Relates to additional credit allowed veterans in competitive examinations; expands the definition of "veteran" and "non-disabled veteran" to include the spouse and/or children of a member of the armed forces of the United States who served therein in time of war and was subsequently killed in the line of duty.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5451
SPONSOR: Brabenec TITLE OF BILL:
An act to amend the civil service law, in relation to additional credit
allowed veterans in competitive examinations; preference in retention
upon abolition of positions
PURPOSE OR GENERAL IDEA OF BILL:
To give all veterans who served an active duty equal consideration with
regard to civil service examinations.
SUMMARY OF PROVISIONS:
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 a member of the armed forces of the United States who served there-
in in time of war, who was honorably discharged or released under honor-
able 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. The terms "veteran" and "non-disabled veteran" shall
also mean the spouse and/or children of a member 'of the armed forces of
the United States who served therein in time of war and was subsequently
killed in the line of duty.
JUSTIFICATION:
Veterans are those men and women who have given a part of their lives in
furtherance of service to their country and community. They are those
few who chose to forego spending time with their friends and families,
in the comfort of their homes, to pursue training, if not deployment,
with the United States military. While it is incumbent on New York State
to recognize the service of those who suffered through the horrors of
war abroad to defend what they love at home, many veterans' commitment
to the safekeeping of these United States was not predicated upon wheth-
er they were living in a time of war. Some chose to serve because they
felt it was their duty; some would act as a safeguard for their country
at any time a national emergency could arise.
This bill recognizes the civil spirit of those men and women who served
our country, though not directly participating in a conflict abroad.
This bill does so in a small way: by giving these veterans additional
consideration on civil service examinations in New York State. This bill
does not in any way diminish the importance and value of veterans who
served in a time of war, but recognizes that any martial service to the
United States is to be recognized and commended.
PRIOR LEGISLATIVE HISTORY:
01/08/20 referred to governmental employees
07/16/20 held for consideration in governmental employees
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5451
2023-2024 Regular Sessions
IN ASSEMBLY
March 10, 2023
___________
Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, in relation to additional credit
allowed veterans in competitive examinations; preference in retention
upon abolition of positions
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 amended by chapter 669 of the laws of 2022, is amended
3 to read as follows:
4 (a) The terms "veteran" and "non-disabled veteran" mean a member of
5 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 three hundred fifty
8 of the executive law, and receiving a discharge other than bad conduct
9 or dishonorable from such service, or (ii) being a discharged LGBT
10 veteran, as defined in section three hundred fifty of the executive law,
11 and receiving a discharge other than bad conduct or dishonorable from
12 such service, who is a citizen of the United States or a noncitizen
13 lawfully admitted for permanent residence in the United States and who
14 is a resident of the state of New York at the time of application for
15 appointment or promotion or at the time of retention, as the case may
16 be. The terms "veteran" and "non-disabled veteran" shall also mean the
17 spouse and/or children of a member of the armed forces of the United
18 States who served therein in time of war and was subsequently killed in
19 the line of duty.
20 § 2. Paragraph (a) of subdivision 1 of section 85 of the civil
21 service law, as separately amended by section 37 of part PP of chapter
22 56 and chapter 669 of the laws of 2022, is amended to read as follows:
23 (a) The terms "veteran" and "non-disabled veteran" mean a member of
24 the armed forces of the United States who was honorably discharged or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08887-01-3
A. 5451 2
1 released under honorable circumstances from such service including (i)
2 having a qualifying condition as defined in section one of the veterans'
3 services law, and receiving a discharge other than bad conduct or
4 dishonorable from such service, or (ii) being a discharged LGBT veteran,
5 as defined in section one of the veterans' services law, and receiving a
6 discharge other than bad conduct or dishonorable from such service, who
7 is a citizen of the United States or a noncitizen lawfully admitted for
8 permanent residence in the United States and who is a resident of the
9 state of New York at the time of application for appointment or
10 promotion or at the time of retention, as the case may be. The terms
11 "veteran" and "non-disabled veteran" shall also mean the spouse and/or
12 children of a member of the armed forces of the United States who served
13 therein in time of war and was subsequently killed in the line of duty.
14 § 3. This act shall take effect immediately; provided, however, that
15 section two of this act shall take effect on the same date and in the
16 same manner as section 37 of part PP of section 56 of the laws of 2022,
17 takes effect.
