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

                                 2675--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  LIBOUS,  SEWARD -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Civil
  Service  and Pensions -- recommitted to the Committee on Civil Service
  and Pensions in accordance with Senate Rule 6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the civil service law and the executive law, in relation
  to  eliminating the maximum age limitation for appointment as a police
  officer or as an environmental conservation officer

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

  Section  1.  Paragraph (a) of subdivision 1 of section 58 of the civil
service law, as amended by chapter 244 of the laws of 2013,  is  amended
to read as follows:
  (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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06843-04-4
              

S. 2675--A                          2

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];
  S  2. Subdivision 2 of section 58 of the civil service law, as amended
by chapter 244 of the laws of 2013, is amended to read as follows:
  2. The provisions of this section shall not prevent any county,  city,
town,  village, housing authority, transit authority, police district or
the department of environmental conservation from setting more  restric-
tive  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  4 of section 58 of the civil service law, as sepa-
rately amended by chapters 375 and 397 of the laws of  1990,  paragraphs
(a) and (b) as amended by chapter 244 of the laws of 2013, paragraph (c)
as amended by chapter 190 of the laws of 2008 and subparagraphs (ii) and
(iv) of paragraph (c) as amended by section 58 of subpart B of part C of
chapter 62 of the laws of 2011, is amended to read as follows:
  4.  (a) [Any person who has received provisional or permanent appoint-
ment 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.
  (c) (i)] Legislative findings and declaration. The legislature  hereby
finds  and  declares  that  it  is frequently impracticable to ascertain
fitness for the positions of detective and investigator  within  various
police  or  sheriffs  departments around the state by means of a compet-
itive examination due to the unique nature of the  duties  assigned  and

S. 2675--A                          3

the  intangible  personal  qualities  needed to perform such duties. The
legislature further finds that competitive examination  has  never  been
employed  in  many police, correction or sheriffs departments, to ascer-
tain fitness for the positions of detective and investigator within such
police, correction or sheriffs departments; such fitness has always been
determined  by  evaluation of the capabilities of an individual (who has
in any case received permanent appointment to  the  position  of  police
officer, correction officer of any rank or deputy sheriff) by superviso-
ry  personnel.  The  legislature  further  finds  that an individual who
performs in an investigatory position in a manner sufficiently satisfac-
tory to the appropriate supervisors to hold such  an  assignment  for  a
period  of eighteen months, has demonstrated fitness for the position of
detective or investigator within such  police,  correction  or  sheriffs
department  at least as sufficiently as could be ascertained by means of
a competitive examination.
  [(ii)] (B) Notwithstanding any other provision of law, in  any  juris-
diction,  other  than a city with a population of one million or more or
the state department of corrections  and  community  supervision,  which
does  not administer examinations for designation to detective or inves-
tigator, any person who has received permanent appointment to the  posi-
tion of police officer, correction officer of any rank or deputy sheriff
and is temporarily assigned to perform the duties of detective or inves-
tigator  shall, whenever such assignment to the duties of a detective or
investigator exceeds eighteen months, be  permanently  designated  as  a
detective  or  investigator and receive the compensation ordinarily paid
to persons in such designation.
  [(iii)] (C) Nothing contained in [subparagraph (ii)] PARAGRAPH (B)  of
this  [paragraph] SUBDIVISION  shall be construed to limit any jurisdic-
tion's ability to administer examinations for appointment to  the  posi-
tions  of  detective  and investigator, provided however that any person
temporarily assigned to perform the duties of detective or  investigator
within  the  period  commencing September twenty-third, nineteen hundred
ninety-three through and including the date upon  which  this  paragraph
shall  have  become a law and who has not been designated as a detective
or investigator and who has not been subject to an examination for which
there is a certified eligible list, shall be permanently designated as a
detective or investigator whenever such  assignment  to  the  duties  of
detective or investigator exceeds eighteen months.
  [(iv)]  (D)  Detectives  and  investigators designated since September
twenty-third, nineteen hundred ninety  and  prior  to  February  twenty-
fourth, nineteen hundred ninety-five by any state, county, town, village
or  city  (other than a city with a population of one million or more or
the state department of corrections and community  supervision)  police,
correction  or  sheriffs  department, pursuant to the provisions of this
paragraph in effect during such period, who continue to  serve  in  such
positions,  shall  retain their detective or investigator status without
any right to retroactive financial entitlement.
  S 4. 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] AND AT LEAST twen-
ty-one [and  twenty-nine  years  except  that  in  the  superintendent's
discretion,  the  maximum  age  may  be  extended  to thirty-five years.

S. 2675--A                          4

Notwithstanding 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  limi-
tations  as  to  age however shall not apply to persons appointed to the
positions of counsel, first assistant counsel,  assistant  counsel,  and
assistant deputy 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] YEARS OF  AGE.  NOR  shall  any
person  be appointed unless he or she has fitness and good moral charac-
ter and shall have passed a physical 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  period  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  equip-
ment  issued  or  for debts or obligations 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 reappoint-
ment. 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  regu-
lations.  The  superintendent  is  authorized  to charge a fee of twenty
dollars as an application fee for any person applying to take a  compet-
itive examination for the position of trooper, and a fee of five dollars
for any competitive examination for a civilian position. The superinten-
dent  shall promulgate regulations subject to the approval of the direc-
tor 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 5. This act shall take effect immediately.