Bill Text: NY A02341 | 2015-2016 | General Assembly | Introduced
Bill Title: Lifts mandatory hiring and retirement ages for state and municipal police.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to governmental employees [A02341 Detail]
Download: New_York-2015-A02341-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2341
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law and the executive law, in relation
to lifting mandatory hiring and retirement ages for state and munici-
pal police
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 1 of section 58 of the civil
2 service law, as amended by chapter 244 of the laws of 2013, is amended
3 to read as follows:
4 (a) he or she is not less than twenty years of age as of the date of
5 appointment [nor more than thirty-five years of age as of the date when
6 the applicant takes the written examination, provided that the maximum
7 age requirement of thirty-five years of age as set forth in this para-
8 graph shall not apply to eligible lists finalized pursuant to an exam-
9 ination administered prior to May thirty-first, nineteen hundred nine-
10 ty-nine or a police officer in the department of environmental
11 conservation, provided, however, that:
12 (i) time spent on military duty or on terminal leave, not exceeding a
13 total of six years, shall be subtracted from the age of any applicant
14 who has passed his or her thirty-fifth birthday as provided in subdivi-
15 sion ten-a of section two hundred forty-three of the military law;
16 (ii) such maximum age requirement of thirty-five years shall not apply
17 to any police officer as defined in subdivision thirty-four of section
18 1.20 of the criminal procedure law, who was continuously employed by the
19 Buffalo municipal housing authority between January first, two thousand
20 five and June thirtieth, two thousand five and who takes the next writ-
21 ten exam offered after the effective date of this subparagraph by the
22 city of Buffalo civil service commission for employment as a police
23 officer in the city of Buffalo police department, or June thirtieth, two
24 thousand six, whichever is later; and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01043-01-5
A. 2341 2
1 (iii) such maximum age requirement of thirty-five years shall not
2 apply to any police officer of any county, town, city or village police
3 force not otherwise provided for in this section if the eligible list
4 has been exhausted and there are no other eligible candidates; provided,
5 however, the police officer themselves are on the eligible list of such
6 county, town, city or village and meet all other requirements of merit
7 and fitness set forth by this chapter and do not exceed the maximum age
8 of thirty-nine];
9 S 2. Subdivision 3 of section 215 of the executive law, as amended by
10 chapter 478 of the laws of 2004, is amended to read as follows:
11 3. The sworn members of the New York state police shall be appointed
12 by the superintendent and permanent appointees may be removed by the
13 superintendent only after a hearing. No person shall be appointed to the
14 New York state police force as a sworn member unless he or she shall be
15 a citizen of the United States, [between the ages of twenty-one and
16 twenty-nine years except that in the superintendent's discretion, the
17 maximum age may be extended to thirty-five years. Notwithstanding any
18 other provision of law or any general or special law to the contrary the
19 time spent on military duty, not exceeding a total of six years, shall
20 be subtracted from the age of any applicant who has passed his or her
21 twenty-ninth birthday, solely for the purpose of permitting qualifica-
22 tion as to age and for no other purpose. Such limitations as to age
23 however shall not apply to persons appointed to the positions of coun-
24 sel, first assistant counsel, assistant counsel, and assistant deputy
25 superintendent for employee relations nor to any person appointed to the
26 bureau of criminal investigation pursuant to section two hundred sixteen
27 of this article nor shall any person be appointed] NOT LESS THAN TWEN-
28 TY-ONE YEARS OF AGE AS OF THE DATE OF APPOINTMENT, OR unless he or she
29 has fitness and good moral character and shall have passed a physical
30 and mental examination based upon standards provided by the rules and
31 regulations of the superintendent. Appointments shall be made for a
32 probationary period which, in the case of appointees required to attend
33 and complete a basic training program at the state police academy, shall
34 include such time spent attending the basic school and terminate one
35 year after successful completion thereof. All other sworn members shall
36 be subject to a probationary period of one year from the date of
37 appointment. Following satisfactory completion of the probationary peri-
38 od the member shall be a permanent appointee. Voluntary resignation or
39 withdrawal from the New York state police during such appointment shall
40 be submitted to the superintendent for approval. Reasonable time shall
41 be required to account for all equipment issued or for debts or obli-
42 gations to the state to be satisfied. Resignation or withdrawal from the
43 division during a time of emergency, so declared by the governor, shall
44 not be approved if contrary to the best interest of the state and shall
45 be a misdemeanor. No sworn member removed from the New York state police
46 shall be eligible for reappointment. The superintendent shall make rules
47 and regulations subject to approval by the governor for the discipline
48 and control of the New York state police and for the examination and
49 qualifications of applicants for appointment as members thereto and such
50 examinations shall be held and conducted by the superintendent subject
51 to such rules and regulations. The superintendent is authorized to
52 charge a fee of twenty dollars as an application fee for any person
53 applying to take a competitive examination for the position of trooper,
54 and a fee of five dollars for any competitive examination for a civilian
55 position. The superintendent shall promulgate regulations subject to the
56 approval of the director of the budget, to provide for a waiver of the
A. 2341 3
1 application fee when the fee would cause an unreasonable hardship on the
2 applicant and to establish a fee schedule and charge fees for the use of
3 state police facilities.
4 S 3. This act shall take effect on the one hundred eightieth day after
5 it shall have become a law.
