S T A T E   O F   N E W   Y O R K
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                                 6016--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2013
                               ___________

Introduced  by  M.  of  A.  GIGLIO,  WEISENBERG, THIELE -- read once and
  referred to the Committee on Governmental Employees -- recommitted  to
  the  Committee  on  Governmental Employees in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the civil service law and the executive law, in relation
  to  eliminating the maximum age limitation for appointment as a police
  officer or as an environmental conservation officer

  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 244 of the laws of 2013,  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   or  a  police  officer  in  the  department  of  environmental
conservation, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06843-03-4
              

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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
and fitness set forth by this chapter and do not exceed the maximum  age
of thirty-nine];
  S  2. Subdivision 2 of section 58 of the civil service law, as amended
by chapter 244 of the laws of 2013, as amended to read as follows:
  2. The provisions of this section shall not prevent any county,  city,
town,  village, housing authority, transit authority, police district or
the department of environmental conservation from setting more  restric-
tive  requirements  of  eligibility for its police officers[, except the
maximum age to be a police officer  as  provided  in  paragraph  (a)  of
subdivision one of this section].
  S  3.  Subdivision  4 of section 58 of the civil service law, as sepa-
rately amended by chapters 375 and 397 of the laws of  1990,  paragraphs
(a) and (b) as amended by chapter 244 of the laws of 2013, paragraph (c)
as amended by chapter 190 of the laws of 2008 and subparagraphs (ii) and
(iv) of paragraph (c) as amended by section 58 of subpart B of part C of
chapter 62 of the laws of 2011, is amended to read as follows:
  4.  (a) [Any person who has received provisional or permanent appoint-
ment in the competitive class of the civil service as a  police  officer
of  the  regional  state  park  police,  the department of environmental
conservation or any police force or police  department  of  any  county,
city,  town,  village,  housing  authority,  transit authority or police
district shall be eligible to resign from any  police  force  or  police
department,  and  to be appointed as a police officer in the same or any
other police force or  police  department  without  satisfying  the  age
requirements  set  forth  in  paragraph  (a)  of subdivision one of this
section at the time of such second or subsequent  appointment,  provided
such  second  or subsequent appointment occurs within thirty days of the
date of resignation.
  (b) Any person who has received permanent appointment in  the  compet-
itive  class  of  the  civil service as a police officer of the regional
state park police, the department of environmental conservation  or  any
police  force  or  police department of any county, city, town, village,
housing authority, transit authority or police district shall be  eligi-
ble to resign from any police force or police department and, subject to
such  civil  service  rules  as may be applicable, shall be eligible for
reinstatement in the same police force or police department  or  in  any
other  police force or police department to which he or she was eligible
for transfer, without satisfying the age requirements set forth in para-
graph (a) of subdivision one of this section at the time of  such  rein-
statement,  provided  such  reinstatement  occurs within one year of the
date of resignation.
  (c) (i)] Legislative findings and declaration. The legislature  hereby
finds  and  declares  that  it  is frequently impracticable to ascertain
fitness for the positions of detective and investigator  within  various
police  or  sheriffs  departments around the state by means of a compet-
itive examination due to the unique nature of the  duties  assigned  and
the  intangible  personal  qualities  needed to perform such duties. The

A. 6016--A                          3

legislature further finds that competitive examination  has  never  been
employed  in  many police, correction or sheriffs departments, to ascer-
tain fitness for the positions of detective and investigator within such
police, correction or sheriffs departments; such fitness has always been
determined  by  evaluation of the capabilities of an individual (who has
in any case received permanent appointment to  the  position  of  police
officer, correction officer of any rank or deputy sheriff) by superviso-
ry  personnel.  The  legislature  further  finds  that an individual who
performs in an investigatory position in a manner sufficiently satisfac-
tory to the appropriate supervisors to hold such  an  assignment  for  a
period  of eighteen months, has demonstrated fitness for the position of
detective or investigator within such  police,  correction  or  sheriffs
department  at least as sufficiently as could be ascertained by means of
a competitive examination.
  [(ii)] (B) Notwithstanding any other provision of law, in  any  juris-
diction,  other  than a city with a population of one million or more or
the state department of corrections  and  community  supervision,  which
does  not administer examinations for designation to detective or inves-
tigator, any person who has received permanent appointment to the  posi-
tion of police officer, correction officer of any rank or deputy sheriff
and is temporarily assigned to perform the duties of detective or inves-
tigator  shall, whenever such assignment to the duties of a detective or
investigator exceeds eighteen months, be  permanently  designated  as  a
detective  or  investigator and receive the compensation ordinarily paid
to persons in such designation.
  [(iii)] (C) Nothing contained in [subparagraph (ii)] PARAGRAPH (B)  of
this  [paragraph] SUBDIVISION  shall be construed to limit any jurisdic-
tion's ability to administer examinations for appointment to  the  posi-
tions  of  detective  and investigator, provided however that any person
temporarily assigned to perform the duties of detective or  investigator
within  the  period  commencing September twenty-third, nineteen hundred
ninety-three through and including the date upon  which  this  paragraph
shall  have  become a law and who has not been designated as a detective
or investigator and who has not been subject to an examination for which
there is a certified eligible list, shall be permanently designated as a
detective or investigator whenever such  assignment  to  the  duties  of
detective or investigator exceeds eighteen months.
  [(iv)]  (D)  Detectives  and  investigators designated since September
twenty-third, nineteen hundred ninety  and  prior  to  February  twenty-
fourth, nineteen hundred ninety-five by any state, county, town, village
or  city  (other than a city with a population of one million or more or
the state department of corrections and community  supervision)  police,
correction  or  sheriffs  department, pursuant to the provisions of this
paragraph in effect during such period, who continue to  serve  in  such
positions,  shall  retain their detective or investigator status without
any right to retroactive financial entitlement.
  S 4. 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] AND AT LEAST twen-
ty-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

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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  qualification as to age and for no other purpose. Such limi-
tations 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] YEARS OF AGE. NOR shall any
person be appointed unless he or she has fitness and good moral  charac-
ter  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 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.
  S 5. This act shall take effect immediately.