S T A T E   O F   N E W   Y O R K
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                                 3437--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  KRUEGER, BRESLIN, DIAZ, HASSELL-THOMPSON, PARKER,
  SERRANO, SQUADRON, STAVISKY, VALESKY -- read twice and ordered  print-
  ed,  and  when  printed to be committed to the Committee on Finance --
  recommitted to the Committee on Finance in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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:
  S 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01246-02-4
              

S. 3437--A                          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) 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 FIFTEEN, 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 SUBDI-
VISIONS E, F OR G 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.
  S  2.  The  executive  law is amended by adding a new section 210-a to
read as follows:
  S 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

S. 3437--A                          3

THE  STATE  POLICE  BEYOND  TRADITIONAL  SERVICES  PROVIDED BY THE 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;
  (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  FIFTEEN,  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.
  S 3. Section 211 of the executive law, as amended by  chapter  331  of
the laws of 1993, is amended to read as follows:
  S 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

S. 3437--A                          4

credit, the candidate's ranking on any eligible list shall  reflect  the
provisional credit.
  (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.
  S 4. This act shall take effect January 1, 2015.