S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4424
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation  to  the  eligibility  of
   military police for appointment to the 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 twen-
 ty-nine  years except that in the superintendent's discretion, the maxi-
 mum age may be extended to thirty-five years. ANY APPLICANT  THAT  IS  A
 FORMER MILITARY POLICE OFFICER SHALL BE ELIGIBLE FOR APPOINTMENT SO LONG
 AS  HIS  OR  HER  AGE  DOES  NOT  EXCEED FIFTY-FIVE YEARS ON THE DATE OF
 APPOINTMENT AND PROVIDED THAT HIS OR HER  APPLICATION  IS  FILED  WITHIN
 EIGHT MONTHS OF THEIR DISCHARGE FROM ACTIVE MILITARY DUTY. Notwithstand-
 ing  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
 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 counsel, assistant counsel, and assistant depu-
 ty 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 unless  he  or
 she  has  fitness and good moral character and shall have passed a phys-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07828-01-9

 A. 4424                             2
 
 ical 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
 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 immediately.