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

                                  7342

                            I N  S E N A T E

                             March 31, 2010
                               ___________

Introduced  by  Sen.  VOLKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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:

  Section 1. Paragraph (a) of subdivision 1 of section 58 of  the  civil
service  law,  as amended by chapter 346 of the laws of 2008, is amended
to read as follows:
  (a) he or she is not less than twenty years of age as of the  date  of
appointment  [nor more than thirty-five years of age as of the date when
the applicant takes the written examination, provided that  the  maximum
age  requirement  of thirty-five years of age as set forth in this para-
graph shall not apply to eligible lists finalized pursuant to  an  exam-
ination  administered  prior to May thirty-first, nineteen hundred nine-
ty-nine, provided, however, that:
  (i) time spent on military duty or on terminal leave, not exceeding  a
total  of  six  years, shall be subtracted from the age of any applicant
who has passed his or her thirty-fifth birthday as provided in  subdivi-
sion ten-a of section two hundred forty-three of the military law;
  (ii) such maximum age requirement of thirty-five years shall not apply
to  any  police officer as defined in subdivision thirty-four of section
1.20 of the criminal procedure law, who was continuously employed by the
Buffalo municipal housing authority between January first, two  thousand
five  and June thirtieth, two thousand five and who takes the next writ-
ten exam offered after the effective date of this  subparagraph  by  the
city  of  Buffalo  civil  service  commission for employment as a police
officer in the city of Buffalo police department, or June thirtieth, two
thousand six, whichever is later; and
  (iii) such maximum age requirement  of  thirty-five  years  shall  not
apply  to any police officer of any county, town, city or village police
force not otherwise provided for in this section if  the  eligible  list
has been exhausted and there are no other eligible candidates; provided,
however,  the police officer themselves are on the eligible list of such
county, town, city or village and meet all other requirements  of  merit

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16116-02-0

S. 7342                             2

and  fitness set forth by this chapter and do not exceed the maximum age
of thirty-nine];
  S  2. 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 twenty-one and
twenty-nine years except that in the  superintendent's  discretion,  the
maximum  age  may  be extended to thirty-five years. Notwithstanding any
other provision of law or any general or special law to the contrary the
time spent on military duty, not exceeding a total of six  years,  shall
be  subtracted  from  the age of any applicant who has passed his or her
twenty-ninth birthday, solely for the purpose of  permitting  qualifica-
tion  as  to  age  and  for no other purpose. Such limitations as to age
however shall not apply to persons appointed to the positions  of  coun-
sel,  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 person be appointed] NOT LESS  THAN  TWEN-
TY-ONE  YEARS  OF AGE AS OF THE DATE OF APPOINTMENT, OR unless he or she
has fitness and good moral character and shall have  passed  a  physical
and  mental  examination  based upon standards 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 peri-
od  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 equipment issued or for  debts  or  obli-
gations 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 reappointment. 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  regulations.  The  superintendent  is  authorized  to
charge  a  fee  of  twenty  dollars as an application fee for any person
applying to take a competitive examination for the position of  trooper,
and a fee of five dollars for any competitive examination for a civilian
position. The superintendent shall promulgate regulations subject to the
approval  of  the director 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.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.