NY State Senate Bill S3938

Archive: Last Bill Status - In Senate Committee Finance Committee

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

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view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
Feb 21, 2019	referred to finance

Co-Sponsors

S3938 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§210 & 211, add §210-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7104
2011-2012: S400
2013-2014: S3437
2015-2016: S2676
2017-2018: S5019
2021-2022: S1332
2023-2024: S1145

S3938 (ACTIVE) - Summary

Relates to the appointment and reporting duties of the superintendent of the state police and to the appointment of employees of the state police.

S3938 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3938

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the executive law, in relation to the appointment and
reporting duties of the superintendent of the state police and the
appointment of employees of the state police

 
PURPOSE OR GENERAL IDEA OF BILL:

Under this legislation, the Superintendent shall he appointed by the
Governor, with the advice and consent of the Senate, to a single seven
year term. The First Deputy Superintendent shall likewise be subject to
Senate confirmation, but he shall serve at the discretion of the Super-
intendent. The Legislature shall have the authority to remove the Super-
intendent from his or her position through a majority vote in both hous-
es. The Governor's powers to remove public officers under the Public
Officers Law have been notwithstood in relation to the removal of the
Superintendent. The Superintendent shall also be removed from office in
accordance to sections (e), (f) and (g) of the Public Officers Law.

In the event the Superintendent resigns or is no longer able to perform
his or her duties before the end of the seven-year term, the First Depu-
ty Superintendent shall become Superintendent. If the Governor does not
appoint a new Superintendent within 45 days of the Superintendent leav-
ing his or her position, the First Deputy Superintendent shall assume
the position for the remainder of the previous Superintendent's term.
After completing the remainder of the previous Superintendent's term,
the First Deputy Superintendent shall be eligible to serve another term
in his or her own right.

Further, the responsibilities of the Superintendent are expanded to
include the submission of annual reports to the Legislature detailing
the inter- and intra-governmental activities of the State police in the
most recent fiscal year. The Superintendent shall not be required to
include in the report information that is privileged or confidential.
The reports shall include:

* Information detailing any special requests from the Executive and the
Legislature for services of the State police beyond traditional services
provided by the state police;

* Any additional information provided by the State police to the Gover-
nor, his or her staff and the Legislature beyond the traditional report-
ing requirements of the State police and for what purposes, which would
be provided at the discretion of the Superintendent;

* Any special disciplinary actions taken by the Superintendent regarding
inter or intra governmental affairs involving State Police personnel
based upon special requests made to the State Police by the Executive,
the Legislature and the any other public or quasi public entity;

* Requests for information of any kind other than the traditional infor-
mation provided by the State Police from any Executive branch, Legisla-
tive branch, public authority or local government entities;

* The report shall include a certification signed by both the super-
intendent and the Administrator of the state police Executive Service
unit attesting that the information provided is true to the best of his
or her knowledge. If such certification is found to be false, untrue or
fraudulent, the superintendent may be subject to removal by the Legisla-
ture.

The Senate Majority Leader and Assembly Speaker shall call for the
superintendent to testify every two years to review the personnel and
administrative activities of the State police along with future plans
and initiatives of the agency. The bill would also require a two year
rotation of every civilian and sworn officer assigned to the state
police Executive Service Unit or any State police unit involved in secu-
rity and/or protection of elected and/or public officials.

 
JUSTIFICATION:

A string of scandals involving the superintendent of the State police
and elected state officials has exposed how this law enforcement agency
is prone to dangerous levels of political influence. Such meddling
between politics and policing, whether perceived or actual, undermines
public confidence. Therefore it is imperative steps are taken to shield
the State police from political influences and to ensure it is not
swayed by them.

To achieve these goals, this legislation would make the appointment of
the superintendent of the State police similar to that of the Director
of the Federal Bureau of Investigations, as outlined in the U.S. Omnibus
Crime Control and Safe Streets Act of 1968 and the Crime Control Act of
1976. under this legislation, the superintendent would no longer serve
at the will of the Governor and instead be tenured to a single seven
year term; thus limiting lawmakers' ability to intimidate the Super-
intendent into engaging in activities that violate the rules of conduct
for the State police.

To ensure the State police has not acted in response to or for the sake
of political motives, the Superintendent shall be required to brief the
Legislature on the inter- and intra-governmental activities of the agen-
cy in annual reports and at biennial hearings.

 
LEGISLATIVE HISTORY:

2017-18: S.5019 - Finance
2015-16: S.2676 - Finance
2013-14: S.3437 - Finance
2011-12: S.400 - Finance
2009-10: S.7104/A.10299 - Jeffries - Finance/Ways and Means

 
FISCAL IMPACTS:

None. The existing staff will be expected to compile the annual reports
required by this bill.

 
EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the date
upon which it shall have become a law.

S3938 (ACTIVE) - Bill Text download pdf


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

                                  3938

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 21, 2019
                               ___________

Introduced  by  Sens.  KRUEGER,  BAILEY,  BRESLIN, LIU, PARKER, SERRANO,
  STAVISKY -- 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 and
  reporting duties of the superintendent of the  state  police  and  the
  appointment of employees of the 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:
  § 210. Division of state police. (A) The division of state  police  in
the executive department shall be known as the "New York State Police."
  (B) (1) The head of the New York state police shall be the superinten-
dent  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.  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 retirement
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  enti-
tled  to  continue to accrue and receive such credits and benefits as he
or she would have been entitled to accrue and receive prior to  appoint-
ment.
  (2) 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  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, notwithstanding
the absence of any vacancy in such grade.  For the purpose of  determin-

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

                                                           LBD08617-01-9

S. 3938                             2

ing  the annual salary to be paid upon such reappointment, the period of
service as superintendent shall be counted as service in  the  grade  to
which reappointed.
  (3) TRADITIONAL SERVICES MEANS AS FOLLOWS: TO PROTECT PEOPLE AND PROP-
ERTY; TO PREVENT AND DETECT CRIME AND OTHER VIOLATIONS OF LAW AND PURSUE
CRIMINAL INVESTIGATIONS AND ARREST CRIMINALS; TO MAKE ROADS SAFE FOR ALL
USERS;  TO  REDUCE  THE  DEATHS,  INJURIES AND PROPERTY DAMAGE CAUSED BY
MOTOR VEHICLE ACCIDENTS THROUGH  VEHICLE  AND  TRAFFIC  ENFORCEMENT  AND
EDUCATION;  TO  PROVIDE  DISORDER  CONTROL  AND SECURITY IN ALL TYPES OF
NATURAL AND MAN-MADE EMERGENCIES; TO PROVIDE FOR THE SAFETY AND SECURITY
OF INDIVIDUALS AND GROUPS OF CITIZENS IN FURTHERANCE  OF  THEIR  RIGHTS,
DUTIES  AND RESPONSIBILITIES; AND TO SUPPORT OTHERS BY CREATING PARTNER-
SHIPS FOR SAFETY AND SECURITY WITH INDIVIDUALS, GROUPS  AND  COMMUNITIES
THROUGHOUT THE STATE.
  (4) EFFECTIVE WITH RESPECT TO ANY INDIVIDUAL APPOINTMENT BY THE GOVER-
NOR,  BY  AND  WITH  THE ADVICE AND CONSENT OF THE SENATE, AFTER JANUARY
FIRST, TWO THOUSAND NINETEEN, THE TERM OF SERVICE OF THE  SUPERINTENDENT
OF THE STATE POLICE SHALL BE SEVEN YEARS. A SUPERINTENDENT MAY NOT SERVE
MORE  THAN  ONE  SEVEN-YEAR  TERM.   THE APPOINTMENT OF THE FIRST DEPUTY
SUPERINTENDENT SHALL ALSO BE SUBJECT TO SENATE CONFIRMATION.
  (5) NOTWITHSTANDING SECTIONS THIRTY-THREE AND  THIRTY-THREE-A  OF  THE
PUBLIC  OFFICERS  LAW, A SUPERINTENDENT SHALL BE REMOVED FROM OFFICE FOR
FAILURE TO FULFILL HIS OR HER DUTIES ONLY BY A  MAJORITY  VOTE  OF  EACH
HOUSE  OF  THE LEGISLATURE OR IN ACCORDANCE WITH THE PROVISIONS OF PARA-
GRAPHS E, F OR G OF SUBDIVISION ONE OF  SECTION  THIRTY  OF  THE  PUBLIC
OFFICERS LAW.
  (6)  IN  THE  EVENT THE SUPERINTENDENT RESIGNS FROM OFFICE, IS REMOVED
FROM OFFICE OR IS INCAPABLE OF CONTINUING  IN  OFFICE  DUE  TO  PHYSICAL
ILLNESS,  MENTAL  ILLNESS OR DEATH THE FIRST DEPUTY SUPERINTENDENT SHALL
ASSUME THE SUPERINTENDENT POSITION.  IF AFTER FORTY-FIVE DAYS THE GOVER-
NOR HAS NOT APPOINTED A NEW SUPERINTENDENT TO A  FULL  TERM,  THE  FIRST
DEPUTY  SUPERINTENDENT  SHALL  COMPLETE  THE  REMAINDER  OF THE PREVIOUS
SUPERINTENDENT'S TERM.  UPON ASSUMPTION OF THE DUTIES OF SUPERINTENDENT,
THE FIRST DEPUTY SUPERINTENDENT SHALL BE SUBJECT TO ALL REQUIREMENTS AND
PROVISIONS ASSOCIATED WITH THE SUPERINTENDENT'S POSITION. IF  THE  FIRST
DEPUTY  SUPERINTENDENT  COMPLETES  THE  TERM  OF  A PREVIOUSLY APPOINTED
SUPERINTENDENT, THE FIRST DEPUTY IS ELIGIBLE FOR APPOINTMENT TO  A  FULL
TERM  AS  SUPERINTENDENT  IN  HIS  OR HER OWN RIGHT. ALL OTHER POTENTIAL
REPLACEMENTS WITHIN THE RANKS OF THE STATE POLICE OR  FROM  OUTSIDE  ITS
RANKS  FOR  SUPERINTENDENT,  IN  THE EVENT THE FIRST DEPUTY IS UNABLE TO
COMPLETE THE PREVIOUS SUPERINTENDENT'S POSITION,  SHALL  HAVE  THE  SAME
RIGHTS AND ELIGIBILITIES AS THE FIRST DEPUTY SUPERINTENDENT AND SHALL BE
SUBJECT  TO  ALL  THE  REQUIREMENTS  AND  PROVISIONS ASSOCIATED WITH THE
SUPERINTENDENT.
  § 2. The executive law is amended by adding a  new  section  210-a  to
read as follows:
  §  210-A.  SUPERINTENDENT'S ANNUAL REPORTS AND BIENNIAL TESTIMONY. (A)
THE SUPERINTENDENT SHALL SUBMIT AN ANNUAL REPORT TO  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY NO
LATER THAN SEPTEMBER FIRST OF EACH YEAR.
  (1) SUCH REPORT SHALL CONTAIN THE FOLLOWING INFORMATION:
  (A) A DETAILED DESCRIPTION OF ANY  SPECIAL  REQUESTS  MADE  BY  OR  ON
BEHALF  OF THE GOVERNOR OR ANY MEMBER OF THE LEGISLATURE FOR SERVICES OF
THE STATE POLICE BEYOND  TRADITIONAL  SERVICES  PROVIDED  BY  THE  STATE
POLICE;

S. 3938                             3

  (B) A DETAILED DESCRIPTION OF ANY INFORMATION, UNLESS IT IS PRIVILEGED
OR  REQUIRES CONFIDENTIALITY, PROVIDED BY THE STATE POLICE TO THE GOVER-
NOR, AND/OR HIS OR HER STAFF, AND/OR TO ANY MEMBER OF  THE  LEGISLATURE,
AND/OR  HIS  OR HER STAFF, BEYOND THE GENERAL PROGRAMMATIC AND BUDGETARY
REPORTING  REQUIREMENTS  OF  THE  STATE  POLICE AND A DESCRIPTION OF THE
PURPOSE FOR WHICH SUCH INFORMATION WAS PROVIDED;
  (C) A DESCRIPTION OF ANY SPECIAL DISCIPLINARY  ACTIONS  TAKEN  BY  THE
SUPERINTENDENT  REGARDING INTER- OR INTRA-GOVERNMENTAL AFFAIRS INVOLVING
STATE POLICE PERSONNEL, BASED UPON SPECIAL REQUESTS MADE  TO  THE  STATE
POLICE  BY  OR  ON BEHALF OF THE GOVERNOR, ANY MEMBER OF THE LEGISLATURE
AND/OR ANY OTHER PUBLIC OR QUASI-PUBLIC ENTITY; AND
  (D) A DESCRIPTION OF EACH REQUEST MADE BY OR ON BEHALF OF THE GOVERNOR
AND/OR ANY MEMBER OF THE LEGISLATURE FOR INFORMATION OF ANY  KIND  OTHER
THAN  THE GENERAL INFORMATION PROVIDED BY THE STATE POLICE TO THE EXECU-
TIVE BRANCH, THE LEGISLATIVE BRANCH, PUBLIC AUTHORITIES OR LOCAL GOVERN-
MENT ENTITIES.
  (2) THE SUPERINTENDENT SHALL INCLUDE A SIGNED CERTIFICATION  WITH  THE
REPORT  THAT  THE INFORMATION PROVIDED IS TRUE TO THE BEST OF HIS OR HER
KNOWLEDGE. IF SUCH CERTIFICATION IS FOUND TO BE FALSE,  THE  SUPERINTEN-
DENT MAY BE SUBJECT TO REMOVAL BY THE LEGISLATURE.
  (B)  EVERY  TWO YEARS, COMMENCING IN TWO THOUSAND NINETEEN, THE SUPER-
INTENDENT SHALL ATTEND A PROCEEDING TO TESTIFY BEFORE THE SENATE FINANCE
COMMITTEE, THE ASSEMBLY WAYS AND MEANS COMMITTEE,  THE  SENATE  INVESTI-
GATIONS  AND GOVERNMENT OPERATIONS COMMITTEE AND THE ASSEMBLY OVERSIGHT,
ANALYSIS AND INVESTIGATION COMMITTEE TO REVIEW THE PERSONNEL AND  ADMIN-
ISTRATIVE ACTIVITIES OF THE STATE POLICE AND THE FUTURE PLANS AND INITI-
ATIVE OF THE STATE POLICE. SUCH PROCEEDING SHALL BE CONDUCTED JOINTLY AT
THE  DIRECTION  OF THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
OF THE ASSEMBLY AND SHALL TAKE PLACE NO LATER  THAN  NOVEMBER  FIRST  OF
EVERY OTHER YEAR DURING WHICH THE PROCEEDING IS CONDUCTED.
  (C)  THE  REPORTING REQUIREMENTS DESCRIBED IN THIS SECTION SHALL BE IN
ADDITION TO, AND NOT  IN  LIEU  OF,  ANY  OTHER  REPORTING  REQUIREMENTS
PROVIDED BY LAW.
  §  3.  Section  211 of the executive law, as amended by chapter 331 of
the laws of 1993, is amended to read as follows:
  § 211. Employees. (A) The superintendent may appoint such employees as
may be necessary and fix their compensation within such sum  as  may  be
appropriated  by  law. Persons appointed to competitive positions within
the division who meet the definition of veteran or disabled  veteran  as
defined  in  section eighty-five of the civil service law shall be enti-
tled to additional credit and preference as conferred by that law and in
the same manner, except that, notwithstanding any law to  the  contrary,
with respect to any candidate applying for credit in a competitive exam-
ination  for original appointment as a disabled or non-disabled veteran,
such candidate may apply provisionally for such credit  while  still  an
active member of the armed forces. The application for provisional cred-
it  may  be  made at any time between the date of his or her application
for the competitive examination and the date the eligible list is estab-
lished. In cases where there has been  a  provisional  application,  the
superintendent shall grant final credit only if the candidate renews his
or  her  application  within  ninety  days  following termination of the
candidate's military duty, and the candidate's period of eligibility  on
the  list  has  not expired, and the candidate satisfies the appropriate
statutory requirements for eligibility. Pending the  granting  of  final
credit,  the  candidate's ranking on any eligible list shall reflect the
provisional credit.

S. 3938                             4

  (B) ANY EMPLOYEE APPOINTED TO THE EXECUTIVE SERVICES UNIT OR ANY OTHER
UNIT ASSOCIATED WITH SECURITY AND/OR  PROTECTING  OTHER  ELECTED  AND/OR
PUBLIC  OFFICIALS SHALL HOLD SUCH APPOINTMENT FOR NO MORE THAN TWO YEARS
AFTER WHICH PERIOD, THE EMPLOYEE SHALL BE REAPPOINTED TO THE POSITION HE
OR  SHE  HELD PRIOR TO THE APPOINTMENT TO THE EXECUTIVE SERVICES UNIT OR
ANY OTHER UNIT ASSOCIATED WITH SECURITY AND/OR PROTECTING OTHER  ELECTED
AND/OR  PUBLIC  OFFICIALS  OR  TO  SUCH OTHER POSITION AND DUTIES AS ARE
DETERMINED BY THE SUPERINTENDENT.
  § 4. This act shall take effect on the first of January next  succeed-
ing the date upon which it shall have become a law.

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senate Bill S3938

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Archive: Last Bill Status - In Senate Committee Finance Committee

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S3938 (ACTIVE) - Details

S3938 (ACTIVE) - Summary

S3938 (ACTIVE) - Sponsor Memo

S3938 (ACTIVE) - Bill Text download pdf

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senate Bill S3938

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Archive: Last Bill Status - In Senate Committee Finance Committee

Your Voice

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Co-Sponsors

S3938 (ACTIVE) - Details

S3938 (ACTIVE) - Summary

S3938 (ACTIVE) - Sponsor Memo

S3938 (ACTIVE) - Bill Text download pdf

Comments