NY State Senate Bill 2017-S1923

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to veterans, homeland security and military affairs
Jan 11, 2017	referred to veterans, homeland security and military affairs

co-Sponsors

2017-S1923 (ACTIVE) - Details

See Assembly Version of this Bill:: A3235
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Amd §215, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5551, A8014
2019-2020: A4424

2017-S1923 (ACTIVE) - Summary

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

2017-S1923 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1923

 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 superintendant 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 parkways 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 intervals for two years following the application deadline
date of the regular 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 :

A 1993 Pennsylvania State University study 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

exercise 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 application and appointment to the State Police. To
remedy this disproportionality, 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
individuals comprise the New York State Police is an important
objective of the legislature. Extending eligibility for state police
appointment to highly 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 :

2015-2016: S.5551 Reported and Committed to Finance/A.8014 Referred to
Gov. Operations.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1923 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1923
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sens. RITCHIE, LARKIN -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land Security 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.

                                                            LBD07611-01-7

 S. 1923                             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.
   § 2. This act shall take effect immediately.

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Senate Bill S1923

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

2017-S1923 (ACTIVE) - Details

2017-S1923 (ACTIVE) - Summary

2017-S1923 (ACTIVE) - Sponsor Memo

2017-S1923 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1923

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

William Larkin

2017-S1923 (ACTIVE) - Details

2017-S1923 (ACTIVE) - Summary

2017-S1923 (ACTIVE) - Sponsor Memo

2017-S1923 (ACTIVE) - Bill Text download pdf

Comments