NY State Senate Bill 2015-S5551

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 29, 2016	reported and committed to finance
Jan 06, 2016	referred to veterans, homeland security and military affairs
Jun 01, 2015	reported and committed to finance
May 14, 2015	referred to veterans, homeland security and military affairs

Votes

- Feb 29, 2016 - Veterans, Homeland Security And Military Affairs Committee Vote
  S5551
  
  11
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Feb 29, 2016
      
      aye (11)
      
      Addabbo Jr.
      
      Amedore
      
      Carlucci
      
      Croci
      
      Felder
      
      Golden
      
      Larkin
      
      Marchione
      
      Ortt
      
      Sanders Jr.
      
      Serrano
      
      aye wr (1)
      
      Panepinto
      
      excused (1)
      
      Comrie
  Jun 1, 2015 - Veterans, Homeland Security And Military Affairs Committee Vote
  S5551
  
  11
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Jun 1, 2015
      
      aye (11)
      
      Addabbo Jr.
      
      Amedore
      
      Carlucci
      
      Comrie
      
      Croci
      
      Golden
      
      Griffo
      
      Larkin
      
      Ortt
      
      Sanders Jr.
      
      Serrano
      
      aye wr (1)
      
      Panepinto

co-Sponsors

2015-S5551 (ACTIVE) - Details

See Assembly Version of this Bill:: A8014
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §215, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1923, A3235
2019-2020: A4424

2015-S5551 (ACTIVE) - Summary

Relates to the eligibility of military police for appointment to the state police.

2015-S5551 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5551

TITLE OF BILL:

An act to amend the executive law, in relation to the eligibility of
military police for appointment to the state police

PURPOSE:

To extend the eligibility of military police for appointment to the New
York State Police.

SUMMARY OF PROVISIONS:

Section 1 amends § 215(3) of the executive law to provide that any
applicant to the New York State Police 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.

Section 2 provides the effective date.

EXISTING LAW:

Pursuant to § 210 of the Executive Law, the division of the state police

in the executive department is known as the "New York State Police." The
head of the New York State Police shall be the superintendant of state
police, appointed by the governor, with the advice and consent of the
Senate.

Pursuant to § 215(1) of the Executive Law, the New York State Police
shall, in addition to the superintendent, consist of a variety of sworn
members, including headquarters staff, majors, lieutenants, first
sergeants, sergeants, technical sergeants, corporals, and troopers.
Appointment or assignment to such positions shall be made by the super-
intendant under his or her discretion as may be required to carry out
the purposes of the New York State Police. The superintendant maybe also
appoint other additional personnel as may be required for all necessary
police purposes, including policing and protecting the lands and park-
ways of the state.

Pursuant to § 215(3) of the Executive Law, no person shall be appointed
to the New York State Police force as a sworn member unless he or she is
a citizen of the United States and is between the ages of twenty-one and
twenty-nine years of age. At the superintendant's discretion the maximum
age may be extended to thirty-five years. 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.

Pursuant to § 215(3-a) of the Executive Law, the superintendent shall
promulgate rules and regulations for the administration of supplemental
competitive examinations, to be given at not less than six month inter-
vals for two years following the application deadline date of the regu-
lar competitive examination for the position of trooper, for individuals
who, on the application deadline date or on the date of the regular
competitive examination, are in the active military service and are
otherwise qualified to sit for such exam.

JUSTIFICATION:

New York is one of the only states to impose an age limit on its hiring
of law enforcement officers. Limiting law enforcement hires based on
age, however, has not been shown to increase the effectiveness and effi-
cacy of the force. As a result the current law excludes qualified candi-
dates based on an arbitrary factor.

A 1993 Pennsylvania State University student entitled, Alternatives to
Chronological Age in Determining Standards of Suitability for Public
Safety Jobs, found no correlation between age and physical ability.
Instead, researchers discovered that lifestyle variables, such as exer-
cise and diet, are much more relevant for determining a law enforcement
officer's ability to perform his or her work proficiently.

This is especially true of active duty military police officers, who are
among the most highly trained and physically competent officers in the
armed services. Military Police are the most demanded enabler for major
combat operations, stability operations, expeditionary operations, civil
assistance, and homeland consequence management. As such, age alone
should not proscribe a military police officer's eligibility for appli-
cation and appointment to the State Police. To remedy this dispropor-
tionality, this bill provides that any applicant to the New York State
Police 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.

Ensuring that the best, brightest, and most thoroughly trained individ-
uals comprise the New York State Police is an important objective of the
legislature. Extending eligibility for state police appointment to high-
ly qualified and prepared military police officers, who have only
recently ended their active duty commissions, would help ensure that
goal. For all of these reasons, it is imperative that this bill is
enacted.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5551 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5551

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10498-02-5

S. 5551                             2

she  has  fitness and good moral character and shall have passed a phys-
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.
  S 2. This act shall take effect immediately.

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Senate Bill S5551

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Feb 29, 2016 - Veterans, Homeland Security And Military Affairs Committee Vote

Veterans, Homeland Security And Military Affairs Committee Vote: Feb 29, 2016

Jun 1, 2015 - Veterans, Homeland Security And Military Affairs Committee Vote

Veterans, Homeland Security And Military Affairs Committee Vote: Jun 1, 2015

co-Sponsors

2015-S5551 (ACTIVE) - Details

2015-S5551 (ACTIVE) - Summary

2015-S5551 (ACTIVE) - Sponsor Memo

2015-S5551 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5551

Share this bill

Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

William Larkin

2015-S5551 (ACTIVE) - Details

2015-S5551 (ACTIVE) - Summary

2015-S5551 (ACTIVE) - Sponsor Memo

2015-S5551 (ACTIVE) - Bill Text download pdf

Comments