Bill Text: NY S05206 | 2017-2018 | General Assembly | Introduced

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Bill Title: Lifts mandatory hiring and retirement ages for state police.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO FINANCE [S05206 Detail]

Download: New_York-2017-S05206-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5206
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 15, 2017
                                       ___________
        Introduced  by Sen. GALLIVAN -- 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  lifting  mandatory
          hiring and retirement ages for state police
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section  215  of  the  executive  law,  as
     2  amended  by  chapter  478  of  the  laws  of 2004, is amended to read as
     3  follows:
     4    3. The sworn members of the New York state police shall  be  appointed
     5  by  the  superintendent  and  permanent appointees may be removed by the
     6  superintendent only after a hearing. No person shall be appointed to the
     7  New York state police force as a sworn member unless he or she shall  be
     8  a  citizen  of  the  United  States, [between the ages of twenty-one and
     9  twenty-nine years except that in the  superintendent's  discretion,  the
    10  maximum  age  may  be extended to thirty-five years. Notwithstanding any
    11  other provision of law or any general or special law to the contrary the
    12  time spent on military duty, not exceeding a total of six  years,  shall
    13  be  subtracted  from  the age of any applicant who has passed his or her
    14  twenty-ninth birthday, solely for the purpose of  permitting  qualifica-
    15  tion  as  to  age  and  for no other purpose. Such limitations as to age
    16  however shall not apply to persons appointed to the positions  of  coun-
    17  sel,  first  assistant  counsel, assistant counsel, and assistant deputy
    18  superintendent for employee relations nor to any person appointed to the
    19  bureau of criminal investigation pursuant to section two hundred sixteen
    20  of this article nor shall any person be appointed] not less  than  twen-
    21  ty-one  years  of age as of the date of appointment, or unless he or she
    22  has fitness and good moral character and shall have  passed  a  physical
    23  and  mental  examination  based upon standards provided by the rules and
    24  regulations of the superintendent. Appointments  shall  be  made  for  a
    25  probationary  period which, in the case of appointees required to attend
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10601-01-7
        S. 5206                             2
     1  and complete a basic training program at the state police academy, shall
     2  include such time spent attending the basic  school  and  terminate  one
     3  year  after successful completion thereof. All other sworn members shall
     4  be  subject  to  a  probationary  period  of  one  year from the date of
     5  appointment. Following satisfactory completion of the probationary peri-
     6  od the member shall be a permanent appointee. Voluntary  resignation  or
     7  withdrawal  from the New York state police during such appointment shall
     8  be submitted to the superintendent for approval.  Reasonable time  shall
     9  be  required  to  account for all equipment issued or for debts or obli-
    10  gations to the state to be satisfied. Resignation or withdrawal from the
    11  division during a time of emergency, so declared by the governor,  shall
    12  not  be approved if contrary to the best interest of the state and shall
    13  be a misdemeanor. No sworn member removed from the New York state police
    14  shall be eligible for reappointment. The superintendent shall make rules
    15  and regulations subject to approval by the governor for  the  discipline
    16  and  control  of  the  New York state police and for the examination and
    17  qualifications of applicants for appointment as members thereto and such
    18  examinations shall be held and conducted by the  superintendent  subject
    19  to  such  rules  and  regulations.  The  superintendent is authorized to
    20  charge a fee of twenty dollars as an  application  fee  for  any  person
    21  applying  to take a competitive examination for the position of trooper,
    22  and a fee of five dollars for any competitive examination for a civilian
    23  position. The superintendent shall promulgate regulations subject to the
    24  approval of the director of the budget, to provide for a waiver  of  the
    25  application fee when the fee would cause an unreasonable hardship on the
    26  applicant and to establish a fee schedule and charge fees for the use of
    27  state police facilities.
    28    § 2. This act shall take effect on the one hundred eightieth day after
    29  it shall have become a law.