STATE OF NEW YORK ________________________________________________________________________ 4424 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. DenDEKKER -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to the eligibility of military police for appointment to the state police The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 215 of the executive law, as 2 amended by chapter 478 of the laws of 2004, is amended to read as 3 follows: 4 3. The sworn members of the New York state police shall be appointed 5 by the superintendent and permanent appointees may be removed by the 6 superintendent only after a hearing. No person shall be appointed to the 7 New York state police force as a sworn member unless he or she shall be 8 a citizen of the United States, between the ages of twenty-one and twen- 9 ty-nine years except that in the superintendent's discretion, the maxi- 10 mum age may be extended to thirty-five years. Any applicant that is a 11 former military police officer shall be eligible for appointment so long 12 as his or her age does not exceed fifty-five years on the date of 13 appointment and provided that his or her application is filed within 14 eight months of their discharge from active military duty. Notwithstand- 15 ing any other provision of law or any general or special law to the 16 contrary the time spent on military duty, not exceeding a total of six 17 years, shall be subtracted from the age of any applicant who has passed 18 his or her twenty-ninth birthday, solely for the purpose of permitting 19 qualification as to age and for no other purpose. Such limitations as to 20 age however shall not apply to persons appointed to the positions of 21 counsel, first assistant counsel, assistant counsel, and assistant depu- 22 ty superintendent for employee relations nor to any person appointed to 23 the bureau of criminal investigation pursuant to section two hundred 24 sixteen of this article nor shall any person be appointed unless he or 25 she has fitness and good moral character and shall have passed a phys- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07828-01-9A. 4424 2 1 ical and mental examination based upon standards provided by the rules 2 and regulations of the superintendent. Appointments shall be made for a 3 probationary period which, in the case of appointees required to attend 4 and complete a basic training program at the state police academy, shall 5 include such time spent attending the basic school and terminate one 6 year after successful completion thereof. All other sworn members shall 7 be subject to a probationary period of one year from the date of 8 appointment. Following satisfactory completion of the probationary peri- 9 od the member shall be a permanent appointee. Voluntary resignation or 10 withdrawal from the New York state police during such appointment shall 11 be submitted to the superintendent for approval. Reasonable time shall 12 be required to account for all equipment issued or for debts or obli- 13 gations to the state to be satisfied. Resignation or withdrawal from the 14 division during a time of emergency, so declared by the governor, shall 15 not be approved if contrary to the best interest of the state and shall 16 be a misdemeanor. No sworn member removed from the New York state police 17 shall be eligible for reappointment. The superintendent shall make rules 18 and regulations subject to approval by the governor for the discipline 19 and control of the New York state police and for the examination and 20 qualifications of applicants for appointment as members thereto and such 21 examinations shall be held and conducted by the superintendent subject 22 to such rules and regulations. The superintendent is authorized to 23 charge a fee of twenty dollars as an application fee for any person 24 applying to take a competitive examination for the position of trooper, 25 and a fee of five dollars for any competitive examination for a civilian 26 position. The superintendent shall promulgate regulations subject to the 27 approval of the director of the budget, to provide for a waiver of the 28 application fee when the fee would cause an unreasonable hardship on the 29 applicant and to establish a fee schedule and charge fees for the use of 30 state police facilities. 31 § 2. This act shall take effect immediately.