Bill S3453-2011

Changes the definitions of veteran and non-disabled veteran with regard to additional service credits

Changes the definitions of veteran and non-disabled veteran with regard to additional service credits.

Details

Actions

  • Mar 13, 2012: REPORTED AND COMMITTED TO CIVIL SERVICE AND PENSIONS
  • Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • Jun 24, 2011: COMMITTED TO RULES
  • Jun 14, 2011: ADVANCED TO THIRD READING
  • Jun 13, 2011: 2ND REPORT CAL.
  • Jun 7, 2011: 1ST REPORT CAL.1143
  • Feb 23, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Jun 7, 2011
Ayes (13): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein
Nays (1): Savino
VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Mar 13, 2012
Ayes (14): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino

Memo

BILL NUMBER:S3453

TITLE OF BILL: An act to amend the civil service law, in relation to the definition of the terms veteran and non-disabled veteran with regard to additional service credits

PURPOSE: To give all veterans who served on active duty equal consideration with regard to civil service examinations.

SUMMARY OF PROVISIONS: Section 1. Paragraph (a) of subdivision 1 of section 85 of the civil service law, as amended by chapter 333 of the laws of 1993, is amended to remove the requirement that veterans must have served during a time of war to receive additional civil service credit.

Section 2. Requires the Department of Civil Service to update all relevant civil service websites, forms and applications to reflect the herein contained changes.

Section 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Any rules or regulations to implement this act shall be made before the effective date.

EXISTING LAW: Currently, in order to qualify for additional civil service credits, veterans must have served on active duty for other than training purposes in time of war, been honorably discharged, released under honorable circumstances, or will be so at the time of appointment, be residents of New York State at the time of application for examination or appointment.

JUSTIFICATION: Veterans are those men and women who have given a part of their lives in furtherance of service to their country and community. They are those few who chose to forego spending time with their friends and families, in the comfort of their homes, to pursue training, if not deployment, with the United States military.

While it is incumbent on New York State to recognize the service of those who suffered through the horrors of war abroad to defend what they love at home, many veterans' commitment to the safekeeping of these United States was not predicated upon whether they were living in a time of war. Some chose to serve because they felt it was their duty; some would act as a safeguard for their country at any time a national emergency could arise.

This bill recognizes the civil spirit of those men and women who served our country, though not directly participating in a conflict abroad. This bill does so in a small way: by giving these veterans additional consideration on civil service examinations in New York State. This bill does not in any way diminish the importance and value of veterans who served in a time of war, but recognizes that

any martial service to the United States is to be recognized and commended.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill is to take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 3453 2011-2012 Regular Sessions IN SENATE February 23, 2011 ___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the civil service law, in relation to the definition of the terms veteran and non-disabled veteran with regard to additional service credits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) and the opening paragraph of paragraph (b) of subdivision 1 of section 85 of the civil service law, paragraph (a) as amended by chapter 333 of the laws of 1993 and the opening paragraph of paragraph (b) as amended by chapter 661 of the laws of 1983, are amended to read as follows: (a) The terms "veteran" and "non-disabled veteran" mean a member of the armed forces of the United States [who served therein in time of war,] who was honorably discharged or released under honorable circum- stances from such service, who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States and who is a resident of the state of New York at the time of application for appointment or promotion or at the time of retention, as the case may be. The term "disabled veteran" means a veteran who is certified by the United States veterans' administration or a military department as enti- tled to receive disability payments upon the certification of such veterans' administration or a military department for a disability incurred [by him in time of war] WHILE ON ACTIVE DUTY and in existence at the time of application for appointment or promotion or at the time of retention, as the case may be. Such disability shall be deemed to be in existence at the time of application for appointment or promotion or at the time of retention, as the case may be, if the certificate of such veterans' administration shall state affirmatively that such veteran has
been examined by a medical officer of such veterans' administration on a date within one year of either the date of filing application for competitive examination for original appointment or promotion or the date of the establishment of the resulting eligible list or within one year of the time of retention, as the case may be; that at the time of such examination the war-incurred disability described in such certif- icate was found to exist; and that such disability is rated at ten per centum or more. Such disability shall also be deemed to be in existence at such time if the certificate of such veterans' administration shall state affirmatively that a permanent stabilized condition of disability exists to an extent of ten per centum or more, notwithstanding the fact that such veteran has not been examined by a medical officer of such veterans' administration within one year of either the time of applica- tion for appointment or promotion or the date of filing application for competitive examination for original appointment or promotion, or within one year of the time of retention, as the case may be. The term "disa- bled veteran" shall also mean: S 2. The department of civil service shall ensure the amendments set forth in section one of this act are accurately reflected on all rele- vant civil service websites, forms and applications. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus