S T A T E   O F   N E W   Y O R K
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                                  8619

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

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;
  (ii) such maximum age requirement of thirty-five years shall not apply
to any police officer as defined in subdivision thirty-four  of  section

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

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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:
  (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

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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.