Bill Text: NY A05746 | 2011-2012 | General Assembly | Introduced


Bill Title: Designates certain officers of the police department of the Port Authority of New York and New Jersey as detectives.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2012-06-20 - REFERRED TO RULES [A05746 Detail]

Download: New_York-2011-A05746-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5746
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2011
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Corporations, Authorities and Commissions
       AN  ACT  to  amend chapter 154 of the laws of 1921, relating to the Port
         Authority of New York and New Jersey, in relation to  the  designation
         as detective in certain instances
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1 of chapter 154 of the laws of 1921,  relating  to
    2  the  Port  Authority  of New York and New Jersey, is amended by adding a
    3  new article 15-B to read as follows:
    4                                ARTICLE XV-B
    5    1. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PORT AUTHORITY
    6  OF NEW YORK AND NEW JERSEY POLICE DEPARTMENT  DESIGNATION  AS  DETECTIVE
    7  ACT."
    8    2.  LEGISLATIVE  FINDINGS  AND  DECLARATION. A. THE LEGISLATURE HEREBY
    9  FINDS AND DECLARES THAT IT  IS  FREQUENTLY  IMPRACTICABLE  TO  ASCERTAIN
   10  FITNESS  FOR THE POSITION OF DETECTIVE WITHIN VARIOUS POLICE DEPARTMENTS
   11  AROUND THE STATE BY MEANS OF A COMPETITIVE EXAMINATION DUE TO THE UNIQUE
   12  NATURE OF THE DUTIES ASSIGNED  AND  THE  INTANGIBLE  PERSONAL  QUALITIES
   13  NEEDED  TO  PERFORM  SUCH  DUTIES.  THE  LEGISLATURE  FURTHER FINDS THAT
   14  COMPETITIVE EXAMINATION HAS NEVER BEEN EMPLOYED IN MANY  POLICE  DEPART-
   15  MENTS,  TO  ASCERTAIN  FITNESS FOR THE POSITION OF DETECTIVE WITHIN SUCH
   16  POLICE DEPARTMENTS; SUCH FITNESS HAS ALWAYS BEEN  DETERMINED  BY  EVALU-
   17  ATION OF THE CAPABILITIES OF AN INDIVIDUAL (WHO HAS IN ANY CASE RECEIVED
   18  PERMANENT  APPOINTMENT TO THE POSITION OF POLICE OFFICER) BY SUPERVISORY
   19  PERSONNEL.   THE  LEGISLATURE  FURTHER  FINDS  THAT  AN  INDIVIDUAL  WHO
   20  PERFORMS IN AN INVESTIGATORY POSITION IN A MANNER SUFFICIENTLY SATISFAC-
   21  TORY  TO  THE  APPROPRIATE  SUPERVISORS TO HOLD SUCH AN ASSIGNMENT FOR A
   22  CUMULATIVE PERIOD OF EIGHTEEN MONTHS, HAS DEMONSTRATED FITNESS  FOR  THE
   23  POSITION  OF  DETECTIVE WITHIN SUCH POLICE DEPARTMENT AT LEAST AS SUFFI-
   24  CIENTLY AS COULD BE ASCERTAINED BY MEANS OF A COMPETITIVE EXAMINATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09540-01-1
       A. 5746                             2
    1    B. IN THE JURISDICTION OF THE PORT  AUTHORITY  OF  NEW  YORK  AND  NEW
    2  JERSEY POLICE DEPARTMENT, A JURISDICTION WHICH DOES NOT ADMINISTER EXAM-
    3  INATIONS  FOR  DESIGNATION  TO  DETECTIVE,  ANY  PERSON WHO HAS RECEIVED
    4  PERMANENT APPOINTMENT TO THE POSITION OF POLICE OFFICER AND IS TEMPORAR-
    5  ILY  ASSIGNED  TO THE DUTIES OF A DETECTIVE SHALL, WHENEVER SUCH ASSIGN-
    6  MENT TO THE DUTIES OF A DETECTIVE EXCEEDS A CUMULATIVE PERIOD  OF  EIGH-
    7  TEEN  MONTHS,  BE  PERMANENTLY DESIGNATED AS A DETECTIVE AND RECEIVE THE
    8  COMPENSATION ORDINARILY PAID TO PERSONS IN SUCH DESIGNATION.
    9    S 2. This act shall take effect upon the enactment  into  law  by  the
   10  state  of New Jersey of legislation having an identical effect with this
   11  act, but if the state of New Jersey  shall  have  already  enacted  such
   12  legislation  this act shall take effect immediately. The chairman of the
   13  port authority shall notify the  legislative  bill  drafting  commission
   14  upon  the  occurrence  of  article 15-B in order that the commission may
   15  maintain an accurate and timely effective data base of the official text
   16  of the laws of the state of New York in  furtherance  of  effecting  the
   17  provisions  of section 44 of the legislative law and section 70-b of the
   18  public officers law.
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