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 (59): Adams, Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (3): Alesi, Espaillat, Huntley
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 veterans who have received a purple heart or other specific decorations for service in active combat additional bonus points on a competitive examination for civil service employment. Additional points are already granted to honorably discharged members of the military on such exams, with bonus points given to disabled veterans. This bill gives veterans who have received purple heart or decorations for service in active combat the same amount of bonus points given to disabled veterans.
SUMMARY OF PROVISIONS: Section One amends subparagraph 1 of paragraph (a) of subdivision 2 of section 85 of the civil service law to entitle non-disabled veterans who were honorably discharged and awarded either a: (1) combat action ribbon, (ii) Combat Infantryman Badge, (iii) Combat Medical Badge, (iv) Combat Action Badge, (v) Combat Recognition Ribbon, (vi) Air Force Combat Action Medal, or (viii) purple heart to receive ten additional points on a competitive examination for original appointment in a civil service position and five points additional credit in a competitive examination for promotion.
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 the individual served under. 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. The purple heart is a decoration awarded to those who have been wounded and killed. It is a longstanding tradition to give veterans priority for employment, both as a reward for their invaluable service and to help them reenter the workforce when their civilian life has been disrupted by their service. Under current law, veterans enjoy the benefit of additional points on civil service examinations for employment. Currently 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 while disabled veterans receive ten points on an examination for initial appointment and five points when the examination is for a promotion. This legislation would give nondisabled veterans who have received a purple heart or a decoration for service in active combat the same point benefit that disabled veterans enjoy. By being wounded or killed or by serving in active duty, these members of the military are exposed to great risk and
danger. Their bravery is recognized by the issuance of these awards yet they do not currently receive a heightened priority when entering civil service employment. This bill remedies this discrepancy by raising their benefit on civil service examinations.
FISCAL IMPLICATIONS: None noted.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4262--A Cal. No. 82 2011-2012 Regular Sessions IN SENATE March 25, 2011 ___________Introduced by Sens. ZELDIN, AVELLA, DeFRANCISCO, GOLDEN, LARKIN, MAZIARZ, McDONALD, NOZZOLIO, O'MARA, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs -- recommitted to the Committee on Veterans, Homeland Security and Military Affairs in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 WASEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09901-03-2 S. 4262--A 2
AWARDED EITHER A: (I) COMBAT ACTION RIBBON, (II) COMBAT INFANTRYMAN BADGE, (III) COMBAT MEDICAL BADGE, (IV) COMBAT ACTION BADGE, (V) COMBAT RECOGNITION RIBBON, (VI) AIR FORCE COMBAT ACTION MEDAL, OR (VII) PURPLE HEART. 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: (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, (VI) AIR FORCE COMBAT ACTION MEDAL, OR (VII) PURPLE HEART. S 4. This act shall take effect immediately.