Defers eligible lists for persons called to active duty in military service.
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.
STATE OF NEW YORK ________________________________________________________________________ 158 2011-2012 Regular Sessions IN 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