Relates to certain veterans and entitles them to 10 additional competitive civil service exam points if they are disabled and entitles them to 5 additional competitive civil service exam points if they are non-disabled and if they received certain medals or ribbons.
Ayes (55): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Huntley, Johnson, Kennedy, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Young, Zeldin
Excused (6): Diaz, Espaillat, Hannon, Klein, Savino, Valesky
TITLE OF BILL: An act to amend the civil service law, in relation to veterans and competitive civil service exam points
PURPOSE OR GENERAL IDEA OF BILL: This bill gives honorably discharged disabled veterans who have received specific decorations for service in active combat additional bonus points on a competitive examination for civil service employment. Additional points are currently granted to all honorably discharged veterans on such exams, with bonus points given to disabled veterans whose disabilities were incurred during war. This bill gives disabled veterans who have received decorations for service in active combat the same amount of points on these exams that are currently received by disabled veterans whose injuries were incurred in war.
SUMMARY OF PROVISIONS: Section One amends paragraph (a) of subdivision 1 of section 85 of the civil service law, as amended by chapter 333 of the laws of 1993, to include members of the armed forces who are awarded a Combat Action Ribbon, Combat Infantryman Badge, Combat Medical Badge, Combat Action Badge, Combat Recognition Ribbon or Air Force Combat Action Medal in the definition of "veteran", as long as they meet all other discharge and residency requirements, for purposes of that section.
Section Two amends subparagraph 1 of paragraph (a) of subdivision 2 of section 85 of the civil service law, as added by chapter 790 of the laws of 1958 by adding the word "credit" for the purpose of clarifying that the ten point benefit is not to mean ten points above the five points received by all veterans.
Section Three amends subdivision 1 of section 85 of the civil service law by adding subparagraph 4, adding those members of the military who have been awarded a Combat Action Ribbon, Combat Infantryman Badge, Combat Medical Badge, Combat Action Badge, Combat Recognition Ribbon or Air Force Combat Action Medal and meet all other requirements for receiving disability payments, to the definition of "disabled veteran" for the purposes of this section.
Section Four is the effective date.
JUSTIFICATION: The Combat Action Ribbon, Combat Infantryman Badge, combat Medical Badge, Combat Action Badge, combat Recognition Ribbon and Air Force Combat Action Medals are personal decoration awarded to members of the military who have participated in active combat any time since 1941. Which of these six awards is bestowed on the member of the military depends upon which branch or department in which the individual served. These awards are bestowed upon members of the Army, Navy, Marine Corps, and Coast Guard in the grade of captain (or colonel in the Marine Corps) and below.
It is a longstanding tradition to give veterans priority for civil service employment, both as a
reward for the invaluable service they provided for our country as well as to help them reenter the workforce when their civilian life has been disrupted by their service. To achieve these goals, current law grants veterans the benefit of additional points on civil service examinations for employment. Under current law, non-disabled veterans receive five points when the examination is for initial appointment and two and one half points when the examination is for a promotion. Disabled veterans receive ten points on an examination for initial appointment and five points when the examination is for a promotion.
This bill would add members of the armed forces who received the aforementioned combat decorations to the definition of "disabled veterans". Recipients of these awards are exposed to great risk and danger in active combat. Their bravery is recognized by the issuance of these awards yet they do not currently receive heightened priority when entering civil service employment. This bill remedies this discrepancy by raising the degree of benefit received on civil service examinations.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None noted.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4262 2011-2012 Regular Sessions IN SENATE March 25, 2011 ___________Introduced by Sens. ZELDIN, DeFRANCISCO, GOLDEN, LARKIN, MAZIARZ, McDO- NALD, NOZZOLIO, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs AN ACT to amend the civil service law, in relation to veterans and competitive civil service exam points THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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 read as follows: (a) The terms "veteran" and "non-disabled veteran" mean: (1) a member of the armed forces of the United States who served ther- ein in time of war, who was honorably discharged or released under honorable circumstances 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; OR (2) A MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO WAS HONOR- ABLY DISCHARGED OR RELEASED UNDER HONORABLE CIRCUMSTANCES FROM SUCH SERVICE, WHO IS A CITIZEN OF THE UNITED STATES OR AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, 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, AND WHO WAS AWARDED EITHER A: (I) COMBAT ACTION RIBBON, (II) COMBAT INFANTRYMAN BADGE, (III) COMBAT MEDICAL BADGE, (IV) COMBAT ACTION BADGE, (V) COMBAT RECOGNITION RIBBON, OR (VI) AIR FORCE COMBAT ACTION MEDAL. S 2. Subparagraph 1 of paragraph (a) of subdivision 2 of section 85 of the civil service law, as added by chapter 790 of the laws of 1958, is amended to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09901-02-1 S. 4262 2
(1) Disabled veterans shall be entitled to receive ten points addi- tional CREDIT in a competitive examination for original appointment and five points additional credit in a competitive examination for promotion, and S 3. Paragraph b of subdivision 1 of section 85 of the civil service law is amended by adding a new subparagraph 4 to read as follows: (4) A VETERAN WHO IS CERTIFIED BY THE UNITED STATES VETERANS' ADMINIS- TRATION OR A MILITARY DEPARTMENT AS ENTITLED TO RECEIVE DISABILITY PAYMENTS UPON CERTIFICATION OF SUCH VETERANS' ADMINISTRATION OR A MILI- TARY DEPARTMENT FOR A DISABILITY INCURRED BY HIM OR HER IN THE COURSE OF HIS OR HER TIME OF SERVICE AND IN EXISTENCE AT THE TIME OF APPLICATION FOR APPOINTMENT OR PROMOTION OR AT THE TIME OF RETENTION, AS THE CASE MAY BE, AND WHO WAS AWARDED EITHER A: (I) COMBAT ACTION RIBBON, (II) COMBAT INFANTRYMAN BADGE, (III) COMBAT MEDICAL BADGE, (IV) COMBAT ACTION BADGE, (V) COMBAT RECOGNITION RIBBON, OR (VI) AIR FORCE COMBAT ACTION MEDAL. S 4. This act shall take effect immediately.