NY State Senate Bill 2017-S5463

Senate Bill S5463

2017-2018 Legislative Session

Relates to the longevity in title for investigative employees of the division of state police

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance returned to senate died in assembly
Jun 14, 2017	referred to governmental employees delivered to assembly passed senate
Jun 05, 2017	advanced to third reading
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1279
Mar 29, 2017	referred to finance

Votes

- Jun 14, 2017 - Floor Vote
  S5463
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2017
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  May 23, 2017 - Finance Committee Vote
  S5463
  
  36
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 23, 2017
      
      aye (36)
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Diaz
      
      Dilan
      
      Felder
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Kaminsky
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      O'Mara
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (1)
      
      LaValle

co-Sponsors

2017-S5463 (ACTIVE) - Details

See Assembly Version of this Bill:: A7139
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §215, Exec L

2017-S5463 (ACTIVE) - Summary

Relates to the longevity in title for investigative employees of the division of state police.

2017-S5463 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5463

 TITLE OF BILL :  An act to amend the executive law, in relation to
longevity in title for investigative employees of the division of
state police

 PURPOSE :

The purpose of this legislation is to provide that in the event of a
planned demotion Bureau of Criminal Investigation (BCI) investigators
and senior investigators, as well as station commanders, zone
commanders, zone sergeants, first sergeants, captains and majors
within the Division of State Police shall have the right to a hearing
similar to that provided to police officials of similar rank in other
police departments in New York State.

 SUMMARY OF PROVISIONS :

Amends, Section 215 of the Executive Law to provide that
investigators, senior investigators, station commanders, zone
commanders, zone sergeants, first sergeants, captains and majors
within the Division of State Police who have completed three
continuous years or more shall not be demoted without a hearing,
except in those instances when the reduction in rank is based solely
on reasons of the economy, consolidation or abolition of functions, or
curtailment of activities.

 JUSTIFICATION :

There are currently more than 1100 members of the Division of State
Police holding the rank of Investigator or Senior Investigator. These
members are the detectives within the Division of State Police
detectives, assigned to the BCI. They work in plain clothes in various
criminal investigation capacities and constitute approximately 25% of
the sworn membership of the Division. The positions of Investigator
and Senior Investigator are made by the Superintendent based on skill,
experience and performance.

This legislation would simply extend to the those holding the titles
mentioned in the legislation the same rights to a hearing now
available to personnel on other police departments within New York
State in the event of a demotion; namely that after three continuous
years of service in such positions, they may only be removed in
accordance with the protection afforded by section 75 of the Civil
Service Law. This measure would not prevent a reduction in rank
without a hearing if it is based upon reasons of economy,
consolidation or abolition of functions.

Promotion to the BCI and the other titles noted in the legislation
should come with the same basic protection of a right to a hearing
upon demotion that is provided to personnel in other police
departments in New York State.

 LEGISLATIVE HISTORY :

Similar legislation was last introduced in 2002 as A.10296/S.4417. The
passed the Assembly and was referred to the Senate Rules Committee.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S5463 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5463
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2017
                                ___________
 
 Introduced  by  Sen. 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 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

 S. 5463                             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.

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Senate Bill S5463

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Sponsored By

John J. Bonacic