Section 88. When railroads may designate policemen

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  policeman,
  with  all  the  powers  of  a  policeman 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.  When  the  committed  offense  would  constitute  a
  violation a summons in lieu of arrest may be issued. In the city of  New
  York  such  summonses  shall  be  issued  only  in  accordance  with the
  provisions of paragraph eight of section fifty-seven  of  the  New  York
  city  criminal  court  act  and  any  rule or order of court promulgated
  pursuant thereto.
    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  by  a  police  agency  and  shall  cause  one set of such
  fingerprints to be forwarded to the division of identification, New York
  state department of correction, at Albany, New York, and one set of such
  fingerprints to be forwarded to  the  identification  division,  federal
  bureau  of  investigation,  United  States  department  of  justice,  at
  Washington, D. C., with the request  that  such  fingerprints  shall  be
  searched by each agency against the fingerprint records in its files and
  be  retained  in the files of such agencies and the further request that
  reports of the results of such searches  shall  be  transmitted  to  the
  superintendent of state police.
    4.  Reports of the results of such searches of the fingerprint records
  of the department of correction and of the department of  justice  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 the  preceding  two  paragraphs  of  this
  section   shall  be  appointed  a  policeman  under  this  section,  the
  corporation, express company or steamboat company which made application
  for his 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 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 written consent to his
  appointment as such policeman.
    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 policeman.
    12. Each person designated to act as such policeman  shall  receive  a
  license  from the secretary of state and shall not be permitted to enter
  upon his duties as such policeman until he has  actually  received  such
  license.
    13.  Every  such  policeman  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 policeman 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  policeman  and  he  shall  not be permitted to
  exercise the duties or functions of a policeman 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
  has been appointed.

    15. The compensation of every such policeman shall be such as  may  be
  agreed  upon  between  him  and  the  corporation,  express  company, or
  steamboat company, for which he 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  policeman  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 policeman  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 was appointed, and also to the
  person  whose  appointment  is  suspended  or  revoked, at his 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 upon the filing of  a  restoration
  notice  to  the  department  of  state,  the  person  suspended, and his
  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 policeman, under this section, he 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.