Enacts the "veterans employment act" to grant veterans the right to temporary appointments by state agencies, rather than using temporary employment service companies.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Perkins, Ranzenhofer
TITLE OF BILL: An act to amend the executive law, in relation to enacting the "veterans employment act"
PURPOSE OR GENERAL IDEA OF BILL: Enacts the "veterans employment act" to grant veterans the right to temporary appointments by state agencies, rather than using temporary employment service companies.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: The executive law is amended by adding a new article 17-A.
Section 369: Short title. This article shall be known and may be cited as the "veterans employment act."
Section 369-a: Legislative findings.
Section 369-b: Definitions.
Section 369-c: Temporary hiring. A state agency would select a veteran from the veteran temporary hiring list when making a temporary appointment provided the veteran possesses the applicable skills needed for the temporary assignment.
Section 369-d: States the Department of Civil Service responsibilities.
Section 369-e: Regulations. Requires the President of the State Civil Service Commission shall promulgate such rules and regulations as shall be necessary to implement the provisions of this article.
Section 2: The effective date of the measure.
JUSTIFICATION: The unemployment rate for Post-9/11 veterans in New York State was 10.7% in 2012. This is nearly one percent higher than the national average and higher than the State's overall 8.2% unemployment rate. The State continuously uses temporary employees to supplement the State workforce. Temporary workers can be used to cover an employee's maternity leave, vacation leave, vacation time, or extended sick leave. This bill could be considered the first step introducing veterans to public service employment.
PRIOR LEGISLATIVE HISTORY: New legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.
EFFECTIVE DATE: This act shall take effective immediately.
STATE OF NEW YORK ________________________________________________________________________ 5504--A 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sens. BALL, ADDABBO, AVELLA, CARLUCCI, DeFRANCISCO, GRISANTI, LANZA, MAZIARZ, SAMPSON, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Veter- ans, Homeland Security and Military Affairs -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 INEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10818-02-3 S. 5504--A 2
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, THE CITY 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, MARINE CORPS, AIR FORCE, COAST GUARD OR THE RESERVES COMPONENT, 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 SUCH SERVICE OTHERWISE THEN BY DISHONORABLE 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.