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

                                  7173

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2009
                               ___________

Introduced by M. of A. ABBATE, PHEFFER, DenDEKKER, TOWNSEND, SALADINO --
  read once and referred to the Committee on Governmental Employees

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
              

A. 7173                             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.