S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5824
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 Introduced  by M. of A. GIGLIO, CROUCH, McDONOUGH, DeSTEFANO, MORINELLO,
   THIELE, HAWLEY, REILLY, LAWRENCE, SMULLEN -- Multi-Sponsored by --  M.
   of  A.    SAYEGH -- read once and referred to the Committee on Govern-
   mental Employees
 
 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
 city of Buffalo civil service commission  for  employment  as  a  police

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

                                                            LBD06863-01-9

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 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];
   §  2. Subdivision 2 of section 58 of the civil service law, as amended
 by chapter 244 of the laws of 2013, is 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].
   §  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 561 of the laws of 2015, 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  state  university  of  New  York
 police, the department of environmental conservation or any police force
 or police department of any county, city, town, village, housing author-
 ity,  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 depart-
 ment without satisfying the age requirements set forth in paragraph  (a)
 of  subdivision one of this section at the time of such second or subse-
 quent 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 state university of New York police, the  depart-
 ment of environmental conservation or any police force or police depart-
 ment  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, 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  satis-
 fying the age requirements set forth in paragraph (a) of subdivision one
 of  this  section at the time of such reinstatement, provided such rein-
 statement 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
 legislature further finds that competitive examination  has  never  been

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 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.
   § 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
 to the contrary the time spent on military duty, not exceeding  a  total

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 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.
   § 5. This act shall take effect immediately.