S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1750
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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,
 without examination, as a member of the state police in the  grade  held
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01377-01-3
              

 A. 1750                             2
 
 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;
   (C)  A  DESCRIPTION  OF  ANY SPECIAL DISCIPLINARY ACTIONS TAKEN BY THE
 SUPERINTENDENT REGARDING INTER- OR INTRA-GOVERNMENTAL AFFAIRS  INVOLVING
 A. 1750                             3
 
 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
 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
 A. 1750                             4

 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.