senate Bill S1036

2011-2012 Legislative Session

Raises the maximum age for a member of the New York state police to 35 years

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Apr 25, 2012 advanced to third reading
Apr 19, 2012 2nd report cal.
Apr 18, 2012 1st report cal.517
Jan 04, 2012 referred to finance
Jan 05, 2011 referred to finance

Votes

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Apr 18, 2012 - Finance committee Vote

S1036
29
1
committee
29
Aye
1
Nay
3
Aye with Reservations
0
Absent
2
Excused
0
Abstained
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Co-Sponsors

S1036 - Bill Details

See Assembly Version of this Bill:
A5241
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd ยง215, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S1904A, A7516

S1036 - Bill Texts

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Raises the maximum age for a member of the New York state police to 35 years.

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BILL NUMBER: S1036

TITLE OF BILL :
An act to amend the executive law, in relation to the maximum age of a
member of the New York state police


PURPOSE OR GENERAL IDEA OF BILL :
Raises the maximum age for a Member of the New York state police to 35
years.

SUMMARY OF SPECIFIC PROVISIONS :
Section one amends subdivision 3 of section 215 of the executive law;
as amended by chapter 478 of the laws of 2004 to raise the maximum age
for a newly sworn member of the New York state police from 29 to 35
years. Superintendent would have discretion to increase the age to 40
if desired, and applicants would be able to subtract up to 5 years of
military service for purposes of meeting the age requirement. Section
two of the bill contains an effective date of immediately.

JUSTIFICATION :
This legislation would make the age limits for the New York State
Police, now 29, commensurate with the maximum age of 35 years of age
for all other NYS-based police agencies with provisional or permanent
appointment as a competitive class Police Officer or Deputy Sheriff
under Section 58 of Civil Service Law. Under current law, the
superintendent has the discretion to increase the maximum age to 35
years, but is not required to do so. This bill would allow the
superintendent the discretion to increase the maximum age to 40 if
desired. Up to 5 years of active duty military service may also be
subtracted from the applicant's age for the purpose of meeting the 35
year age limit. This proposed change would also be consistent with the
NYPD age limit of 35. In addition, the age of 35 would still allow
for the completion of potential service careers of 20 years or more
(mandatory retirement age for a NYS Trooper is 57 but veterans are
eligible to buy back a portion of their service time) while increasing
the pool of qualified candidates interested in pursuing such a career.

PRIOR LEGISLATIVE HISTORY :
2010 - S.1904 - REFERRED TO FINANCE; A.7516 - to governmental
operations
2008 - S.5312 - REFERRED TO FINANCE

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

EFFECTIVE DATE :
Immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1036

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. KLEIN, ADAMS -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to the maximum age  of  a
  member of the New York 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 twenty-one and
[twenty-nine] THIRTY-FIVE years  except  that  in  the  superintendent's
discretion,  the  maximum  age  may  be  extended to [thirty-five] FORTY
years. 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] FIVE years, shall be subtracted from the age of any
applicant  who  has passed his or her [twenty-ninth] THIRTY-FIFTH birth-
day, 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 coun-
sel, assistant counsel, and assistant deputy superintendent for employee
relations nor to any person appointed to the bureau of criminal investi-
gation pursuant to section two hundred sixteen of this article nor shall
any person be appointed 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  superinten-
dent. Appointments shall be made for a probationary period which, in the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04446-01-1

S. 1036                             2

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 proba-
tionary  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  equipment  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 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 2. This act shall take effect immediately.

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