S158-2011 Actions

• Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
• Jan 5, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S158-2011 Meetings

S158-2011 Memo

BILL NUMBER:S158

TITLE OF BILL:
An act
to amend the civil service law, in relation to deferring eligible lists
for persons called to active duty in military service

PURPOSE OR GENERAL IDEA OF BILL:
To allow civil service applicants on an eligible list to defer the
length of their eligibility in the even they are called to active
duty in military service.

SUMMARY OF SPECIFIC PROVISIONS:
Amends Section 56 of the civil service law by providing that an
applicant on an eligible list for a civil service position who is
called up to active duty in military service can defer the length of
their eligibility by a period equal to the length of the active duty.

JUSTIFICATION:
Many civil service applicants are also servicemen and women. Otherwise
qualified and eligible civil service applicants should not have their
eligibility period truncated or eliminated simply because they are
called to active duty in military service.

PRIOR LEGISLATIVE HISTORY:
S.4518A of 2009/2010; Referred to Civil Service and Pensions

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S158-2011 Text

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

                                     158

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen. 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 deferring eligible
    lists for persons called to active duty in military service

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


    Section  1.  Subdivision  1 of section 56 of the civil service law, as
  amended by chapter 411 of the laws  of  1993,  is  amended  to  read  as
  follows:

    1.  The  duration  of an eligible list shall be fixed at not less than
  one nor more than four years; provided that, except for lists promulgat-
  ed for police officer positions in jurisdictions other than the city  of
  New  York, in the event that a restriction against the filling of vacan-
  cies exists in any jurisdiction, the state civil service  department  or
  municipal commission having jurisdiction shall, in the discretion of the
  department or commission, extend the duration of any eligible list for a
  period  equal  to  the length of such restriction against the filling of
  vacancies; AND PROVIDED FURTHER THAT, IN THE EVENT THAT AN APPLICANT  OR
  ELIGIBLE WHO IS ON AN ELIGIBLE LIST IS CALLED TO ACTIVE DUTY IN MILITARY
  SERVICE, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 10-102 OF
  THE  ELECTION  LAW,  THE  DURATION OF SUCH ELIGIBLE LIST WITH RESPECT TO
  SUCH APPLICANT OR ELIGIBLE SHALL BE DEFERRED FOR A PERIOD EQUAL  TO  THE
  LENGTH  OF  SUCH ACTIVE DUTY.  Restriction against the filling of vacan-
  cies shall mean any policy, whether by  executive  order  or  otherwise,
  which,  because of a financial emergency, prevents or limits the filling
  of vacancies in a title for which a list has been promulgated. An eligi-
  ble list that has been in existence for one year or more shall terminate
  upon the establishment of an  appropriate  new  list,  unless  otherwise
  prescribed by the state civil service department or municipal commission
  having jurisdiction.
    S 2. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01685-01-1