provided by 9 this subdivision or those provided under the retirement system to which 10 they participated prior to such transfer whichever allowance shall be 11 the higher. 12 § 14. Paragraph 3 of subdivision e of section 363-b of the retirement 13 and social security law, as added by chapter 435 of the laws of 1997, is 14 amended to read as follows: 15 3. Notwithstanding the provisions of this subdivision, a member trans- 16 ferred to the division of state police pursuant to [a] chapter four 17 hundred thirty-five of the laws of nineteen hundred ninety-seven or the 18 chapter of the laws of two thousand twenty-five that amended this para- 19 graph who files for a disability retirement under this section for a 20 physical or mental incapacity attributable to an injury or incident 21 which occurred prior to such transfer, shall be eligible to file for the 22 disability retirement benefits attributable to the plan applicable to 23 such member before the transfer. In the case of a member transferred to 24 the division pursuant to said chapter who files for a disability retire- 25 ment under this section for a physical or mental incapacity attributable 26 to an injury or incident which occurs after such transfer, for the 27 purposes of calculating service credit required by subparagraph (b) of 28 paragraph two of subdivision b of this section, service in the capital 29 police force in the office of general services or service in the 30 regional state park police in the office of parks, recreation and 31 historic preservation shall be considered service in the division. 32 § 15. Existing rights and remedies preserved. No existing right or 33 remedy of any character shall be lost, impaired or affected by reason of 34 this act. 35 § 16. Construction with other laws. The provisions of this act shall 36 supersede any inconsistent provisions of any other law. 37 § 17. Subdivision 4 of section 9.05 of the parks, recreation and 38 historic preservation law is REPEALED. 39 § 18. Section 13.17 of the parks, recreation and historic preservation 40 law is REPEALED. 41 § 19. Severability. If any part, section, subdivision, paragraph, 42 subparagraph, clause, item, sentence or other part of this act, or the 43 application thereof, to any individual person or set of circumstances, 44 shall be held to be invalid, such holding shall not affect, impair or 45 invalidate the remainder of this act, or the application of such section 46 or part of a section held invalid, to any other person or circumstances, 47 but shall be confined in its operation to the section, subdivision, 48 paragraph, subparagraph, clause, item, sentence or other part of this 49 act directly involved in such holding, or to the specific person and/or 50 set of circumstances involved therein. 51 § 20. This act shall take effect immediately.