This bill has been amended

Bill S5504-2013

Enacts the "veterans employment act" to grant veterans the right to temporary appointments by state agencies, rather than using temporary employment service companies

Enacts the "veterans employment act" to grant veterans the right to temporary appointments by state agencies, rather than using temporary employment service companies.

Details

Actions

  • May 30, 2013: REPORTED AND COMMITTED TO FINANCE
  • May 16, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Meetings

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - May 30, 2013
Ayes (13): Ball, Carlucci, Flanagan, Golden, Griffo, Grisanti, Larkin, Zeldin, Addabbo, Avella, Gipson, Sanders, Tkaczyk

Memo

BILL NUMBER:S5504

TITLE OF BILL: An act to amend the executive law, in relation to enacting the "veterans employment act"

PURPOSE:

To enact the "Veterans Employment Act" to grant veterans the right to temporary appointments by state agencies, rather than using temporary employment service companies.

SUMMARY OF PROVISIONS:

Section 1. The executive law is amended by adding a new article 17-A to be known as the Veterans Employment Act. This act declares New York State to adopt a policy of hiring honorably discharged veterans for temporary appointments in state agencies rather than utilizing temporary employment service companies in order to provide employment opportunities for returning military veterans. The Department of Civil Service shall establish and maintain a veteran temporary hiring list, for use by state agencies in the implementation of this article. The president of the Civil Service Commission shall promulgate such rules and regulations as shall be necessary to implement the provisions of this article.

Section 2 is the effective date.

JUSTIFICATION:

Statistics in 2012 depict the unemployment rate for veterans who served in Iraq and Afghanistan stands at nearly 11%. The rate is several percentage points lower for veterans who served in the National Guard or Reserves, meaning that former active duty veterans are bearing the brunt of the unemployment crisis. In addition, nearly 28 percent of Gulf War-era II veterans have a service connected disability, making it even more difficult for them to find full-time, permanent work. Despite this, New York is in a position to help alleviate this crisis. In the 2013-14 FY Budget, the State implemented the 'Hire a Vet' tax credit to encourage businesses to hire military veterans. By enacting this legislation, the State can also take part in getting veterans back to work upon being discharged from service at no additional cost to taxpayers. The State continuously uses temporary employees to supplement the State workforce. Temporary workers can be used to cover an employee's maternity leave, vacation time, or extended sick leave. Data released by the NYS Comptroller has shown that the State spends tens of millions of dollars on contracts with temporary employment firms annually. This legislation will divert a portion of this money directly to honorably discharged veterans who are currently unable to find work. This bill is revenue neutral. This legislation does not force the State to hire any additional employees. Rather, it only requires that they use any qualified veteran on a list prior to going to a third-party temporary hiring. company. This legislation ensures that we honor the brave men and women who fought for our freedom by giving them the opportunity to work and support their families when they return from active duty service. Lastly, this legislation will allow the State to begin succession planning for the state workforce. A large percentage of state workers will begin to

retire over the next several years. By introducing veterans to public service, it can allow the state to begin recruiting new employees. Veterans are already more likely to work in the public sector than the rest of the population and this will give them a bridge into this work.

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5504 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. BALL -- 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 executive law, in relation to enacting the "veterans employment act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new article 17-A to read as follows: ARTICLE 17-A VETERANS EMPLOYMENT ACT SECTION 369. SHORT TITLE. 369-A. LEGISLATIVE FINDINGS. 369-B. DEFINITIONS. 369-C. TEMPORARY HIRING. 369-D. DEPARTMENT OF CIVIL SERVICE RESPONSIBILITIES. 369-E. REGULATIONS. S 369. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "VETERANS EMPLOYMENT ACT". S 369-A. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS THAT IT IS ESTIMATED THAT OVER THE NEXT FIVE YEARS, FORTY-FOUR THOUSAND VETERANS ARE EXPECTED TO RETURN TO THIS STATE FROM THEIR MILITARY POSTS, MAKING THE EMPIRE STATE HOME TO ONE OF THE LARGEST VETERAN POPULATIONS IN THE COUNTRY. SHOCKINGLY, THE UNEMPLOYMENT RATE FOR POST-9/11 VETERANS IN NEW YORK WAS 10.7% IN TWO THOUSAND TWELVE, WHICH IS NEARLY ONE PERCENT HIGH- ER THAN THE NATIONAL AVERAGE AND HIGHER THAN THE STATE'S OVERALL 8.2% UNEMPLOYMENT RATE. THE LEGISLATURE HAS FOUND PREVIOUSLY THAT IT IS IN THE INTEREST OF THE STATE TO ENSURE THAT RETURNING VETERANS HAVE EMPLOY- MENT OPPORTUNITIES AVAILABLE UPON THEIR SEPARATION FROM MILITARY SERVICE.
THE STATE ALREADY ENCOURAGES PRIVATE BUSINESSES TO HIRE MILITARY VETERANS THROUGH TAX CREDITS AND OTHER ECONOMIC INCENTIVES. IN ADDITION, THE LEGISLATURE HAS PREVIOUSLY FOUND THAT STATE AGENCIES SPEND MILLIONS OF DOLLARS ANNUALLY ON TEMPORARY STAFF HIRED FROM TEMPORARY EMPLOYMENT SERVICE COMPANIES TO COVER TEMPORARY STAFFING NEEDS. THESE TEMPORARY STATE JOBS COULD SERVE AS A BRIDGE FOR RECENTLY DISCHARGED MILITARY VETERANS WHO HAVE YET TO FIND FULL-TIME PERMANENT WORK. IN ADDITION, THESE TEMPORARY ASSIGNMENTS COULD SERVE TO DEVELOP THE NEXT GENERATION OF THE STATE WORKFORCE AND HELP WITH SUCCESSION PLANNING FOR THE CURRENT WORKFORCE. THE LEGISLATURE DECLARES IT TO BE THE POLICY OF THIS STATE TO USE HONORABLY DISCHARGED VETERANS FOR TEMPORARY APPOINTMENTS IN STATE AGEN- CIES RATHER THAN UTILIZING TEMPORARY EMPLOYMENT SERVICE COMPANIES IN ORDER TO PROVIDE EMPLOYMENT OPPORTUNITIES FOR RETURNING MILITARY VETER- ANS. S 369-B. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COUNCIL OR COMMITTEE WITHIN THE EXECUTIVE BRANCH, THE STATE UNIVERSITY OF NEW YORK, AND ALL PUBLIC AUTHORITIES UNDER THE CONTROL OF THE EXECUTIVE BRANCH. 2. "TEMPORARY APPOINTMENT" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION SIXTY-FOUR OF THE CIVIL SERVICE LAW. 3. "VETERAN" SHALL MEAN AN INDIVIDUAL WHO SERVED ON ACTIVE DUTY IN THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINE CORPS, COAST GUARD OR THE RESERVES THEREOF, OR WHO SERVED IN ACTIVE MILITARY SERVICE OF THE UNITED STATES AS A MEMBER OF THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, NEW YORK GUARD OR NEW YORK NAVAL MILITIA, WHO WAS RELEASED FROM ACTIVE DUTY BY GENERAL OR HONORABLE DISCHARGE AFTER SEPTEMBER ELEVENTH, TWO THOUSAND ONE. 4. "VETERAN TEMPORARY HIRING LIST" SHALL MEAN A HIRING LIST MAINTAINED BY THE DEPARTMENT OF CIVIL SERVICE. S 369-C. TEMPORARY HIRING. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A STATE AGENCY SHALL SELECT A VETERAN FROM THE VETERAN TEMPO- RARY HIRING LIST WHEN MAKING A TEMPORARY APPOINTMENT PROVIDED SUCH VETERAN POSSESSES THE APPLICABLE SKILLS NEEDED FOR THE TEMPORARY ASSIGN- MENT. S 369-D. DEPARTMENT OF CIVIL SERVICES RESPONSIBILITIES. THE DEPARTMENT OF CIVIL SERVICE SHALL: 1. ESTABLISH AND MAINTAIN A VETERAN TEMPORARY HIRING LIST, FOR USE BY STATE AGENCIES IN THE IMPLEMENTATION OF THIS ARTICLE; 2. ASSIST STATE AGENCIES BY MAKING AVAILABLE SERVICES OF THE DEPART- MENT OF CIVIL SERVICE TO FACILITATE THE PROVISIONS OF THIS ARTICLE; AND 3. ESTABLISH AND MAINTAIN, TOGETHER WITH THE DIRECTOR OF THE DIVISION OF VETERANS' AFFAIRS, A PROGRAM TO EDUCATE SEPARATING SERVICE MEMBERS AS TO THE BENEFITS AVAILABLE TO VETERANS UNDER THIS ARTICLE. S 369-E. REGULATIONS. THE PRESIDENT OF THE STATE CIVIL SERVICE COMMIS- SION SHALL PROMULGATE SUCH RULES AND REGULATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE. S 2. This act shall take effect immediately.

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