NY RR L § 88 (2021)
2021 New York Laws RRD - Railroad Article 3 - Construction, Operation and Management 88 - When Railroads May Designate Police Officers.

§  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.