Raises the maximum age for a member of the New York state police to 35 years.
Ayes (29): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Lanza, Larkin, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (3): Griffo, LaValle, Peralta
Nays (1): Parker
Excused (2): Hannon, Oppenheimer
BILL NUMBER: S1036
TITLE OF BILL : An act to amend the executive law, in relation to the maximum age of a member of the New York state police
PURPOSE OR GENERAL IDEA OF BILL : Raises the maximum age for a Member of the New York state police to 35 years.
SUMMARY OF SPECIFIC PROVISIONS : Section one amends subdivision 3 of section 215 of the executive law; as amended by chapter 478 of the laws of 2004 to raise the maximum age for a newly sworn member of the New York state police from 29 to 35 years. Superintendent would have discretion to increase the age to 40 if desired, and applicants would be able to subtract up to 5 years of military service for purposes of meeting the age requirement. Section two of the bill contains an effective date of immediately.
JUSTIFICATION : This legislation would make the age limits for the New York State Police, now 29, commensurate with the maximum age of 35 years of age for all other NYS-based police agencies with provisional or permanent appointment as a competitive class Police Officer or Deputy Sheriff under Section 58 of Civil Service Law. Under current law, the superintendent has the discretion to increase the maximum age to 35 years, but is not required to do so. This bill would allow the superintendent the discretion to increase the maximum age to 40 if desired. Up to 5 years of active duty military service may also be subtracted from the applicant's age for the purpose of meeting the 35 year age limit. This proposed change would also be consistent with the NYPD age limit of 35. In addition, the age of 35 would still allow for the completion of potential service careers of 20 years or more (mandatory retirement age for a NYS Trooper is 57 but veterans are eligible to buy back a portion of their service time) while increasing the pool of qualified candidates interested in pursuing such a career.
PRIOR LEGISLATIVE HISTORY : 2010 - S.1904 - REFERRED TO FINANCE; A.7516 - to governmental operations 2008 - S.5312 - REFERRED TO FINANCE
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1036 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. KLEIN, ADAMS -- 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 the maximum age of a member of the New York 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]THIRTY-FIVE years except that in the superintendent's discretion, the maximum age may be extended to [thirty-five]FORTY years. Notwithstanding any other provision of law or any general or special law to the contrary the time spent on military duty, not exceed- ing a total of [six]FIVE years, shall be subtracted from the age of any applicant who has passed his or her [twenty-ninth]THIRTY-FIFTH birth- day, 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 coun- sel, assistant counsel, and assistant deputy superintendent for employee relations nor to any person appointed to the bureau of criminal investi- gation 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 physical and mental examination based upon standards provided by the rules and regulations of the superinten- dent. Appointments shall be made for a probationary period which, in theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04446-01-1 S. 1036 2
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 proba- tionary 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 equipment 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 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. S 2. This act shall take effect immediately.