S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    702
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. KRUEGER, BAILEY, LIU, PARKER, SERRANO, STAVISKY --
   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 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] THE GOVERNOR'S pleasure. The superintendent shall be  a  member  of
 the  state  police, shall receive as salary such sum as may be appropri-
 ated 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]  THE
 SUPERINTENDENT,  upon  appointment,  shall  be  entitled  to continue to
 accrue and receive such credits and benefits as [he or she]  THE  SUPER-
 INTENDENT  would  have  been  entitled  to  accrue  and receive prior to
 appointment.
   (2) If, prior to [his or her] THE  SUPERINTENDENT'S  appointment,  the
 superintendent  shall  have served as a member of the State Police for a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02489-01-5
 S. 702                              2
 
 period of ten years or more,  [he  or  she]  THE  SUPERINTENDENT  shall,
 provided  [he or she] THE SUPERINTENDENT is not eligible for retirement,
 upon termination of service as superintendent, be  reappointed,  without
 examination,  as  a member of the state police in the grade held by [him
 or her] THE  SUPERINTENDENT  prior  to  appointment  as  superintendent,
 notwithstanding  the  absence  of  any  vacancy in such grade.   For the
 purpose of determining the annual salary to be paid upon such reappoint-
 ment, 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-SIX, 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 THE DUTIES OF THE OFFICE BY THE GOVERNOR AND  WITH  A
 TWO-THIRDS  VOTE  OF  THE  WHOLE  NUMBER OF MEMBERS OF EACH HOUSE OF THE
 LEGISLATURE 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 THE FIRST DEPUTY'S OWN RIGHT. ALL OTHER POTEN-
 TIAL 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  THE GOVERNOR'S STAFF, AND/OR TO ANY MEMBER OF THE LEGISLA-
 TURE, AND/OR SUCH MEMBER'S STAFF, BEYOND THE  GENERAL  PROGRAMMATIC  AND
 S. 702                              3

 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;
   (D) A DESCRIPTION OF EACH REQUEST MADE BY OR ON BEHALF OF THE GOVERNOR
 AND/OR THE GOVERNOR'S STAFF, AND/OR ANY MEMBER OF THE LEGISLATURE AND/OR
 SUCH  MEMBER'S STAFF, FOR INFORMATION OF ANY KIND OTHER THAN THE GENERAL
 INFORMATION PROVIDED BY THE STATE POLICE TO THE  EXECUTIVE  BRANCH,  THE
 LEGISLATIVE 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  THE  SUPER-
 INTENDENT'S  KNOWLEDGE.  IF SUCH CERTIFICATION IS FOUND TO BE FALSE, THE
 SUPERINTENDENT MAY BE SUBJECT TO REMOVAL BY THE LEGISLATURE.
   (B) EVERY TWO YEARS, COMMENCING IN TWO THOUSAND TWENTY-SIX, 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.
   (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 HUMAN-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
 S. 702                              4
 
 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]  THE  CANDI-
 DATE'S  application  for  the  competitive  examination and the date the
 eligible list is established. In cases where there  has  been  a  provi-
 sional  application, the superintendent shall grant final credit only if
 the candidate renews [his or her] THE  application  within  ninety  days
 following  termination  of the candidate's military duty, and the candi-
 date's period of eligibility on the list has not expired, and the candi-
 date 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 SUCH EMPLOYEE HELD  PRIOR  TO  THE  APPOINTMENT  TO  THE  EXECUTIVE
 SERVICES UNIT OR ANY OTHER UNIT ASSOCIATED WITH SECURITY AND/OR PROTECT-
 ING  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 THE EMPLOYEE'S 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.