§ 88. When railroads may designate police officers. 1. Upon the
application of any corporation owning or operating a railroad, express
company operating over a railroad, or of any steamboat company, the
superintendent of state police may appoint any person as a police
officer, with all the powers of a police officer in cities and villages,
for the preservation of order and of the public peace, and the arrest of
all persons committing offenses upon the land of or upon property in the
custody of or under the control of such corporation, express company or
steamboat company.

2. Such application shall be in writing, specifying the name, age, and
address of each person for whom an appointment is sought.

3. The corporation, express company or steamboat company making any
such application shall cause the fingerprints of each proposed appointee
to be taken in the form and manner prescribed by the division of
criminal justice services and one set of such fingerprints shall be
forwarded to the division of criminal justice services, and one set to
the federal bureau of investigation. Such fingerprints shall be searched
by each agency against the fingerprint records in its files and be
retained in the files of such agencies.

4. Reports of the results of such searches shall be reviewed by the
superintendent of state police prior to granting an appointment to
determine whether a proposed appointee is thereby shown to have been
convicted of a crime in the state of New York or of any offense in any
other place which if committed in the state of New York would have been
a crime and no person who is determined by such review to have been so
convicted shall receive an appointment under this section.

5. The corporation, express company or steamboat company making
application shall also cause an investigation to be conducted in a
manner satisfactory to the superintendent of state police of the
character, qualifications and fitness of each proposed appointee and
shall transmit to the superintendent of state police a report of the
results of such investigation which shall be reviewed by the
superintendent of state police and no person whom such investigation
shows to be other than of good moral character shall receive an
appointment under this section.

6. No person shall be granted an appointment as a police officer under
this section unless and until the corporation, express company or
steamboat company making application shall certify to the superintendent
of state police that the proposed appointee has had the minimum police
training required for local police officers by the municipal police
training council of the office of local government, executive
department, state of New York, or such equivalent training as may be
specifically approved by the executive director of the municipal police
training council or if the proposed appointee has not had such minimum
training that he will receive the same within twelve months from the
date of any appointment granted under this section.

7. No person shall be granted an appointment as a police officer under
this section unless and until the corporation, express company or
steamboat company making application shall certify to the superintendent
of state police that the proposed appointee has had adequate firearms
training or that before he is issued and/or is permitted to carry
firearms and within six months from the date of any appointment made
under this section, he will receive such training.

8. If any person who has not received the minimum police and/or
firearms training described in subdivisions six and seven of this
section shall be appointed a police officer under this section, the
corporation, express company or steamboat company which made application
for his or her employment shall furnish the superintendent of state
police, within six months of the date of appointment, a certificate
issued by an approved municipal police council training school or its
equivalent as previously described in this section, certifying the
successful completion by the appointee of the minimum training required
and/or shall certify to the superintendent of state police within six
months of the date of appointment that the appointee has received
adequate training in the use of firearms and in the event such
certificate and/or such certification are not furnished the
superintendent of state police within the time prescribed herein, he or
she shall revoke the appointment.

9. The superintendent of state police shall file the certificate of
appointment of any such person in the office of the department of state,
and shall forthwith notify the person appointed, by mail, at the address
specified in the application that the certificate has been so filed.
Each such person shall, within fifteen days after such certificate shall
have been filed, and before entering upon the duties of his office, take
and subscribe the constitutional oath of office, and file it in the
office of the department of state. The home address of the person
appointed shall appear in the certificate of appointment, and whenever
such address is changed the corporation, express company or steamboat
company employing the person appointed shall file with the
superintendent of state police a statement of the new address.

10. No person shall be appointed who is not an American citizen, and
who has not, prior to the time of the filing of the application, filed
in the office of the department of state his or her written consent to
his or her appointment as such police officer.

11. No conductor, brakeman, fireman, engineer or other person actively
engaged in the operation and movement of any train or car or set of cars
shall be eligible for appointment as a police officer.

12. Each person designated to act as such police officer shall receive
a license from the secretary of state and shall not be permitted to
enter upon his or her duties as such police officer until he or she has
actually received such license.

13. Every such police officer shall when on duty wear a metallic
shield with the words "railroad police" or "steamboat police" or
"express police" as the case may be and the name of the corporation,
express company or steamboat company for which appointed inscribed
thereon, which shall always be worn in plain view, except when employed
as a detective.

14. A person appointed police officer under this section shall not,
while the appointment is in force, be employed by or perform any service
for the corporation, express company, or steamboat company, in any other
capacity than that of police officer and he or she shall not be
permitted to exercise the duties or functions of a police officer except
upon the property or in connection with the property connected with or
under the control of the corporation, express company, or steamboat
company, for which he or she has been appointed.

15. The compensation of every such police officer shall be such as may
be agreed upon between him or her and the corporation, express company,
or steamboat company, for which he or she is appointed and shall be paid
by the corporation, express company, or steamboat company.

16. When any such corporation, express company, or steamboat company,
shall no longer require the services of any police officer appointed
under this section it shall file notice to that effect in the office of
the department of state, and thereupon such appointment shall cease and
be at an end.

17. The superintendent of state police may also at pleasure revoke or
suspend the appointment of any such police officer by filing a notice of
suspension or revocation thereof in the office of the department of
state and mailing a notice of such filing to the corporation, express
company or steamboat company for which he or she was appointed, and also
to the person whose appointment is suspended or revoked, at his or her
last home address as the same appears in the certificate of appointment
or the latest statement thereof on file. An appointment suspended by the
superintendent may be restored by him or her upon the filing of a
restoration notice to the department of state, the person suspended, and
his or her employer.

18. If such person thereafter, knowing of such revocation or having in
any manner received notice thereof, exercises or attempts to exercise
any of the powers of a police officer, under this section, he or she
shall be guilty of a misdemeanor; and the filing and mailing of such
notice, as above provided, shall be presumptive evidence that such
person knew of the revocation.