Bill Text: NY S07405 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to certain veterans; entitles them to 10 additional competitive civil service exam points if they are disabled; entitles them to 5 additional competitive civil service exam points if they are non-disabled and if they received certain medals or ribbons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S07405 Detail]

Download: New_York-2023-S07405-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7405

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 23, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- 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  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:

     1    Section 1. Paragraph (a) of subdivision 1 of section 85 of  the  civil
     2  service  law,  as separately amended by section 37 of part PP of chapter
     3  56 and chapter 669 of the laws of 2022, is amended to read as follows:
     4    (a) The terms "veteran" and "non-disabled veteran" mean: (1) a  member
     5  of the armed forces of the United States who was honorably discharged or
     6  released  under  honorable circumstances from such service including (i)
     7  having a qualifying condition as defined in section one of the veterans'
     8  services law, and receiving  a  discharge  other  than  bad  conduct  or
     9  dishonorable from such service, or (ii) being a discharged LGBT veteran,
    10  as defined in section one of the veterans' services law, and receiving a
    11  discharge  other than bad conduct or dishonorable from such service, who
    12  is a citizen of the United States or a noncitizen lawfully admitted  for
    13  permanent  residence  in  the United States and who is a resident of the
    14  state of New  York  at  the  time  of  application  for  appointment  or
    15  promotion or at the time of retention, as the case may be; or
    16    (2)  a  member of the armed forces of the United States who was honor-
    17  ably discharged or released  under  honorable  circumstances  from  such
    18  service,  who  is  a  citizen  of the United States or an alien lawfully
    19  admitted for permanent residence in the United States, who is a resident
    20  of the state of New York at the time of application for  appointment  or
    21  promotion  or  at the time of retention, as the case may be, and who was
    22  awarded either a: (i) Combat  Action  Ribbon,  (ii)  Combat  Infantryman
    23  Badge,  (iii) Combat Medical Badge, (iv) Combat Action Badge, (v) Combat
    24  Recognition Ribbon, or (vi) Air Force Combat Action medal.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08135-01-3

        S. 7405                             2

     1    § 2.  Subparagraph 1 of paragraph (a) of subdivision 2 of  section  85
     2  of  the  civil service law, as added by chapter 790 of the laws of 1958,
     3  is amended to read as follows:
     4    (1)  Disabled  veterans  shall be entitled to receive ten points addi-
     5  tional credit in a competitive examination for original appointment  and
     6  five   points   additional  credit  in  a  competitive  examination  for
     7  promotion, and
     8    § 3. Paragraph (b) of subdivision 1 of section 85 of the civil service
     9  law, as amended by chapter 608 of the laws of 2021, is amended  to  read
    10  as follows:
    11    (b)  The  term  "disabled veteran" means a veteran who is certified by
    12  the United States veterans' administration or a military  department  as
    13  entitled  to  receive disability payments upon the certification of such
    14  veterans' administration or  a  military  department  for  a  disability
    15  incurred by him or her in the course of his or her service and in exist-
    16  ence  at  the time of application for appointment or promotion or at the
    17  time of retention, as the case may be and who was awarded either a:  (i)
    18  Combat  Action  Ribbon,  (ii)  Combat  Infantryman  Badge,  (iii) Combat
    19  Medical Badge, (iv) Combat Action Badge, (v) Combat Recognition  Ribbon,
    20  or  (vi)  Air Force Combat Action medal. Such disability shall be deemed
    21  to be in existence  at  the  time  of  application  for  appointment  or
    22  promotion  or  at  the  time  of  retention,  as the case may be, if the
    23  certificate of such veterans' administration shall  state  affirmatively
    24  that  such veteran has been examined by a medical officer of such veter-
    25  ans' administration on a date within one year  of  either  the  date  of
    26  filing  application for competitive examination for original appointment
    27  or promotion or the date of the establishment of the resulting  eligible
    28  list  or  within  one year of the time of retention, as the case may be;
    29  that at the time of such examination the disability  described  in  such
    30  certificate was found to exist; and that such disability is rated at ten
    31  per centum or more. Such disability shall also be deemed to be in exist-
    32  ence  at  such  time if the certificate of such veterans' administration
    33  shall state affirmatively that a permanent stabilized condition of disa-
    34  bility exists to an extent of ten per centum  or  more,  notwithstanding
    35  the fact that such veteran has not been examined by a medical officer of
    36  such  veterans'  administration  within  one  year of either the time of
    37  application for appointment or promotion or the date of filing  applica-
    38  tion  for competitive examination for original appointment or promotion,
    39  or within one year of the time of retention, as the case may be.
    40    § 4. This act shall take effect  immediately,  provided  that  if  the
    41  provisions  of  part  PP of chapter 56 of the laws of 2022 shall not yet
    42  have taken effect on or before such effective date then this  act  shall
    43  take  effect  on  the  same  date and in the same manner as such part PP
    44  takes effect.
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