S352-2011 Actions

• Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
• Jan 5, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S352-2011 Memo

BILL NUMBER:S352

TITLE OF BILL:
An act
to amend the civil service law,
in relation to the application of veteran's
credits to civil service examinations

PURPOSE:
This bill would allow individuals, if qualified, to add veteran's
credits to their civil service examination score after they have
already been placed on an eligible list.

SUMMARY OF PROVISIONS:
This bill would amend subdivision 3 of section 85 of the civil service
law to allow belated application for an additional credit as a
veteran or disabled veteran by an applicant who has already been
placed on an eligible list but subsequent to such placement has been
ordered to active military duty, other than training, to a combat
theater or combat zone of operations that qualifies such applicant
for the additional credit as a veteran or disabled veteran provided
such list has not expired and provided further that the applicant
makes such application within two months after receiving an honorable
discharge or being released under honorable circumstances.

JUSTIFICATION:
Under current law, members of the military who were on active duty
during the application period for a particular civil service
examination may take a supplemental examination when they return from
active duty and be placed on the current eligible list. However, if a
member of the military has already taken the examination and
currently has a place on the eligible list, he or she may not
subsequently add veteran's credits.
This is true even though these individuals have served on active duty
and have returned before the expiration of the current list. This
legislation would allow individuals who become eligible for veteran's
credits to subsequently add those credits after their name has been
placed on the current eligible list. Additionally, this legislation
will have the effect of treating returning members of the united
States Military equally with respect to their ability to add
veteran's credits to their civil service examination score. By
amending current law, those individuals who have earned the right to
apply veteran's credits to their examination score will be able to,
and their score will reflect their true qualifications for the civil
service position to which they applied.

LEGISLATIVE HISTORY:
06/06/06 Passed Senate
2007 Referred to Rules
2008 Referred to Rules
2009 Referred to Veterans, Homeland Security and Military Affairs
2010 Referred to Veterans, Homeland Security and Military Affairs

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately and shall apply to eligible
civil service lists in effect as of January 1, 2012.

S352-2011 Text

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

                                     352

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen.  ROBACH -- 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 application of
    veteran's credits to civil service examinations

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


    Section  1.   Subdivision 3 of section 85 of the civil service law, as
  added by chapter 790 of the laws of 1958, is amended to read as follows:

    3. Application for additional credit; proof of eligibility; establish-
  ment of eligible list. Any candidate, believing himself OR HERSELF enti-
  tled to additional credit  in  a  competitive  examination  as  provided
  [herein] IN THIS SECTION, may make application for such additional cred-
  it  at  any time between the date of his OR HER application for examina-
  tion and the date of the establishment of the resulting  eligible  list.
  Such  candidates  shall  be allowed a period of not less than two months
  from the date of the filing of his OR HER application for examination in
  which to establish by appropriate documentary proof his OR HER eligibil-
  ity to receive additional credit under this section. At any  time  after
  two months have elapsed since the final date for filing applications for
  a  competitive  examination  for  original appointment or promotion, the
  eligible list  resulting  from  such  examination  may  be  established,
  notwithstanding  the  fact  that  a  veteran or disabled veteran who has
  applied for additional credit has failed to establish his OR HER  eligi-
  bility  to  receive  such  additional  credit.  A candidate who fails to
  establish, by appropriate documentary proof, his OR HER  eligibility  to
  receive  additional  credit  by the time an eligible list is established
  shall not thereafter be granted additional credit on such eligible list.
  NOTWITHSTANDING THE FOREGOING, BELATED  APPLICATION  FOR  AN  ADDITIONAL
  CREDIT  AS A VETERAN OR DISABLED VETERAN MAY BE MADE BY AN APPLICANT WHO

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01880-01-1

 S. 352                              2

  HAS ALREADY BEEN PLACED ON AN  ELIGIBLE  LIST  BUT  SUBSEQUENT  TO  SUCH
  PLACEMENT HAS BEEN ORDERED TO ACTIVE MILITARY DUTY, OTHER THAN TRAINING,
  TO  A  COMBAT  THEATER  OR COMBAT ZONE OF OPERATIONS THAT QUALIFIES SUCH
  APPLICANT  FOR  THE  ADDITIONAL  CREDIT AS A VETERAN OR DISABLED VETERAN
  PROVIDED SUCH LIST HAS NOT EXPIRED AND PROVIDED FURTHER THAT THE  APPLI-
  CANT  MAKES SUCH APPLICATION WITHIN TWO MONTHS AFTER RECEIVING AN HONOR-
  ABLE DISCHARGE OR BEING RELEASED UNDER HONORABLE CIRCUMSTANCES.
    S 2. This act shall take effect immediately and shall apply to  eligi-
  ble civil service lists in effect as of January 1, 2012.