S468-2011 - NY Senate Open Legislation - Provides criteria for the appointment of the superintendent of state police

Provides criteria for the appointment of the superintendent of state police by the governor, upon the advice and consent of the Senate, for a fixed term of three years.

Sponsor: NOZZOLIO / Co-sponsor(s): LARKIN, MAZIARZ, RANZENHOFER, YOUNG
Law Section: Executive Law / Law: Amd S210, Exec L

S468-2011 Actions

Apr 18, 2012: referred to governmental operations
Apr 18, 2012: DELIVERED TO ASSEMBLY
Apr 18, 2012: PASSED SENATE
Mar 22, 2012: ADVANCED TO THIRD READING
Mar 21, 2012: 2ND REPORT CAL.
Mar 20, 2012: 1ST REPORT CAL.382
Jan 4, 2012: REFERRED TO FINANCE
Jun 24, 2011: COMMITTED TO RULES
May 16, 2011: ADVANCED TO THIRD READING
May 11, 2011: 2ND REPORT CAL.
May 10, 2011: 1ST REPORT CAL.575
Jan 5, 2011: REFERRED TO FINANCE

S468-2011 Meetings

Finance: Mar 19, 2012, Finance: Mar 20, 2012, Finance: May 10, 2011

S468-2011 Calendars

Active List: Apr 18, 2012 , Floor Calendar: Mar 22, 2012 , Floor Calendar: Mar 26, 2012 , Floor Calendar: Mar 27, 2012 , Floor Calendar: Mar 30, 2012 , Floor Calendar: Apr 17, 2012 , Floor Calendar: May 11, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011

S468-2011 Votes

VOTE: COMMITTEE VOTE: - Finance - May 10, 2011

Ayes (26): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Perkins, Rivera, Stavisky
Ayes W/R (4): Gianaris, Kruger, Montgomery, Peralta
Nays (4): Dilan, Duane, Parker, Stewart-Cousins
Excused (1): Oppenheimer

VOTE: COMMITTEE VOTE: - Finance - Mar 20, 2012

Ayes (30): Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Duane, Gianaris, Montgomery, Parker, Peralta, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (3): DeFrancisco, Krueger, Perkins
Nays (1): Dilan
Excused (1): Oppenheimer

VOTE: FLOOR VOTE: - Apr 18, 2012

Ayes (54): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thompson, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Valesky, Young, Zeldin
Nays (4): Dilan, Duane, Montgomery, Parker
Excused (3): Hannon, Huntley, Oppenheimer

S468-2011 Memo

BILL NUMBER:S468

TITLE OF BILL:
An act
to amend the executive law, in relation to the appointment of the
superintendent of state police

PURPOSE OR GENERAL IDEA OF BILL:
To impose a fixed three year term of service for the Superintendent of
the state police subject to the advice and consent of the State Senate.

SUMMARY OF SPECIFIC PROVISIONS:
Section 210 of the executive law is amended by Chapter 169 of the laws
of 1994.

JUSTIFICATION:
The superintendent of the State Police is the most important law
enforcement official in New York State and as such the position of
Superintendent must remain independent.

By changing the law to set a fixed term subject to advice and consent
of the state Senate, this law would ensure the independence of the
Superintendent and enhance accountability for the people of New York
State.

PRIOR LEGISLATIVE HISTORY:
S.6434A of 2007/2008
S.6988 of 2009/2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S468-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           468
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sen. NOZZOLIO -- 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 of the
 superintendent of 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. The division of state police in the
 executive department shall be known as the "New York State Police."  The
 head  of  the New York state police shall be the superintendent 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]  FOR
 FIXED THREE-YEAR TERMS, SUBJECT TO REAPPOINTMENT FOR ADDITIONAL TERMS OR
 TO  TERMINATION OF SERVICE BY THE GOVERNOR AND SUBJECT TO THE ADVICE AND
 CONSENT OF THE SENATE. 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 retire
 ment 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
 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.
 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  EXPIRATION  OR termination of service as superintendent, be
 reappointed, without examination, as a member of the state police in the
 grade held by  him  or  her  prior  to  appointment  as  superintendent,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01269-01-1
        S. 468                              2
 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.
 

S 2. This act shall take effect immediately.

S468-2011: Provides criteria for the appointment of the superintendent of state police