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A07914 Summary:

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A07914 Floor Votes:

A07914 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7914
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 24, 2011
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          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:

 
     1    Section 1. Subdivision 3 of section  215  of  the  executive  law,  as
     2  amended  by  chapter  478  of  the  laws  of 2004, is amended to read as
     3  follows:
     4    3. The sworn members of the New York state police shall  be  appointed
     5  by  the  superintendent  and  permanent appointees may be removed by the
     6  superintendent only after a hearing.  Members who have been assigned  or
     7  appointed  as  investigators  or  senior  investigators in the bureau of
     8  criminal investigation or as a station commander, zone  commander,  zone
     9  sergeant, first sergeant, captain or major for a period of three contin-
    10  uous  years  or  more  may be removed or demoted from such assignment or
    11  appointment only after a hearing, the procedure of  which  shall  be  in

    12  accordance  with  regulations  adopted  by  the  superintendent of state
    13  police; provided, however, that a hearing shall  not  be  required  when
    14  reduction  in  rank from such position is based solely on reasons of the
    15  economy, consolidation or abolition of functions, curtailment of  activ-
    16  ities  or  otherwise. No person shall be appointed to the New York state
    17  police force as a sworn member unless he or she shall be  a  citizen  of
    18  the  United States, between the ages of twenty-one and twenty-nine years
    19  except that in the superintendent's discretion, the maximum age  may  be
    20  extended  to  thirty-five  years. Notwithstanding any other provision of
    21  law or any general or special law to the  contrary  the  time  spent  on
    22  military  duty,  not exceeding a total of six years, shall be subtracted

    23  from the age of any applicant who has passed  his  or  her  twenty-ninth
    24  birthday,  solely  for the purpose of permitting qualification as to age
    25  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.
                                                                   LBD09546-01-1
        A. 7914                             2
 
     1  apply  to persons appointed to the positions of counsel, first assistant
     2  counsel, assistant counsel,  and  assistant  deputy  superintendent  for
     3  employee relations nor to any person appointed to the bureau of criminal
     4  investigation  pursuant  to  section two hundred sixteen of this article
     5  nor shall any person be appointed unless he or she has fitness and  good

     6  moral  character and shall have passed a physical and mental examination
     7  based upon standards provided by the rules and regulations of the super-
     8  intendent. Appointments shall be made for a probationary  period  which,
     9  in the case of appointees required to attend and complete a basic train-
    10  ing  program  at the state police academy, shall include such time spent
    11  attending the basic school  and  terminate  one  year  after  successful
    12  completion thereof. All other sworn members shall be subject to a proba-
    13  tionary  period  of  one  year  from  the date of appointment. Following
    14  satisfactory completion of the probationary period the member shall be a
    15  permanent appointee. Voluntary resignation or withdrawal  from  the  New
    16  York  state  police  during  such  appointment shall be submitted to the
    17  superintendent for approval.   Reasonable  time  shall  be  required  to

    18  account  for  all  equipment  issued  or for debts or obligations to the
    19  state to be satisfied.  Resignation  or  withdrawal  from  the  division
    20  during  a  time  of emergency, so declared by the governor, shall not be
    21  approved if contrary to the best interest of the state and  shall  be  a
    22  misdemeanor.  No  sworn  member  removed  from the New York state police
    23  shall be eligible for reappointment. The superintendent shall make rules
    24  and regulations subject to approval by the governor for  the  discipline
    25  and  control  of  the  New York state police and for the examination and
    26  qualifications of applicants for appointment as members thereto and such
    27  examinations shall be held and conducted by the  superintendent  subject
    28  to  such  rules  and  regulations.  The  superintendent is authorized to
    29  charge a fee of twenty dollars as an  application  fee  for  any  person

    30  applying  to take a competitive examination for the position of trooper,
    31  and a fee of five dollars for any competitive examination for a civilian
    32  position. The superintendent shall promulgate regulations subject to the
    33  approval of the director of the budget, to provide for a waiver  of  the
    34  application fee when the fee would cause an unreasonable hardship on the
    35  applicant and to establish a fee schedule and charge fees for the use of
    36  state police facilities.
    37    § 2. This act shall take effect immediately.