Bill S463-2011

Eliminates the maximum age for appointment as a member of the state police and requires retirement at age 70

Eliminates the maximum age of 29 years for appointment as a member of the New York state police and requires retirement at age 70.

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  • Jan 4, 2012: REFERRED TO FINANCE
  • Jan 5, 2011: REFERRED TO FINANCE

Memo

BILL NUMBER:S463

TITLE OF BILL: An act to amend the executive law, in relation to the qualifications for members of the division of state police

PURPOSE OR GENERAL IDEA OF BILL: This bill eliminates the maximum age for appointment as a member of the state police and requires retirement at age 70.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivision 3 of section 215 of the executive law to allow for minimum age to be 21 and eliminates the maximum age the officer can be appointed as long as they meet fitness and good moral character requirements. section 2 makes the law effective immediately.

Under current law, once a part-time police officer reaches the age of thirty-five he or she is no longer eligible to take the civil service exam. This means a part-time police officer, with years of experience can never become a full-time officer once he/she reaches the age of 35. This limits an officer's ability to be promoted to a supervisory position, since many of these positions require competitive status.

Local police Forces have invested both time and money training their part-time officers and have argued that they would like an opportunity to consider their part-time officers for full-time status when a vacancy occurs. without an exemption in place to allow part-time officers over 35 to take the police civil service exam, mutually beneficial opportunities are lost to both the part-time officers and their employers.

New York State police holds open testing every three to four years. This allows for more deserving people to be eligible to become police officers.

The current maximum age requirement was set during a time when the average life expectancy for male was 48 years of age and female 51, days of horse and buggies and is not only restrictive but also outdated and needs to be changed. Currently life expectancy is at 77.85 years.

Currently New Hampshire, Connecticut, Vermont, Maine, Virginia, West Virginia, Georgia State police Departments and Florida Highway Patrol have no maximum age limits for civil service exams.

PRIOR LEGISLATIVE HISTORY: S.7240 of 2009-1010

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Not applicable.

EFFECTIVE DATE:

This bill will take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 463 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. NOZZOLIO -- 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 qualifications for members of the division of 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] AT LEAST twenty- one [and twenty-nine] years [except that in the superintendent's discretion, the maximum age may be extended to thirty-five years] OF AGE. [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 years, shall be subtracted from the age of any appli- cant 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 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] NO person SHALL be appointed unless he or she has fitness and good moral character and shall have passed a physical and mental examination based upon stan- dards 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. THE SUPERINTENDENT SHALL REQUIRE THE RETIREMENT OF ANY MEMBER OF THE NEW YORK STATE POLICE WHO HAS ATTAINED SEVENTY YEARS OF AGE. S 2. This act shall take effect immediately.

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