senate Bill S4583A

Relates to abolition of positions occupied by public employees absent on military duty

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Apr / 2011
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 17 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 01 / Jun / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 01 / Jun / 2011
    • PRINT NUMBER 4583A
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1107
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 23 / Jun / 2011
    • SUBSTITUTED BY A1428B

Summary

Relates to abolition of positions occupied by public employees absent on military duty; mandates compliance with the Federal Employment and Reemployment Rights Act of 1994; prohibits abolition of positions based solely upon the fact that the positions are filled by individuals engaged in military duty.

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Bill Details

See Assembly Version of this Bill:
A1428B
Versions:
S4583
S4583A
Legislative Cycle:
2011-2012
Law Section:
Military Law
Laws Affected:
Amd §243, Mil L; amd §81, add §88, Civ Serv L

Sponsor Memo

BILL NUMBER:S4583A

TITLE OF BILL:
An act
to amend the military law and the civil service law,
in relation to abolition of positions
occupied by public employees absent on
military duty

PURPOSE OR GENERAL IDEA OF BILL:
Relates to abolition of positions
occupied by public employees absent on military duty

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Section 243 of the military law is amended by adding a new
subdivision 10-b to state that if a public employer consolidates,
abolishes, displaces, or demotes a position in accordance with
section eighty, eight-a, or eighty-five of the civil service law,
which is occupied by a public employee currently on active duty with
the armed forces of the United States, as pursuant to title ten,
fourteen, or thirty-two of the United States code, such employer
shall comply with subdivisions eleven and twelve of this section,
and, upon the termination of the public employee's active duty, as
defined in title ten, fourteen, or thirty-two of the United States
code, such public employer shall provide full re-employment rights
warranted to such employee under the Federal Uniformed Services
Employment and Reemployment Rights Act of 1994, provided, however,
the right of reemployment under this subdivision does not entitle
such employee to displacement rights over any person with greater
seniority. Such public employer shall not abolish any position or
positions solely based upon the fact that the position or positions
are currently filled by an individual or individuals engaged in
military duty. Subdivision 11 of section 243 of the military
is amended to make technical corrections referencing sections
eighty-one of the civil service law, and sections twenty-five hundred
ten, twenty-five hundred eighty-five and twenty-five hundred
eighty-eight of the education law.

Section 2: Subdivision 1 of section 81 of the civil service law is
amended to make technical corrections and to state that an employee
whose name was placed on a preferred list and at the time of such
placement was on active duty with the armed forces of the United
States, as pursuant to title ten, fourteen or thirty-two of the
United States code, shall not be eligible for employment
reinstatement for a period longer than four years after the
termination of military duty.

Section 3: The civil service law is amended by adding a new section 88
which prohibits against discrimination against public employees
serving in the armed forces and states that no public employer shall
deny employment, re-employment, or any benefit of employment to any
person
or employee based on the prospective, current or past enlistment,
appointment or commission with the armed forces of the United States.
Such person or persons shall be afforded full enforcement rights under


the laws of this state and of the United States, including the
Federal Uniformed Services Employment and Reemployment Act of 1994.

Section 4: States the effective date.

JUSTIFICATION:
In late 2010, the Metropolitan Transportation Authority
(MIA) allowed several service members to be laid off while they are
serving overseas due to the authority's downsizing.

This is an outrage. Even if it is legal for the MTA to let someone go
while they are serving their country in a time of war, it should not
be done. Our servicemen and women sacrifice their time and put their
family lives and careers on hold to defend each one of our rights and
freedoms.

For their service, they should be thanked, not sent to the
unemployment line.

The MTA's interpretation of the Soldiers and Sailors Civil Relief Act
is that a downsizing public employer doesn't have to make an
exception for soldiers on leave from their civilian jobs. In the
absence of common decency, this can be rectified with legislation.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4583--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by Sens. BALL, LARKIN -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Veterans,  Homeland
  Security  and Military Affairs -- reported favorably from said commit-
  tee 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 military law and the civil service law, in relation
  to abolition of positions occupied by public employees absent on mili-
  tary duty

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 11 of section 243 of the military law, as added
by  chapter  420  of  the laws of 1953, is amended and a new subdivision
10-b is added to read as follows:
  10-B. IF A PUBLIC  EMPLOYER  CONSOLIDATES,  ABOLISHES,  DISPLACES,  OR
DEMOTES  A  POSITION,  IN  ACCORDANCE  WITH  SECTION EIGHTY, EIGHTY-A OR
EIGHTY-FIVE OF THE CIVIL SERVICE LAW, WHICH  IS  OCCUPIED  BY  A  PUBLIC
EMPLOYEE  CURRENTLY  ON  ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED
STATES, AS PURSUANT TO TITLE TEN, FOURTEEN OR THIRTY-TWO OF  THE  UNITED
STATES  CODE,  SUCH  EMPLOYER  SHALL COMPLY WITH SUBDIVISIONS ELEVEN AND
TWELVE OF THIS SECTION AND, UPON THE TERMINATION OF THE  PUBLIC  EMPLOY-
EE'S ACTIVE DUTY, AS DEFINED IN TITLE TEN, FOURTEEN OR THIRTY-TWO OF THE
UNITED  STATES  CODE, SUCH PUBLIC EMPLOYER SHALL PROVIDE FULL RE-EMPLOY-
MENT RIGHTS WARRANTED TO  SUCH  EMPLOYEE  UNDER  THE  FEDERAL  UNIFORMED
SERVICES  EMPLOYMENT  AND  REEMPLOYMENT  RIGHTS  ACT  OF 1994, PROVIDED,
HOWEVER, THE RIGHT OF RE-EMPLOYMENT  UNDER  THIS  SUBDIVISION  DOES  NOT
ENTITLE SUCH EMPLOYEE TO DISPLACEMENT RIGHTS OVER ANY PERSON WITH GREAT-
ER  SENIORITY.  SUCH  PUBLIC  EMPLOYER SHALL NOT ABOLISH ANY POSITION OR
POSITIONS SOLELY BASED UPON THE FACT THAT THE POSITION OR POSITIONS  ARE
CURRENTLY  FILLED  BY  AN  INDIVIDUAL OR INDIVIDUALS ENGAGED IN MILITARY
DUTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05550-08-1

S. 4583--A                          2

  11. Preferred lists. If the position occupied by a public employee  is
abolished  prior  to the termination of his military duty his name shall
be placed forthwith upon a preferred list, as  herein  provided.  Public
employees in the competitive class of the civil service shall have their
names  placed upon a preferred eligible list, pursuant to the provisions
of section [thirty-one] EIGHTY-ONE of the civil service law  and  public
employees  subject to [section twenty-five hundred thirty-five] SECTIONS
TWENTY-FIVE HUNDRED TEN, TWENTY-FIVE HUNDRED EIGHTY-FIVE AND TWENTY-FIVE
HUNDRED EIGHTY-EIGHT of the education law shall have their names  placed
upon a preferred list as provided in such section.
  S  2. Subdivision 1 of section 81 of the civil service law, as amended
by chapter 283 of the laws of 1972, is amended to read as follows:
  1.  Establishment of preferred lists; general provisions. The head  of
any  department, office or institution in which an employee is suspended
or demoted in accordance with the  provisions  of  sections  eighty  and
eighty-a  of  this  [chapter]  TITLE  shall,  upon  such  suspension  or
demotion, furnish the state  civil  service  department  or  appropriate
municipal  commission, as the case may be, a statement showing his name,
title or position, date of appointment, and the date of and  reason  for
suspension  or  demotion.  It  shall  be  the duty of such civil service
department or commission, as the case may be,  forthwith  to  place  the
name  of  such  employee upon a preferred list, together with others who
may have been suspended or demoted from the same or similar positions in
the same jurisdictional class, and to certify such list, as  hereinafter
provided, for filling vacancies in the same jurisdictional class; first,
in  the  same  or  similar  position; second, in any position in a lower
grade in line of promotion; and third, in any comparable position.  Such
preferred  list  shall  be  certified  for filling a vacancy in any such
position before certification is made from any other list,  including  a
promotion  eligible  list,  notwithstanding  the  fact  that none of the
persons on such preferred list was suspended  from  or  demoted  in  the
department or suspension and demotion unit in which such vacancy exists.
No  other name shall be certified from any other list for any such posi-
tion until such preferred list is exhausted. The eligibility  for  rein-
statement  of  a  person  whose  name appears on any such preferred list
shall not continue for a period longer than four years from the date  of
separation  or  demotion.    AN  EMPLOYEE  WHOSE  NAME WAS PLACED ON THE
PREFERRED LIST AND AT THE TIME OF SUCH PLACEMENT WAS ON ACTIVE DUTY WITH
THE ARMED FORCES OF THE UNITED STATES, AS PURSUANT TO TITLE  TEN,  FOUR-
TEEN  OR THIRTY-TWO OF THE UNITED STATES CODE, SHALL NOT BE ELIGIBLE FOR
EMPLOYMENT REINSTATEMENT FOR A PERIOD LONGER THAN FOUR YEARS  AFTER  THE
DATE OF TERMINATION OF MILITARY DUTY.
  S  3.  The  civil service law is amended by adding a new section 88 to
read as follows:
  S 88. PROHIBITION  AGAINST  DISCRIMINATION  AGAINST  PUBLIC  EMPLOYEES
SERVING  IN THE ARMED FORCES. NO PUBLIC EMPLOYER, AS DEFINED IN SUBDIVI-
SION SIX OF SECTION TWO HUNDRED ONE OF THIS CHAPTER, SHALL DENY  EMPLOY-
MENT,  RE-EMPLOYMENT  OR  ANY  BENEFIT  OF  EMPLOYMENT  TO ANY PERSON OR
EMPLOYEE BASED ON PROSPECTIVE, CURRENT OR PAST  ENLISTMENT,  APPOINTMENT
OR COMMISSION WITH THE ARMED FORCES OF THE UNITED STATES. SUCH PERSON OR
EMPLOYEE  SHALL  BE  AFFORDED  FULL ENFORCEMENT RIGHTS UNDER THE LAWS OF
THIS STATE AND OF THE UNITED STATES,  INCLUDING  THE  FEDERAL  UNIFORMED
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994.
  S 4. This act shall take effect immediately.

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