S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8949--A
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by  M.  of  A.  McDONALD,  SHIMSKY,  GUNTHER, LUCAS, TAYLOR,
   SEAWRIGHT,  WILLIAMS,  BICHOTTE HERMELYN,  DAVILA,  LEVENBERG,   COOK,
   SEPTIMO,  WOERNER, STECK -- read once and referred to the Committee on
   Governmental Employees -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the civil service law, in relation to increasing the age
   of  eligibility  for  provisional  or permanent appointment of certain
   police officers from thirty-five to forty
 
   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] FORTY years of  age  as  of  the
 date when the applicant takes the written examination, provided that the
 maximum age requirement of [thirty-five] FORTY years of age as set forth
 in  this  paragraph shall not apply to eligible lists finalized pursuant
 to an examination  administered  prior  to  May  thirty-first,  nineteen
 hundred  ninety-nine  or  a police officer in the department of environ-
 mental 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] FORTIETH birthday  as  provided
 in  subdivision ten-a of section two hundred forty-three of the military
 law;
   (ii) such maximum age requirement of [thirty-five] FORTY  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 written exam offered after the  effective  date  of  this
 subparagraph by the city of Buffalo civil service commission for employ-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14061-03-4
              

 A. 8949--A                          2
 
 ment  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] FORTY 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  require-
 ments  of  merit and fitness set forth by this chapter and do not exceed
 the maximum age of [thirty-nine] FORTY-FOUR;
   § 2. This act shall take effect immediately.