S T A T E   O F   N E W   Y O R K
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                                  5113

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sens.  GRISANTI,  DeFRANCISCO, MAZIARZ -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Civil Service and Pensions

AN  ACT  to  amend  the  civil service law, in relation to the hiring of
  police officers in the department of environmental conservation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 58 of the civil service law, as
amended by chapter 560 of the laws of 1978,  the  opening  paragraph  as
amended  by chapter 435 of the laws of 1997 and paragraph (a) as amended
by chapter 346 of the laws of 2008, is amended to read as follows:
  1. Notwithstanding any other provision of this  law  or  any  general,
special  or  local  law to the contrary, no person shall be eligible for
provisional or permanent appointment in the  competitive  class  of  the
civil  service  as  a  police officer OF THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION OR of any police force or police department of any  county,
city,  town,  village, housing authority or police district unless he OR
SHE shall satisfy the following basic requirements:
  (a) he or she is not less than twenty years of age as of the  date  of
appointment  nor  more than thirty-five years of age as of the date when
the applicant takes the written examination, provided that  the  maximum
age  requirement  of thirty-five years of age as set forth in this para-
graph shall not apply to eligible lists finalized pursuant to  an  exam-
ination  administered  prior to May thirty-first, nineteen hundred nine-
ty-nine  OR  A  POLICE  OFFICER  IN  THE  DEPARTMENT  OF   ENVIRONMENTAL
CONSERVATION, provided, however, that:
  (i)  time spent on military duty or on terminal leave, not exceeding a
total of six years, shall be subtracted from the age  of  any  applicant
who  has passed his or her thirty-fifth birthday as provided in subdivi-
sion ten-a of section two hundred forty-three of the military law;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10961-01-1

              

S. 5113                             2

  (ii) such maximum age requirement of thirty-five years shall not apply
to any police officer as defined in subdivision thirty-four  of  section
1.20 of the criminal procedure law, who was continuously employed by the
Buffalo  municipal housing authority between January first, two thousand
five  and June thirtieth, two thousand five and who takes the next writ-
ten exam offered after the effective date of this  subparagraph  by  the
city  of  Buffalo  civil  service  commission for employment as a police
officer in the city of Buffalo police department, or June thirtieth, two
thousand six, whichever is later; and
  (iii) such maximum age requirement  of  thirty-five  years  shall  not
apply  to any police officer of any county, town, city or village police
force not otherwise provided for in this section if  the  eligible  list
has been exhausted and there are no other eligible candidates; provided,
however,  the police officer themselves are on the eligible list of such
county, town, city or village and meet all other requirements  of  merit
and  fitness set forth by this chapter and do not exceed the maximum age
of thirty-nine;
  (b) he OR SHE is a high school graduate or a holder of a  high  school
equivalency  diploma  issued  by  an  education department of any of the
states of the United States or a holder of a comparable  diploma  issued
by  any commonwealth, territory or possession of the United States or by
the Canal Zone or a holder of a report  from  the  United  States  armed
forces  certifying  his  OR  HER  successful  completion of the tests of
general educational development, high school level;
  (c) he OR SHE  satisfies  the  height,  weight  and  physical  fitness
requirements  prescribed by the municipal police training council pursu-
ant to the provisions of section eight hundred forty  of  the  executive
law; and
  (d) he OR SHE is of good moral character.
  S 2.  Subdivision 2 of section 58 of the civil service law, as amended
by chapter 32 of the laws of 1999, is amended to read as follows:
  2.  The provisions of this section shall not prevent any county, city,
town,  village,  housing  authority,  transit  authority  [or],   police
district  OR  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION from setting
more restrictive requirements of eligibility for  its  police  officers,
except  the  maximum age to be a police officer as provided in paragraph
(a) of subdivision one of this section.
  S 3. Subdivision 3 of section 58 of the civil service law, as  amended
by chapter 435 of the laws of 1997, is amended to read as follows:
  3.  As  used in this section, the term "police officer" means a POLICE
OFFICER IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, A member of the
regional state park police or a  police  force,  police  department,  or
other  organization of a county, city, town, village, housing authority,
transit authority  or  police  district,  who  is  responsible  for  the
prevention  and  detection  of  crime and the enforcement of the general
criminal laws of the state, but shall not include any person serving  as
such  solely by virtue of his OR HER occupying any other office or posi-
tion, nor shall such term include a sheriff, under-sheriff, commissioner
of police, deputy or assistant commissioner of police, chief of  police,
deputy  or  assistant chief of police or any person having an equivalent
title who is appointed or employed to  exercise  equivalent  supervisory
authority.
  S  4.  Paragraphs  (a)  and  (b) of subdivision 4 of section 58 of the
civil service law, as amended by chapter 435 of the laws  of  1997,  are
amended to read as follows:

S. 5113                             3

  (a)  Any  person who has received provisional or permanent appointment
in the competitive class of the civil service as a police officer of the
regional state park police, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
or any police force or police department  of  any  county,  city,  town,
village,  housing  authority, transit authority or police district shall
be eligible to resign from any police force or police department, and to
be appointed as a police officer in the same or any other  police  force
or  police  department without satisfying the age requirements set forth
in paragraph (a) of subdivision one of this section at the time of  such
second  or  subsequent  appointment,  provided such second or subsequent
appointment occurs within thirty days of the date of resignation.
  (b) Any person who has received permanent appointment in  the  compet-
itive  class  of  the  civil service as a police officer of the regional
state park police, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  or  any
police  force  or  police department of any county, city, town, village,
housing authority, transit authority or police district shall be  eligi-
ble to resign from any police force or police department and, subject to
such  civil  service  rules  as may be applicable, shall be eligible for
reinstatement in the same police force or police department  or  in  any
other  police force or police department to which he OR SHE was eligible
for transfer, without satisfying the age requirements set forth in para-
graph (a) of subdivision one of this section at the time of  such  rein-
statement,  provided  such  reinstatement  occurs within one year of the
date of resignation.
  S 5. This act shall take effect immediately.