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.