S06544 Summary:

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:

05/15/20121ST REPORT CAL.806
05/16/20122ND REPORT CAL.
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
10/03/2012VETOED MEMO.168
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S06544 Floor Votes:

DATE:06/06/2012Assembly Vote  YEA/NAY: 133/3
ArroyoYConteERGottfriedYLope PDYO'DonnellYScarboroughY
AubryYCookYGrafYLope VJEROrtizYSchimelY
BarronYCrouchYHawleyYMageeYPeoples StokesERSimotasY
Brook KrasnyERFarrellYJordanYMcLaughlinYReillyYTitusY
BurlingERFinchYKatzERMengERRive J YTobaccoER
ButlerYFitzpatrickNOKavanaghYMill D NORive N YWalterY
CahillYFriendYKearnsYMill JMYRive PMYWeinsteinY
CalhounYGabryszakYKellnerYMill MGYRobertsYWeisenbergY
CastroYGiglioYLavineYMoyaYRussellERMr SpkrY

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S06544 Text:

                STATE OF NEW YORK
                    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.

        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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