BILL NUMBER: S702
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the executive law, in relation to the appointment and
reporting duties of the superintendent of the state police, the appoint-
ment of employees of the state police and the approval of certain duties
of the state police
 
PURPOSE OR GENERAL IDEA OF BILL:
Under this legislation, the Superintendent shall he appointed by the
Governor, with the advice and consent of the Senate, to a single seven
year term. The First Deputy Superintendent shall likewise be subject to
Senate confirmation, but he or she shall serve at the discretion of the
Superintendent. The Governor, with the support of two-thirds of both
houses of the Legislature shall have the authority to remove the Super-
intendent from his or her position. The Superintendent shall also be
removed from office in accordance to sections (e), (f) and (g) of the
Public Officers Law.
In the event the Superintendent resigns or is no longer able to perform
his or her duties before the end of the seven-year term, the First Depu-
ty Superintendent shall become Superintendent. If the Governor does not
appoint a new Superintendent within 45 days of the Superintendent leav-
ing his or her position, the First Deputy Superintendent shall assume
the position for the remainder of the previous Superintendent's term.
After completing the remainder of the previous Superintendent's term,
the First Deputy Superintendent shall be eligible to serve another term
in his or her own right.
Further, the responsibilities of the Superintendent are expanded to
include the submission of annual reports to the Legislature detailing
the inter- and intra-governmental activities of the State police in the
most recent fiscal year. The Superintendent shall not be required to
include in the report information that is privileged or confidential.
The reports shall include:
*Information detailing any special requests from the Executive and the
Legislature for services of the State police beyond traditional services
provided by the state police;
*Any additional information provided by the State police to the Gover-
nor, his or her staff and the Legislature beyond the traditional report-
ing requirements of the State police and for what purposes, which would
be provided at the discretion of the Superintendent;
*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 the Executive,
the Legislature and the any other public or quasi-public entity;
*Requests for information of any kind other than the traditional infor-
mation provided by the State Police from any Executive branch, Legisla-
tive branch, public authority or local government entities;
*Descriptions of any transfers to or from the executive services unit or
any other unit associated with the protection of elected officials.
*The report shall include a certification signed by both the superinten-
dent and the Administrator of the state police Executive Service unit
attesting that the information provided is true to the best of his or
her knowledge. If such certification is found to be false, untrue or
fraudulent, the superintendent may be subject to removal by the Legisla-
ture.
The Senate Majority Leader and Assembly Speaker shall call for the
superintendent to testify every two years to review the personnel and
administrative activities of the State police along with future plans
and initiatives of the agency. The bill would also require a two year
rotation of every civilian and sworn officer assigned to the state
police Executive Service Unit or any State police unit involved in secu-
rity and/or protection of elected and/or public officials.
The bill adds additional protections to ensure that officers working to
protect the Governor, or other elected officials are not used as
personal chauffeurs or used to run errands in violation of the public
officers law.
 
JUSTIFICATION:
Recent news of actions taken by the former Governor, on top of previous
reports of Governors using the State police to spy on other individuals,
has reinvigorated a conversation of the role of the State police super-
intendent and their relationship with the elected officials they
protect. These recent scandals have exposed how this law enforcement
agency is prone to dangerous levels of political influence. Such meddl-
ing between politics and policing, whether perceived or actual, under-
mines public confidence in the role of the police force, and what their
tax dollars are being used for. Therefore it is imperative steps are
taken to shield the State police from political influences and to ensure
it is not swayed by them.
To achieve these goals, this legislation would make the appointment of
the superintendent of the State police similar to that of the Director
of the Federal Bureau of Investigations, as outlined in the U.S. Omnibus
Crime Control and Safe Streets Act of 1968 and the Crime Control Act of
1976. Under this legislation, the superintendent would no longer serve
at the will of the Governor and instead be tenured to a single seven
year term; thus limiting lawmakers' ability to intimidate the Super-
intendent into engaging in activities that violate the rules of conduct
for the State police.
To ensure the State police has not acted in response to or for the sake
of political motives, the Superintendent shall be required to brief the
Legislature on the inter- and intra-governmental activities of the agen-
cy in annual reports and at biennial hearings. These reports would give
the legislature and the public a better look at what sort of requests
are being made of the Superintendent of state police, and disclose any
political influence that is driving the decision making of the Super-
intendent.
 
LEGISLATIVE HISTORY:
2023-24: S.1145/A.1750 Diowitz -Finance
2021-22: S.1332/A.8508 Dinowitz - Finance
2019-20: S.3938 - Finance
2017-18: S.5019 - Finance
2015-16: S.2676 - Finance
2013-14: S.3437 - Finance
2011-12: S.400 - Finance
2009-10: S.7104/A.10299 - Jeffries - Finance/Ways and Means
 
FISCAL IMPACTS:
None. The existing staff will be expected to compile the annual reports
required by this bill.
 
EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the date
upon which it shall have become a law.

Statutes affected:
S702: 210 executive law, 211 executive law