S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6821

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  -- Multi-Sponsored by -- M. of A.
  BACALLES, BOYLAND, CAHILL,  COLTON,  CROUCH,  ERRIGO,  GALEF,  LAVINE,
  LIFTON,  MAGEE, MAISEL, MAYERSOHN, MOLINARO, PEOPLES, PHEFFER, REILLY,
  J. RIVERA, ROSENTHAL, SWEENEY, TOWNS,  TOWNSEND,  WEISENBERG  --  read
  once and referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to the qualifications for
  members of the division of state police

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section  215  of  the  executive  law,  as
amended  by  chapter  478  of  the  laws  of 2004, is amended to read as
follows:
  3. The sworn members of the New York state police shall  be  appointed
by  the  superintendent  and  permanent appointees may be removed by the
superintendent only after a hearing. No person shall be appointed to the
New York state police force as a sworn member unless he or she shall  be
a  citizen  of the United States, [between the ages of] AT LEAST twenty-
one  [and  twenty-nine]  years  [except  that  in  the  superintendent's
discretion,  the  maximum  age  may be extended to thirty-five years] OF
AGE. [Notwithstanding any other provision  of  law  or  any  general  or
special law to the contrary the time spent on military duty, not exceed-
ing a total of six years, shall be subtracted from the age of any appli-
cant  who  has  passed  his or her twenty-ninth birthday, solely for the
purpose of permitting qualification as to age and for no other  purpose.
Such  limitations as to age however shall not apply to persons appointed
to the positions of counsel, first assistant counsel, assistant counsel,
and assistant deputy superintendent for employee relations  nor  to  any
person  appointed  to  the  bureau of criminal investigation pursuant to
section two hundred sixteen of this article nor  shall  any]  NO  person
SHALL be appointed unless he or she has fitness and good moral character
and shall have passed a physical and mental examination based upon stan-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10040-01-9
              

A. 6821                             2

dards  provided  by  the  rules  and  regulations of the superintendent.
Appointments shall be made for a probationary period which, in the  case
of  appointees  required to attend and complete a basic training program
at the state police academy, shall include such time spent attending the
basic school and terminate one year after successful completion thereof.
All other sworn members shall be subject to a probationary period of one
year  from the date of appointment. Following satisfactory completion of
the probationary period the  member  shall  be  a  permanent  appointee.
Voluntary  resignation  or  withdrawal  from  the  New York state police
during such appointment shall be submitted  to  the  superintendent  for
approval.    Reasonable time shall be required to account for all equip-
ment issued or for debts or obligations to the state  to  be  satisfied.
Resignation  or withdrawal from the division during a time of emergency,
so declared by the governor, shall not be approved if  contrary  to  the
best  interest  of the state and shall be a misdemeanor. No sworn member
removed from the New York state police shall be eligible for  reappoint-
ment.  The  superintendent  shall  make rules and regulations subject to
approval by the governor for the discipline and control of the New  York
state  police  and  for the examination and qualifications of applicants
for appointment as members thereto and such examinations shall  be  held
and  conducted  by  the  superintendent  subject to such rules and regu-
lations. The superintendent is authorized to  charge  a  fee  of  twenty
dollars  as an application fee for any person applying to take a compet-
itive examination for the position of trooper, and a fee of five dollars
for any competitive examination for a civilian position. The superinten-
dent shall promulgate regulations subject to the approval of the  direc-
tor  of  the budget, to provide for a waiver of the application fee when
the fee would cause an unreasonable hardship on  the  applicant  and  to
establish  a  fee  schedule  and charge fees for the use of state police
facilities. THE SUPERINTENDENT  SHALL  REQUIRE  THE  RETIREMENT  OF  ANY
MEMBER  OF  THE  NEW YORK STATE POLICE WHO HAS ATTAINED SEVENTY YEARS OF
AGE.
  S 2. This act shall take effect immediately.