What's happening
This bill removes the maximum age limit for appointment and mandatory retirement for New York State Police officers.
Why it matters
Expands applicant pool for State Police jobs. By removing the upper age limit for appointment, the bill allows older candidates—including those with previous law enforcement, military, or other relevant experience—to become eligible, potentially increasing the diversity and experience of recruits.
Changes career planning and retirement expectations. Without a mandatory retirement age, officers can choose to serve longer if they are able to meet fitness and performance requirements, which could alter both individual career trajectories and the department’s workforce planning.
Potential impact on pension and benefits systems. Allowing officers to work beyond previous age limits could have long-term effects on the state’s pension obligations, healthcare costs, and succession planning, as more officers may choose to stay on the force for extended periods.
Focus shifts to qualifications and fitness. The bill emphasizes physical and mental examinations and good moral character as the primary criteria for service, rather than age, which could lead to a more merit-based and performance-driven workforce.
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Who cares
Headline styles
End Police Age Limits
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Referred to finance
- Referred to finance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, 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 twenty-nine years except that in the superintendent's discretion, the maximum age may be extended to thirty-five years. 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 limitations 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 shall any person be appointed] not less than twenty-one years of age as of the date of appointment, or unless he or she has fitness and good moral character 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10601-01-7
S. 5206 2
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 equipment 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 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 on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to lifting mandatory hiring and retirement ages for state police
Purpose
To remove mandatory hiring and retirement ages for state police.
Summary of provisions
Section 1: Amends section 215 of the executive law to remove the maximum hiring age of 29 for state police, while keeping the minimum age of 21 intact.
Section 2: Effective date.
Existing law
Current law sets a maximum hiring age of 29 for state police officers.
Justification
New York is one of the only states to impose a hiring age limit on its law enforcement officers. This statewide law, however, is not grounded in empirical or scientific information. In effect, the current law does little more than exclude qualified candidates based on one and only one factor.
In a 1993 Pennsylvania State University study (Alternatives to Chronological Age in Determining Standards of Suitability for Public Safety Jobs), researchers found no correlation between age and physical ability. Instead, they 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 effectively. Because the 1986 Age Discrimination in Employment Act designated hiring discrimination based on age a violation of equal opportunity practices but exempted several categories of employment including law enforcement, researchers recommended allowing these provisions to sunset on schedule.
As a result, New York did not have a maximum hiring age between 1994 and 1999.
A hiring age limit today does little more than shrink the pool of eligible candidates to join New York's law enforcement ranks. Current medical advances and longer life expectancy make age alone a poor indicator of a candidate's ability to effectively serve in a law enforcement capacity.
A repeal of this cap would help bring in the best talent available, and give police departments the widest leverage in picking the most qualified individuals. This bill would also not alter any of the other physical or psychological requirements law enforcement candidates must satisfy, ensuring that New York's police are prepared for the job before them.
This bill also addresses another discrepancy in law enforcement hiring practices. Currently, neither Niagara Frontier Transportation Authority officers nor part-time police must satisfy a maximum age limit. Consequently, this bill would treat all of New York's law enforcement officers equally.
Legislative history
Similar provisions to S.531/A.2341 (2015-16) FISCAL IMPLICATIONS :
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.