Senate Bill S5206

2017-2018 Legislative Session

Lifts mandatory hiring and retirement ages for state police

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Mar 15, 2017	referred to finance

2017-S5206 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §215, Exec L

2017-S5206 (ACTIVE) - Summary

Lifts mandatory hiring and retirement ages for state police.

2017-S5206 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5206

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

 PURPOSE :

To remove mandatory hiring and retirement ages for state police.

 SUMMARY OF PROVISIONS :

Section 1: 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 2: Effective date.

 EXISTING LAW :

Current law sets a maximum hiring age of 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 :

Similar provisions to S.531/A.2341 (2015-16)
 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2017-S5206 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5206
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  lifting  mandatory
   hiring and retirement ages for 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10601-01-7

 S. 5206                             2
 
 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S5206

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Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2017-S5206 (ACTIVE) - Details

2017-S5206 (ACTIVE) - Summary

2017-S5206 (ACTIVE) - Sponsor Memo

2017-S5206 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2017-S5206 (ACTIVE) - Details

2017-S5206 (ACTIVE) - Summary

2017-S5206 (ACTIVE) - Sponsor Memo

2017-S5206 (ACTIVE) - Bill Text download pdf

Comments