Senate Bill S5845

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

                                  5845

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 11, 2009
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the executive law, in relation  to  the  application  of
  veteran's  credits  to civil service examinations for employees of the
  division of state police

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

  Section 1. Section 211 of the executive law, as amended by chapter 331
of the laws of 1993, is amended to read as follows:
  S 211. Employees. The superintendent may appoint such employees as may
be necessary and fix their compensation within such sum as may be appro-
priated  by  law.  Persons appointed to competitive positions within the
division who meet the definition  of  veteran  or  disabled  veteran  as
defined  in  section eighty-five of the civil service law shall be enti-
tled to additional credit and preference as conferred by that law and in
the same manner, except that, notwithstanding any law to  the  contrary,
with respect to any candidate applying for credit in a competitive exam-
ination  for original appointment as a disabled or non-disabled veteran,
such candidate may apply provisionally for such credit  while  still  an
active  member  of  the  armed forces, AND BELATED APPLICATION FOR ADDI-
TIONAL CREDIT MAY BE MADE BY AN APPLICANT WHO HAS ALREADY BEEN PLACED ON
AN ELIGIBLE LIST BUT SUBSEQUENT TO SUCH PLACEMENT HAS  BEEN  ORDERED  TO
ACTIVE MILITARY DUTY, OTHER THAN TRAINING, TO A COMBAT THEATER OR COMBAT
ZONE  OF  OPERATIONS  THAT  QUALIFIES  SUCH APPLICANT FOR THE ADDITIONAL
CREDIT AS A VETERAN OR DISABLED  VETERAN  PROVIDED  SUCH  LIST  HAS  NOT
EXPIRED  AND  PROVIDED FURTHER THAT THE APPLICANT MAKES SUCH APPLICATION
WITHIN NINETY DAYS AFTER  RECEIVING  AN  HONORABLE  DISCHARGE  OR  BEING
RELEASED UNDER HONORABLE CIRCUMSTANCES.  The application for provisional
credit  may be made at any time [between the date of his or her applica-
tion for the competitive examination and the date] PRIOR TO THE  EXPIRA-
TION  OF  the  eligible  list [is established]. In cases where there has

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11711-02-9
              

S. 5845                             2

been a provisional application, the  superintendent  shall  grant  final
credit only if the candidate renews his or her application within ninety
days  following  termination  of  the candidate's military duty, and the
candidate's  period  of eligibility on the list has not expired, and the
candidate satisfies the appropriate statutory requirements for eligibil-
ity. Pending the granting of final credit, the  candidate's  ranking  on
any eligible list shall reflect the provisional credit.
  S  2. This act shall take effect immediately and shall apply to eligi-
ble civil service lists in effect on or after such date.