S06544 Summary:

BILL NOS06544
 
SAME ASSAME AS A09431
 
SPONSORGALLIVAN
 
COSPNSRADDABBO, AVELLA
 
MLTSPNSR
 
Amd S215, Exec L
 
Grants those assigned or employed for three continuous years as investigators and senior investigators in the bureau of criminal investigation or as a station commander, corporal, zone commander, zone sergeant, first sergeant, staff sergeant, captain or major within the division of state police protection from removal or other disciplinary action without a hearing.
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S06544 Actions:

BILL NOS06544
 
02/24/2012REFERRED TO FINANCE
05/15/20121ST REPORT CAL.806
05/16/20122ND REPORT CAL.
05/21/2012ADVANCED TO THIRD READING
05/30/2012PASSED SENATE
05/30/2012DELIVERED TO ASSEMBLY
05/30/2012referred to codes
06/06/2012substituted for a9431
06/06/2012ordered to third reading cal.436
06/06/2012passed assembly
06/06/2012returned to senate
09/21/2012DELIVERED TO GOVERNOR
10/03/2012VETOED MEMO.168
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S06544 Floor Votes:

DATE:06/06/2012Assembly Vote  YEA/NAY: 133/3
Yes
Abbate
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
Yes
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
Yes
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
Yes
Sayward
Yes
Arroyo
ER
Conte
Yes
Gottfried
Yes
Lopez PD
Yes
O'Donnell
Yes
Scarborough
Yes
Aubry
Yes
Cook
Yes
Graf
ER
Lopez VJ
Yes
Ortiz
Yes
Schimel
Yes
Barclay
No
Corwin
Yes
Gunther
Yes
Losquadro
Yes
Palmesano
Yes
Schimminger
Yes
Barrett
Yes
Crespo
Yes
Hanna
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
ER
Peoples Stokes
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Maisel
Yes
Pretlow
Yes
Smardz
Yes
Boyland
Yes
Cymbrowitz
ER
Hikind
Yes
Malliotakis
Yes
Quart
Yes
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
Mayer
Yes
Rabbitt
Yes
Tedisco
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
ER
Jeffries
Yes
McEneny
Yes
Ramos
Yes
Thiele
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
Yes
Titone
ER
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
McLaughlin
Yes
Reilly
Yes
Titus
ER
Burling
Yes
Finch
ER
Katz
ER
Meng
Yes
Rivera J
ER
Tobacco
Yes
Butler
No
Fitzpatrick
Yes
Kavanagh
No
Miller D
Yes
Rivera N
Yes
Walter
Yes
Cahill
Yes
Friend
Yes
Kearns
Yes
Miller JM
Yes
Rivera PM
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
Yes
Kellner
Yes
Miller MG
Yes
Roberts
Yes
Weisenberg
Yes
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
ER
Robinson
ER
Weprin
Yes
Canestrari
Yes
Gantt
ER
Lancman
Yes
Montesano
Yes
Rodriguez
Yes
Wright
Yes
Castelli
Yes
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
Yes
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
ER
Russell
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S06544 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6544
 
                    IN SENATE
 
                                    February 24, 2012
                                       ___________
 
        Introduced  by Sen. GALLIVAN -- 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:
 

     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, corporal, zone comman-
     9  der, zone sergeant, first sergeant, staff sergeant, captain or major for
    10  a  period  of  three  continuous years or more may be removed or demoted
    11  from such assignment or appointment only after a hearing, the  procedure

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

    23  be  subtracted  from  the age of any applicant who has passed his or her
    24  twenty-ninth birthday, solely for the purpose of  permitting  qualifica-
    25  tion  as  to  age  and  for no other purpose. Such limitations as to age
    26  however shall not apply to persons appointed to the positions  of  coun-
    27  sel,  first  assistant  counsel, assistant counsel, and assistant deputy
    28  superintendent for employee relations nor to any person appointed to the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09546-02-2

        S. 6544                             2
 
     1  bureau of criminal investigation pursuant to section two hundred sixteen
     2  of this article nor shall any person be appointed unless he or  she  has

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

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

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