A1428B-2011 Actions

• Jul 20, 2011: signed chap.152
• Jul 8, 2011: delivered to governor
• Jun 23, 2011: RETURNED TO ASSEMBLY
• Jun 23, 2011: PASSED SENATE
• Jun 23, 2011: 3RD READING CAL.1107
• Jun 23, 2011: SUBSTITUTED FOR S4583A
• Jun 21, 2011: REFERRED TO RULES
• Jun 21, 2011: delivered to senate
• Jun 21, 2011: passed assembly
• May 24, 2011: amended on third reading 1428b
• Apr 7, 2011: advanced to third reading cal.177
• Apr 5, 2011: reported
• Mar 30, 2011: print number 1428a
• Mar 30, 2011: amend (t) and recommit to governmental employees
• Jan 7, 2011: referred to governmental employees

A1428B-2011 Votes

A1428B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 1428--B
 Cal. No. 177
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 7, 2011
 
 Introduced  by  M.  of A. CASTELLI, BURLING, N. RIVERA, STEVENSON, KATZ,
 McDONOUGH, McLAUGHLIN, WEPRIN, ABBATE, RAMOS, MALLIOTAKIS,  DenDEKKER,
 ORTIZ,  SCHIMEL, M. MILLER, RUSSELL, NOLAN -- Multi-Sponsored by -- M.
 of A.  CALHOUN, CROUCH, GIGLIO, HAWLEY, McKEVITT,  J. MILLER,  MURRAY,
 REILICH  --  read  once  and referred to the Committee on Governmental
 Employees -- committee discharged, bill amended, ordered reprinted  as
 amended  and recommitted to said committee -- reported from committee,
 advanced to a third reading, amended and ordered reprinted,  retaining
 its place on the order of third reading
 AN  ACT to amend the military law and the civil service law, in relation
 to abolition of positions occupied by public employees absent on mili
 tary duty
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 11 of section 243 of the military law, as added
 by  chapter  420  of  the laws of 1953, is amended and a new subdivision
 10-b is added to read as follows:

 10-B. IF A PUBLIC  EMPLOYER  CONSOLIDATES,  ABOLISHES,  DISPLACES,  OR
 DEMOTES  A  POSITION,  IN  ACCORDANCE  WITH  SECTION EIGHTY, EIGHTY-A OR
 EIGHTY-FIVE OF THE CIVIL SERVICE LAW, WHICH  IS  OCCUPIED  BY  A  PUBLIC
 EMPLOYEE  CURRENTLY  ON  ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED
 STATES, AS PURSUANT TO TITLE TEN, FOURTEEN OR THIRTY-TWO OF  THE  UNITED
 STATES  CODE,  SUCH  EMPLOYER  SHALL COMPLY WITH SUBDIVISIONS ELEVEN AND
 TWELVE OF THIS SECTION AND, UPON THE TERMINATION OF THE  PUBLIC  EMPLOY
 EE'S ACTIVE DUTY, AS DEFINED IN TITLE TEN, FOURTEEN OR THIRTY-TWO OF THE
 UNITED  STATES  CODE, SUCH PUBLIC EMPLOYER SHALL PROVIDE FULL RE-EMPLOY
 MENT RIGHTS WARRANTED TO  SUCH  EMPLOYEE  UNDER  THE  FEDERAL  UNIFORMED
 SERVICES  EMPLOYMENT  AND  REEMPLOYMENT  RIGHTS  ACT  OF 1994, PROVIDED,
 HOWEVER, THE RIGHT OF RE-EMPLOYMENT  UNDER  THIS  SUBDIVISION  DOES  NOT
 ENTITLE SUCH EMPLOYEE TO DISPLACEMENT RIGHTS OVER ANY PERSON WITH GREAT
 ER  SENIORITY.  SUCH  PUBLIC  EMPLOYER SHALL NOT ABOLISH ANY POSITION OR
 POSITIONS SOLELY BASED UPON THE FACT THAT THE POSITION OR POSITIONS  ARE
 CURRENTLY  FILLED  BY  AN  INDIVIDUAL OR INDIVIDUALS ENGAGED IN MILITARY
 DUTY.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05550-07-1
 
       A. 1428--B                          2
 11. Preferred lists. If the position occupied by a public employee  is
 abolished  prior  to the termination of his military duty his name shall
 be placed forthwith upon a preferred list, as  herein  provided.  Public
 employees in the competitive class of the civil service shall have their
 names  placed upon a preferred eligible list, pursuant to the provisions
 of section [thirty-one] EIGHTY-ONE of the civil service law  and  public
 employees  subject to [section twenty-five hundred thirty-five] SECTIONS
 TWENTY-FIVE HUNDRED TEN, TWENTY-FIVE HUNDRED EIGHTY-FIVE AND TWENTY-FIVE
 HUNDRED EIGHTY-EIGHT of the education law shall have their names  placed
 upon a preferred list as provided in such section.
 

S  2. Subdivision 1 of section 81 of the civil service law, as amended
 by chapter 283 of the laws of 1972, is amended to read as follows:

 1.  Establishment of preferred lists; general provisions. The head  of
 any  department, office or institution in which an employee is suspended
 or demoted in accordance with the  provisions  of  sections  eighty  and
 eighty-a  of  this  [chapter]  TITLE  shall,  upon  such  suspension  or
 demotion, furnish the state  civil  service  department  or  appropriate
 municipal  commission, as the case may be, a statement showing his name,
 title or position, date of appointment, and the date of and  reason  for
 suspension  or  demotion.  It  shall  be  the duty of such civil service
 department or commission, as the case may be,  forthwith  to  place  the
 name  of  such  employee upon a preferred list, together with others who
 may have been suspended or demoted from the same or similar positions in
 the same jurisdictional class, and to certify such list, as  hereinafter
 provided, for filling vacancies in the same jurisdictional class; first,
 in  the  same  or  similar  position; second, in any position in a lower
 grade in line of promotion; and third, in any comparable position.  Such
 preferred  list  shall  be  certified  for filling a vacancy in any such
 position before certification is made from any other list,  including  a
 promotion  eligible  list,  notwithstanding  the  fact  that none of the
 persons on such preferred list was suspended  from  or  demoted  in  the
 department or suspension and demotion unit in which such vacancy exists.
 No  other name shall be certified from any other list for any such posi
 tion until such preferred list is exhausted. The eligibility  for  rein
 statement  of  a  person  whose  name appears on any such preferred list
 shall not continue for a period longer than four years from the date  of
 separation  or  demotion.    AN  EMPLOYEE  WHOSE  NAME WAS PLACED ON THE
 PREFERRED LIST AND AT THE TIME OF SUCH PLACEMENT WAS ON ACTIVE DUTY WITH
 THE ARMED FORCES OF THE UNITED STATES, AS PURSUANT TO TITLE  TEN,  FOUR
 TEEN  OR THIRTY-TWO OF THE UNITED STATES CODE, SHALL NOT BE ELIGIBLE FOR
 EMPLOYMENT REINSTATEMENT FOR A PERIOD LONGER THAN FOUR YEARS  AFTER  THE
 DATE OF TERMINATION OF MILITARY DUTY.
 

S  3.  The  civil service law is amended by adding a new section 88 to
 read as follows:

 

S 88. PROHIBITION  AGAINST  DISCRIMINATION  AGAINST  PUBLIC  EMPLOYEES
 SERVING  IN THE ARMED FORCES. NO PUBLIC EMPLOYER, AS DEFINED IN SUBDIVI
 SION SIX OF SECTION TWO HUNDRED ONE OF THIS CHAPTER, SHALL DENY  EMPLOY
 MENT,  RE-EMPLOYMENT  OR  ANY  BENEFIT  OF  EMPLOYMENT  TO ANY PERSON OR
 EMPLOYEE BASED ON PROSPECTIVE, CURRENT OR PAST  ENLISTMENT,  APPOINTMENT
 OR COMMISSION WITH THE ARMED FORCES OF THE UNITED STATES. SUCH PERSON OR
 EMPLOYEE  SHALL  BE  AFFORDED  FULL ENFORCEMENT RIGHTS UNDER THE LAWS OF
 THIS STATE AND OF THE UNITED STATES,  INCLUDING  THE  FEDERAL  UNIFORMED
 SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994.
 

S 4. This act shall take effect immediately.

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