Senate Bill S7898

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7898
 
                             I N  S E N A T E
 
                               March 7, 2018
                                ___________
 
 Introduced by Sens. GALLIVAN, BONACIC -- 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 sworn members of the
   New York 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,  STAFF  SERGEANT,  CHIEF  TECHNICAL  SERGEANT,
 TECHNICAL  LIEUTENANT, CAPTAIN OR MAJOR FOR A PERIOD OF THREE CONTINUOUS
 YEARS OR MORE MAY BE REMOVED OR DEMOTED FROM SUCH ASSIGNMENT OR APPOINT-
 MENT 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 exceed-
 ing a total of six years, shall be subtracted from the age of any appli-
 cant 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 apply to persons  appointed
 to the positions of counsel, first assistant counsel, assistant counsel,
 and  assistant  deputy  superintendent for employee relations nor to any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15035-01-8

 S. 7898                             2
 
 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. Appoint-
 ments 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. 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 equip-
 ment 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  reappoint-
 ment.  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 regu-
 lations. The superintendent is authorized to  charge  a  fee  of  twenty
 dollars  as an application fee for any person applying to take a compet-
 itive examination for the position of trooper, and a fee of five dollars
 for any competitive examination for a civilian position. The superinten-
 dent shall promulgate regulations subject to the approval of the  direc-
 tor  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.