senate Bill S5504A

Signed by Governor

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

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Bill Status


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

  • 16 / May / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 30 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jun / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 04 / Jun / 2013
    • PRINT NUMBER 5504A
  • 11 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1297
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 18 / Jun / 2013
    • SUBSTITUTED FOR A7761
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.384
  • 18 / Jun / 2013
    • PASSED ASSEMBLY
  • 18 / Jun / 2013
    • RETURNED TO SENATE
  • 30 / Dec / 2013
    • DELIVERED TO GOVERNOR
  • 10 / Jan / 2014
    • SIGNED CHAP.557
  • 10 / Jan / 2014
    • APPROVAL MEMO.19

Summary

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

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Bill Details

See Assembly Version of this Bill:
A7761
Versions:
S5504
S5504A
Legislative Cycle:
2013-2014
Law Section:
Executive Law
Laws Affected:
Add Art 17-A ยงยง369 - 369-e, Exec L

Sponsor Memo

BILL NUMBER:S5504A

TITLE OF BILL: An act to amend the executive law, in relation to enact-
ing 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 appoint-
ment 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.

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

                                 5504--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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  IN

 EXPLANATION--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.

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