senate Bill S106A

2013-2014 Legislative Session

Lifts mandatory hiring and retirement ages for state and municipal police

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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
Jan 21, 2014 print number 106a
amend and recommit to civil service and pensions
Jan 08, 2014 referred to civil service and pensions
Jan 09, 2013 referred to civil service and pensions

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S106 - Bill Details

See Assembly Version of this Bill:
A8904
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §58, Civ Serv L; amd §215, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5386
2009-2010: S7342

S106 - Bill Texts

view summary

Lifts mandatory hiring and retirement ages for state and municipal police.

view sponsor memo
BILL NUMBER:S106

TITLE OF BILL:
An act
to amend the civil service law
and the
executive law, in relation to lifting
mandatory hiring and retirement ages for state and municipal police

PURPOSE:
To remove mandatory hiring and retirement ages for state and municipal
police.

SUMMARY OF PROVISIONS:
Section 1: Amends section 58 of the civil service law to remove the
maximum hiring age of 35 for municipal law enforcement officers.

Section 2: Amends section 215 of the executive law to remove the
maximum hiring age of 29 for state police, while keeping the minimum
age of 21 intact.

Section 3: Effective date.

EXISTING LAW:
Current law sets a maximum hiring age of 35 for municipal police
officers, and 29 for state police officers.

JUSTIFICATION:
New York is one of the only states to impose a hiring age limit on its
law enforcement officers.
This statewide law, however, is not grounded in empirical or
scientific information. In effect, the current law does little more
than exclude qualified candidates based on one and only one factor.

In a 1993 Pennsylvania State University study, (Alternatives to
Chronological Age in Determining Standards of Suitability for Public
Safety Jobs) researchers found no correlation between age and
physical ability. Instead, they discovered that lifestyle variables,
such as
exercise and diet, are much more relevant for determining a law
enforcement officer's ability to perform his or her work effectively.
Because the 1986 Age Discrimination in Employment Act designated
hiring discrimination based on age as a violation of equal
opportunity practices, but exemptions for several categories of
employment, including law enforcement, researchers recommended
allowing these provisions to sunset on schedule.

As a result, New York did not have a maximum hiring age between 1994
and 1999.

A hiring age limit today does little more than shrink the pool of
eligible candidates to join New York's law enforcement ranks. Current
medical advances and longer life expectancy make age alone a poor
indicator of a candidate's ability to effectively serve in a law
enforcement capacity.


A repeal of this cap would help bring in the best talent available,
and give police departments the widest leverage in picking the most
qualified individuals. This bill would also not alter any of the
other physical or psychological requirements law enforcement
candidates must satisfy, ensuring that New York's police are prepared
for the job before them.

This bill also addresses another discrepancy in law enforcement hiring
Practices. Currently, neither Niagara Frontier Transportation
Authority officers nor part-time police must satisfy a maximum age
limit. consequently, this bill would treat all of New York's law
enforcement officers equally.

LEGISLATIVE HISTORY:
2011/2012: S.5386/A.3587 Referred to Civil Service and Pensions
2009/2010: A.10940

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On the 180th day after becoming law.

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

                                   106

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01974-01-3

S. 106                              2

  (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 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

S. 106                              3

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.

Co-Sponsors

S106A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8904
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §58, Civ Serv L; amd §215, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5386
2009-2010: S7342

S106A (ACTIVE) - Bill Texts

view summary

Lifts mandatory hiring and retirement ages for state and municipal police.

view sponsor memo
BILL NUMBER:S106A

TITLE OF BILL: An act to amend the civil service law and the
executive law, in relation to lifting mandatory hiring and retirement
ages for state and municipal police

PURPOSE:

To remove mandatory hiring and retirement ages for state and municipal
police.

SUMMARY OF PROVISIONS:

Section 1: Amends section 58 of the civil service law to remove the
maximum hiring age of 35 for municipal law enforcement officers.

Section 2: Amends section 215 of the executive law to remove the
maximum hiring age of 29 for state police, while keeping the minimum
age of 21 intact.

Section 3: Effective date.

EXISTING LAW:

Current law sets a maximum hiring age of 35 for municipal police
officers, and 29 for state police officers.

JUSTIFICATION:

New York is one of the only states to impose a hiring age limit on its
law enforcement officers. This statewide law, however, is not grounded
in empirical or scientific information. In effect, the current law
does little more than exclude qualified candidates based on one and
only one factor.

In a 1993 Pennsylvania State University study (Alternatives to
Chronological Age in Determining Standards of Suitability for Public
Safety Jobs), researchers found no correlation between age and
physical ability. Instead, they discovered that lifestyle variables,
such as exercise and diet, are much more relevant for determining a
law enforcement officer's ability to perform his or her work
effectively. Because the 1986 Age Discrimination in Employment Act
designated hiring discrimination based on age a violation of equal
opportunity practices but exempted several categories of employment
including law enforcement, researchers recommended allowing these
provisions to sunset on schedule.

As a result, New York did not have a maximum hiring age between 1994
and 1999.

A hiring age limit today does little more than shrink the pool of
eligible candidates to join New York's law enforcement ranks. Current
medical advances and longer life expectancy make age alone a poor
indicator of a candidate's ability to effectively serve in a law
enforcement capacity.


A repeal of this cap would help bring in the best talent available,
and give police departments the widest leverage in picking the most
qualified individuals. This bill would also not alter any of the other
physical or psychological requirements law enforcement candidates must
satisfy, ensuring that New York's police are prepared for the job
before them.

This bill also addresses another discrepancy in law enforcement hiring
practices. Currently, neither Niagara Frontier Transportation
Authority officers nor part-time police must satisfy a maximum age
limit. Consequently, this bill would treat all of New York's law
enforcement officers equally.

LEGISLATIVE HISTORY:

2011/2012: S.5386/A.3587 Referred to Civil Service and Pensions
2009/2010: A.10940

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

On the 180th day after becoming law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 106--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GALLIVAN, MAZIARZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- recommitted to the Committee on Civil Service and Pensions
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01974-02-4

S. 106--A                           2

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
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

S. 106--A                           3

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.

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