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

                                  4801

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to longevity in title for
  investigative employees of the division of state police

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

  Section  1.  Subdivision  3  of  section  215 of the executive law, as
amended by chapter 478 of the laws  of  2004,  is  amended  to  read  as
follows:
  3.  The  sworn members of the New York state police shall be appointed
by the superintendent and permanent appointees may  be  removed  by  the
superintendent  only after a hearing.  MEMBERS WHO HAVE BEEN ASSIGNED OR
APPOINTED AS INVESTIGATORS OR SENIOR  INVESTIGATORS  IN  THE  BUREAU  OF
CRIMINAL  INVESTIGATION  OR AS A STATION COMMANDER, ZONE COMMANDER, ZONE
SERGEANT, FIRST SERGEANT, CAPTAIN OR MAJOR FOR A PERIOD OF THREE CONTIN-
UOUS YEARS OR MORE MAY BE REMOVED OR DEMOTED  FROM  SUCH  ASSIGNMENT  OR
APPOINTMENT  ONLY  AFTER  A  HEARING, THE PROCEDURE OF WHICH SHALL BE IN
ACCORDANCE WITH REGULATIONS  ADOPTED  BY  THE  SUPERINTENDENT  OF  STATE
POLICE;  PROVIDED,  HOWEVER,  THAT  A HEARING SHALL NOT BE REQUIRED WHEN
REDUCTION IN RANK FROM SUCH POSITION IS BASED SOLELY ON REASONS  OF  THE
ECONOMY,  CONSOLIDATION OR ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIV-
ITIES OR OTHERWISE. No person shall be appointed to the New  York  state
police  force  as  a sworn member unless he or she shall be a citizen of
the United States, between the ages of twenty-one and twenty-nine  years
except  that  in the superintendent's discretion, the maximum age may be
extended to thirty-five years. Notwithstanding any  other  provision  of
law  or  any  general  or  special law to the contrary the time spent on
military duty, not exceeding a total of six years, shall  be  subtracted
from  the  age  of  any applicant who has passed his or her twenty-ninth
birthday, solely for the purpose of permitting qualification as  to  age
and  for  no other purpose. Such limitations as to age however shall not

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10434-01-9
              

S. 4801                             2

apply to persons appointed to the positions of counsel, first  assistant
counsel,  assistant  counsel,  and  assistant  deputy superintendent for
employee relations nor to any person appointed to the bureau of criminal
investigation  pursuant  to  section two hundred sixteen of this article
nor shall any person be appointed unless he or she has fitness and  good
moral  character and shall have passed a physical and mental examination
based upon standards provided by the rules and regulations of the super-
intendent. Appointments shall be made for a probationary  period  which,
in the case of appointees required to attend and complete a basic train-
ing  program  at the state police academy, shall include such time spent
attending the basic school  and  terminate  one  year  after  successful
completion thereof. All other sworn members shall be subject to a proba-
tionary  period  of  one  year  from  the date of appointment. Following
satisfactory completion of the probationary period the member shall be a
permanent appointee. Voluntary resignation or withdrawal  from  the  New
York  state  police  during  such  appointment shall be submitted to the
superintendent for approval.   Reasonable  time  shall  be  required  to
account  for  all  equipment  issued  or for debts or obligations to the
state to be satisfied.  Resignation  or  withdrawal  from  the  division
during  a  time  of emergency, so declared by the governor, shall not be
approved if contrary to the best interest of the state and  shall  be  a
misdemeanor.  No  sworn  member  removed  from the New York state police
shall be eligible for reappointment. The superintendent shall make rules
and regulations subject to approval by the governor for  the  discipline
and  control  of  the  New York state police and for the examination and
qualifications of applicants for appointment as members thereto and such
examinations shall be held and conducted by the  superintendent  subject
to  such  rules  and  regulations.  The  superintendent is authorized to
charge a fee of twenty dollars as an  application  fee  for  any  person
applying  to take a competitive examination for the position of trooper,
and a fee of five dollars for any competitive examination for a civilian
position. The superintendent shall promulgate regulations subject to the
approval of the director of the budget, to provide for a waiver  of  the
application fee when the fee would cause an unreasonable hardship on the
applicant and to establish a fee schedule and charge fees for the use of
state police facilities.
  S 2. This act shall take effect immediately.