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

                                  7453

                            I N  S E N A T E

                             April 12, 2010
                               ___________

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 rules and  regulations
  promulgated by the superintendent relating to disciplinary proceedings

  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. 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 twen-
ty-nine  years except that in the superintendent's discretion, the maxi-
mum 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 twen-
ty-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 apply to persons appointed to the positions of counsel,  first
assistant  counsel,  assistant counsel, and assistant deputy superinten-
dent 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 superintendent. Appointments shall be  made  for  a  probationary
period  which, in the case of appointees required to attend and complete
a basic training 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 probationary period of one  year  from  the  date  of  appointment.

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

                                                           LBD03872-01-9

S. 7453                             2

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. ANY SUCH RULE OR REGULATION  RELATING  TO
THE  FORMAL  DISCIPLINARY  HEARING OF A MEMBER OF THE STATE POLICE WHICH
PROVIDES FOR DESIGNATION OF OFFICERS BY THE SUPERINTENDENT TO A  HEARING
BOARD  SHALL  REQUIRE  AN EQUAL NUMBER OF REPRESENTATIVES TO BE NAMED BY
THE SUPERINTENDENT AND CERTIFIED OR RECOGNIZED  EMPLOYEE  REPRESENTATIVE
ORGANIZATION  OF  THE  ACCUSED  MEMBER. AN ADDITIONAL NEUTRAL PARTY, WHO
SHALL NOT BE A MEMBER OR OFFICER OF THE DIVISION OF STATE POLICE,  SHALL
SIT ON SUCH HEARING BOARD AND SHALL SERVE AS HEARING OFFICER. SUCH ADDI-
TIONAL  MEMBER  SHALL BE CHOSEN JOINTLY BY THE SUPERINTENDENT AND CERTI-
FIED OR RECOGNIZED EMPLOYEE REPRESENTATIVE ORGANIZATION OF  THE  ACCUSED
MEMBER  IN  A  MANNER AGREED UPON BY THE SUPERINTENDENT AND CERTIFIED OR
RECOGNIZED EMPLOYEE REPRESENTATIVE ORGANIZATION OF THE  ACCUSED  MEMBER.
The superintendent is authorized to charge a fee of twenty dollars as an
application  fee  for any person applying to take a competitive examina-
tion 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.