NY State Senate Bill 2023-S1145

Senate Bill S1145

2023-2024 Legislative Session

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

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Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Jan 10, 2023	referred to finance

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2023-S1145 (ACTIVE) - Details

See Assembly Version of this Bill:: A1750
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
2019-2020: S3938
2021-2022: S1332, A8508

2023-S1145 (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; requires the approval of certain duties of the state police by the superintendent of the state police.

2023-S1145 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1145

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, the appoint-
ment of employees of the state police and the approval of certain duties
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 or she shall serve at the discretion of the
Superintendent. The Governor, with the support of two-thirds of both
houses of the Legislature shall have the authority to remove the Super-
intendent from his or her position. 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;

*Descriptions of any transfers to or from the executive services unit or
any other unit associated with the protection of elected officials.
*The report shall include a certification signed by both the superinten-
dent 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.

The bill adds additional protections to ensure that officers working to
protect the Governor, or other elected officials are not used as
personal chauffeurs or used to run errands in violation of the public
officers law.

 
JUSTIFICATION:

Recent news of actions taken by the former Governor, on top of previous
reports of Governors using the State police to spy on other individuals,
has reinvigorated a conversation of the role of the State police super-
intendent and their relationship with the elected officials they
protect. These recent scandals have exposed how this law enforcement
agency is prone to dangerous levels of political influence. Such meddl-
ing between politics and policing, whether perceived or actual, under-
mines public confidence in the role of the police force, and what their
tax dollars are being used for.  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. These reports would give
the legislature and the public a better look at what sort of requests
are being made of the Superintendent of state police, and disclose any
political influence that is driving the decision making of the Super-
intendent.

 
LEGISLATIVE HISTORY:

2021-22: S.1332/A.8508 Dinowitz - Finance

2019-20: S.3938 - Finance
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.

2023-S1145 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1145
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 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,  the
   appointment  of  employees  of  the  state  police and the approval of
   certain duties 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. THE SUPERINTENDENT OF STATE POLICE SHALL HAVE  CONTROL  OF
 ALL  STAFFING DECISIONS, RESOURCE ALLOCATION AND UNIT ASSIGNMENTS WITHIN
 THE STATE POLICE. If, prior to appointment, the superintendent served as
 a member of the state police, he or  she,  upon  appointment,  shall  be
 entitled  to continue to accrue and receive such credits and benefits as
 he or she would have been  entitled  to  accrue  and  receive  prior  to
 appointment.
   (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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01377-01-3

 S. 1145                             2
 
 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-
 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) 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 TWENTY-FOUR, THE TERM OF SERVICE OF THE  SUPERINTEN-
 DENT  OF THE STATE POLICE SHALL BE SEVEN YEARS. A SUPERINTENDENT MAY NOT
 SERVE MORE THAN ONE SEVEN-YEAR TERM.  THE APPOINTMENT OF THE FIRST DEPU-
 TY SUPERINTENDENT SHALL ALSO BE SUBJECT TO SENATE CONFIRMATION.
   (4) 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 BY THE GOVERNOR  AND  WITH  A  TWO-
 THIRDS VOTE OF THE WHOLE NUMBER OF MEMBERS OF EACH HOUSE OF THE LEGISLA-
 TURE  OR  IN  ACCORDANCE  WITH THE PROVISIONS OF PARAGRAPHS E, F OR G OF
 SUBDIVISION ONE OF SECTION THIRTY OF THE PUBLIC OFFICERS LAW.
   (5) 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.  SUCH DESCRIPTION SHALL INCLUDE WHETHER THE REQUEST WAS APPROVED
 OR DENIED BY THE SUPERINTENDENT OF STATE POLICE;
   (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;
 S. 1145                             3
 
   (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;
   (D) A DESCRIPTION OF EACH REQUEST MADE BY OR ON BEHALF OF THE GOVERNOR
 AND/OR HIS OR HER STAFF, AND/OR ANY MEMBER OF THE LEGISLATURE AND/OR HIS
 OR  HER STAFF, FOR INFORMATION OF ANY KIND OTHER THAN THE GENERAL INFOR-
 MATION PROVIDED BY THE STATE POLICE TO THE EXECUTIVE BRANCH, THE  LEGIS-
 LATIVE BRANCH, PUBLIC AUTHORITIES OR LOCAL GOVERNMENT ENTITIES; AND
   (E)  A  DESCRIPTION  OF ALL OFFICER TRANSFERS TO OR FROM THE EXECUTIVE
 SERVICES UNIT OR ANY OTHER UNIT ASSOCIATED WITH SECURITY AND/OR PROTECT-
 ING OTHER ELECTED OFFICIALS, AND REASON FOR THE  CHANGE.  FOR  TRANSFERS
 FROM  THE  EXECUTIVE  SERVICES  UNIT  THE SUPERINTENDENT OF STATE POLICE
 SHALL INCLUDE A DESCRIPTION OF WHAT UNIT THE OFFICER TRANSFERRED TO. ALL
 OFFICER TRANSFERS TO OR FROM THE EXECUTIVE SERVICES UNIT  SHALL  REQUIRE
 THE APPROVAL OF THE SUPERINTENDENT OF STATE POLICE.
   (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  TWENTY-FOUR,  THE
 SUPERINTENDENT  SHALL  ATTEND  A PROCEEDING TO TESTIFY BEFORE THE SENATE
 FINANCE COMMITTEE, THE ASSEMBLY WAYS AND  MEANS  COMMITTEE,  THE  SENATE
 INVESTIGATIONS  AND  GOVERNMENT  OPERATIONS  COMMITTEE  AND THE ASSEMBLY
 OVERSIGHT, ANALYSIS AND INVESTIGATION COMMITTEE TO REVIEW THE  PERSONNEL
 AND  ADMINISTRATIVE  ACTIVITIES OF THE STATE POLICE AND THE FUTURE PLANS
 AND INITIATIVE 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.
   (D)  AS  USED  IN  THIS SECTION, "TRADITIONAL SERVICES" MEANS SERVICES
 RENDERED BY THE STATE POLICE  TO:
   (1) PROTECT PEOPLE AND PROPERTY;
   (2) PREVENT AND DETECT CRIME AND OTHER VIOLATIONS OF  LAW  AND  PURSUE
 CRIMINAL  INVESTIGATIONS  AND  ARREST CRIMINALS; AND MAKE ROADS SAFE FOR
 ALL USERS;
   (3) REDUCE  THE  DEATHS,  INJURIES AND PROPERTY DAMAGE CAUSED BY MOTOR
 VEHICLE ACCIDENTS THROUGH   VEHICLE   AND   TRAFFIC   ENFORCEMENT    AND
 EDUCATION;
   (4)  PROVIDE   DISORDER  CONTROL  AND SECURITY IN ALL TYPES OF NATURAL
 AND MAN-MADE EMERGENCIES; AND PROVIDE FOR THE  SAFETY  AND  SECURITY  OF
 INDIVIDUALS  AND  GROUPS  OF CITIZENS IN FURTHERANCE  OF  THEIR  RIGHTS,
 DUTIES  AND RESPONSIBILITIES; AND
   (5) SUPPORT OTHER ENTITIES BY CREATING  PARTNERSHIPS  FOR  SAFETY  AND
 SECURITY  WITH  INDIVIDUALS,  GROUPS    AND   COMMUNITIES THROUGHOUT THE
 STATE.
   § 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
 S. 1145                             4
 
 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.
   (B) (1) 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 POSI-
 TION 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.
   (2)  NO EMPLOYEE APPOINTED AS PROVIDED IN PARAGRAPH ONE OF THIS SUBDI-
 VISION SHALL  PROVIDE  SERVICES  THAT  CONSTITUTE  A  VIOLATION  OF  THE
 PROVISIONS  OF  PARAGRAPH D OF SUBDIVISION THREE OF SECTION SEVENTY-FOUR
 OF THE PUBLIC OFFICERS LAW.   ANY REQUESTS FOR SUCH  SERVICES  SHALL  BE
 REFERRED  BY  THE  EMPLOYEE  TO  HIS OR HER SUPERIOR WHO SHALL REFER THE
 REQUEST TO THE  SUPERINTENDENT.  THE  SUPERINTENDENT  SHALL  APPROVE  OR
 DISAPPROVE ALL SUCH REQUESTS.
   §  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 S1145

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Sponsored By

Liz Krueger

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

Jamaal T. Bailey

Neil D. Breslin

John C. Liu

Kevin S. Parker

2023-S1145 (ACTIVE) - Details

2023-S1145 (ACTIVE) - Summary

2023-S1145 (ACTIVE) - Sponsor Memo

2023-S1145 (ACTIVE) - Bill Text download pdf

Comments