S T A T E O F N E W Y O R K
________________________________________________________________________
7139
2017-2018 Regular Sessions
I N A S S E M B L Y
April 10, 2017
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Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee 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, OR CURTAILMENT OF
ACTIVITIES. 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.
LBD10724-02-7
A. 7139 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.
§ 2. This act shall take effect immediately.