senate Bill S468

Provides criteria for the appointment of the superintendent of state police

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO FINANCE
  • 10 / May / 2011
    • 1ST REPORT CAL.575
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 20 / Mar / 2012
    • 1ST REPORT CAL.382
  • 21 / Mar / 2012
    • 2ND REPORT CAL.
  • 22 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 18 / Apr / 2012
    • PASSED SENATE
  • 18 / Apr / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Apr / 2012
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Provides criteria for the appointment of the superintendent of state police by the governor, upon the advice and consent of the Senate, for a fixed term of three years.

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Bill Details

Versions:
S468
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง210, Exec L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S6988
2007-2008: S6434A

Sponsor Memo

BILL NUMBER:S468

TITLE OF BILL:
An act
to amend the executive law, in relation to the appointment of the
superintendent of state police

PURPOSE OR GENERAL IDEA OF BILL:
To impose a fixed three year term of service for the Superintendent of
the state police subject to the advice and consent of the State Senate.

SUMMARY OF SPECIFIC PROVISIONS:
Section 210 of the executive law is amended by Chapter 169 of the laws
of 1994.

JUSTIFICATION:
The superintendent of the State Police is the most important law
enforcement official in New York State and as such the position of
Superintendent must remain independent.

By changing the law to set a fixed term subject to advice and consent
of the state Senate, this law would ensure the independence of the
Superintendent and enhance accountability for the people of New York
State.

PRIOR LEGISLATIVE HISTORY:
S.6434A of 2007/2008
S.6988 of 2009/2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   468

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 the appointment of the
  superintendent of state police

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

  Section 1. Section 210 of the executive law, as amended by chapter 169
of the laws of 1994, is amended to read as follows:
  S 210. Division  of  state police. The division of state police in the
executive department shall be known as the "New York State Police."  The
head  of  the New York state police shall be the superintendent of state
police who shall be appointed by the governor by and with the advice and
consent of the senate, and hold office [during his or her pleasure]  FOR
FIXED THREE-YEAR TERMS, SUBJECT TO REAPPOINTMENT FOR ADDITIONAL TERMS OR
TO  TERMINATION OF SERVICE BY THE GOVERNOR AND SUBJECT TO THE ADVICE AND
CONSENT OF THE SENATE. The superintendent shall be a member of the state
police, shall receive as salary such sum as may be appropriated by  law,
and shall accrue such leave credits and be eligible for the same retire-
ment benefits, service credits and other benefits as any other member of
the state police. If, prior to appointment, the superintendent served as
a  member  of  the  state  police, he or she, upon appointment, shall be
entitled to continue to accrue and receive such credits and benefits  as
he  or  she  would  have  been  entitled  to accrue and receive prior to
appointment.
  If, prior to his or her appointment,  the  superintendent  shall  have
served  as  a  member  of  the State Police for a period of ten years or
more, he or she shall, provided he or she is not  eligible  for  retire-
ment,  upon  EXPIRATION  OR termination of service as superintendent, be
reappointed, without examination, as a member of the state police in the
grade held by  him  or  her  prior  to  appointment  as  superintendent,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01269-01-1

S. 468                              2

notwithstanding  the  absence  of  any  vacancy in such grade.   For the
purpose of determining the annual salary to be paid upon such reappoint-
ment, the period of  service  as  superintendent  shall  be  counted  as
service in the grade to which reappointed.
  S 2. This act shall take effect immediately.

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