Authorizes veteran's credits to be added to an individual's civil service examination.
BILL NUMBER: S362
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
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, 2010.
STATE OF NEW YORK ________________________________________________________________________ 362 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________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 WHOEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03503-01-9 S. 362 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, 2010.