senate Bill S4262A

2011-2012 Legislative Session

Relates to certain veterans and competitive civil service exam points

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2012 referred to veterans' affairs
returned to assembly
repassed senate
Jun 04, 2012 amended on third reading 4262a
vote reconsidered - restored to third reading
Jun 04, 2012 returned to senate
recalled from assembly
Apr 26, 2012 referred to veterans' affairs
delivered to assembly
passed senate
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.82
Jan 04, 2012 referred to veterans, homeland security and military affairs
Jun 24, 2011 committed to rules
May 23, 2011 advanced to third reading
May 18, 2011 2nd report cal.
May 17, 2011 1st report cal.757
Mar 25, 2011 referred to veterans, homeland security and military affairs

Votes

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Jan 18, 2012 - Veterans, Homeland Security and Military Affairs committee Vote

S4262
12
1
committee
12
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 18, 2012

nay (1)
excused (1)

May 17, 2011 - Veterans, Homeland Security and Military Affairs committee Vote

S4262
13
1
committee
13
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S4262 - Bill Details

Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Amd §85, Civ Serv L

S4262 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4262

TITLE OF BILL:
An act
to amend the civil service law, in relation to
veterans and competitive civil service exam points

PURPOSE OR GENERAL IDEA OF BILL:
This bill gives honorably discharged disabled veterans who have
received specific decorations for service in active combat additional
bonus points on a competitive examination for civil service employment.
Additional points are currently granted to all honorably discharged
veterans on such exams, with bonus points given to disabled veterans
whose disabilities were incurred during war. This bill gives disabled
veterans who have received decorations for service in active combat
the same amount of points on these exams that are currently received
by disabled veterans whose injuries were incurred in war.

SUMMARY OF PROVISIONS:
Section One amends paragraph (a) of subdivision 1 of section 85 of the
civil service law, as amended by chapter 333 of the laws of 1993, to
include members of the armed forces who are awarded a Combat Action
Ribbon, Combat Infantryman Badge, Combat Medical Badge, Combat Action
Badge, Combat Recognition Ribbon or Air Force Combat Action Medal in
the definition of "veteran", as long as they meet all other discharge
and residency requirements, for purposes of that section.

Section Two amends subparagraph 1 of paragraph (a) of subdivision 2 of
section 85 of the civil service law, as added by chapter 790 of the
laws of 1958 by adding the word "credit" for the purpose of
clarifying that the ten point benefit is not to mean ten points above
the five points received by all veterans.

Section Three amends subdivision 1 of section 85 of the civil service
law by adding subparagraph 4, adding those members of the military
who have been awarded a Combat Action Ribbon, Combat Infantryman
Badge, Combat Medical Badge, Combat Action Badge, Combat Recognition
Ribbon or Air Force Combat Action Medal and meet all other
requirements for receiving disability payments, to the definition of
"disabled veteran" for the purposes of this section.

Section Four is the effective date.

JUSTIFICATION:
The Combat Action Ribbon, Combat Infantryman Badge, combat Medical
Badge, Combat Action Badge, combat Recognition Ribbon and Air Force
Combat Action Medals are personal decoration awarded to members of
the military who have participated in active combat any time since
1941. Which of these six awards is bestowed on the member of the military
depends upon which branch or department in which the individual served.
These awards are bestowed upon members of the Army, Navy, Marine Corps,
and Coast Guard in the grade of captain (or colonel in the Marine
Corps) and below.

It is a longstanding tradition to give
veterans priority for civil service employment, both as a


reward for the invaluable service they provided for our country
as well as to help them reenter the workforce when their
civilian life has been disrupted by their service.
To achieve these goals, current law grants veterans the
benefit of additional points on civil service examinations for
employment.
Under current law, non-disabled veterans receive five points when the
examination is for initial appointment and two and one half points
when the examination is for a promotion. Disabled veterans receive
ten points on an examination for initial appointment and five points
when the examination is for a promotion.

This bill would add members of the armed forces who received the
aforementioned combat decorations to the definition of "disabled
veterans". Recipients of these awards are exposed to great risk and
danger in active combat. Their bravery is recognized by the issuance
of these awards yet they do not currently receive heightened priority
when entering civil service employment. This bill remedies this
discrepancy by raising the degree of benefit received on civil
service examinations.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None noted.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4262

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by Sens. ZELDIN, DeFRANCISCO, GOLDEN, LARKIN, MAZIARZ, McDO-
  NALD, NOZZOLIO, RANZENHOFER -- read twice  and  ordered  printed,  and
  when  printed  to  be committed to the Committee on Veterans, Homeland
  Security 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:

  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:
  (1) a member of the armed forces of the United States who served ther-
ein in time of war, who  was  honorably  discharged  or  released  under
honorable  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; OR
  (2)  A  MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO WAS HONOR-
ABLY DISCHARGED OR RELEASED  UNDER  HONORABLE  CIRCUMSTANCES  FROM  SUCH
SERVICE,  WHO  IS  A  CITIZEN  OF THE UNITED STATES OR AN ALIEN LAWFULLY
ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, 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, AND WHO WAS
AWARDED EITHER A: (I) COMBAT  ACTION  RIBBON,  (II)  COMBAT  INFANTRYMAN
BADGE,  (III) COMBAT MEDICAL BADGE, (IV) COMBAT ACTION BADGE, (V) COMBAT
RECOGNITION RIBBON, OR (VI) AIR FORCE COMBAT ACTION MEDAL.
  S 2.  Subparagraph 1 of paragraph (a) of subdivision 2 of  section  85
of  the  civil service law, as added by chapter 790 of the laws of 1958,
is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09901-02-1

S. 4262                             2

  (1) Disabled veterans shall be entitled to receive  ten  points  addi-
tional  CREDIT in a competitive examination for original appointment and
five  points  additional  credit  in  a  competitive   examination   for
promotion, and
  S  3.  Paragraph b of subdivision 1 of section 85 of the civil service
law is amended by adding a new subparagraph 4 to read as follows:
  (4) A VETERAN WHO IS CERTIFIED BY THE UNITED STATES VETERANS' ADMINIS-
TRATION OR A MILITARY  DEPARTMENT  AS  ENTITLED  TO  RECEIVE  DISABILITY
PAYMENTS  UPON CERTIFICATION OF SUCH VETERANS' ADMINISTRATION OR A MILI-
TARY DEPARTMENT FOR A DISABILITY INCURRED BY HIM OR HER IN THE COURSE OF
HIS OR HER TIME OF SERVICE AND IN EXISTENCE AT THE TIME  OF  APPLICATION
FOR  APPOINTMENT  OR  PROMOTION OR AT THE TIME OF RETENTION, AS THE CASE
MAY BE, AND WHO WAS AWARDED EITHER A: (I)  COMBAT  ACTION  RIBBON,  (II)
COMBAT INFANTRYMAN BADGE, (III) COMBAT MEDICAL BADGE, (IV) COMBAT ACTION
BADGE,  (V)  COMBAT  RECOGNITION RIBBON, OR (VI) AIR FORCE COMBAT ACTION
MEDAL.
  S 4. This act shall take effect immediately.

Co-Sponsors

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S4262A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Amd §85, Civ Serv L

S4262A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4262A

TITLE OF BILL:
An act
to amend the civil service law, in relation to
veterans and competitive civil service exam points

PURPOSE OR GENERAL IDEA OF BILL:
This bill gives honorably discharged veterans who have received a
purple heart or other specific decorations for service in active
combat additional bonus points on a competitive examination for civil
service employment. Additional points are already granted to
honorably discharged members of the military on such exams, with
bonus points given to disabled veterans. This bill gives veterans who
have received purple heart or decorations for service in active
combat the same amount of bonus points given to disabled veterans.

SUMMARY OF PROVISIONS:
Section One amends subparagraph 1 of paragraph (a) of subdivision 2 of
section 85 of the civil service law to entitle non-disabled veterans
who were honorably discharged and awarded either a: (1) combat action
ribbon, (ii) Combat Infantryman Badge, (iii) Combat Medical Badge,
(iv) Combat Action Badge, (v) Combat Recognition Ribbon, (vi) Air
Force Combat Action Medal, or (viii) purple heart to receive ten
additional points on a competitive examination for original
appointment in a civil service position and five points additional
credit in a competitive examination for promotion.

JUSTIFICATION:
The Combat Action Ribbon, Combat Infantryman Badge, Combat Medical
Badge, Combat Action Badge, Combat Recognition Ribbon and Air Force
Combat Action Medals are personal decoration awarded to members of
the military who have participated in active combat any time since
1941.
Which of these six awards is bestowed on the member of the military
depends upon which branch or department the individual served under.
These awards are bestowed upon members of the Army, Navy, Marine
Corps, and Coast Guard in the grade of captain (or colonel in the
Marine Corps) and below. The purple heart is a decoration awarded to
those who have been wounded and killed.
It is a longstanding tradition to give veterans priority for
employment, both as a reward for their invaluable service and to help
them reenter the workforce when their civilian life has been
disrupted by their service. Under current law, veterans enjoy the
benefit of additional points on civil service examinations for
employment.
Currently non-disabled veterans receive five points when the
examination is for initial appointment and two and one half points
when the examination is for a promotion while disabled veterans
receive ten points on an examination for initial appointment and five
points when
the examination is for a promotion. This legislation would give
nondisabled veterans who have received a purple heart or a decoration
for service in active combat the same point benefit that disabled
veterans enjoy. By being wounded or killed or by serving in active
duty, these members of the military are exposed to great risk and


danger. Their bravery is recognized by the issuance of these awards
yet they do not currently receive a heightened priority when entering
civil service employment. This bill remedies this discrepancy by
raising their benefit on civil service examinations.

LEGISLATIVE HISTORY:

FISCAL IMPLICATIONS:
None noted.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4262--A
    Cal. No. 82

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced   by  Sens.  ZELDIN,  AVELLA,  DeFRANCISCO,  GOLDEN,  LARKIN,
  MAZIARZ, McDONALD, NOZZOLIO, O'MARA, RANZENHOFER  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Veterans, Homeland Security and Military Affairs -- recommitted to the
  Committee on Veterans,  Homeland  Security  and  Military  Affairs  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  passed  by  Senate  and delivered to the Assembly, recalled,
  vote reconsidered, restored to  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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:

  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:
  (1) a member of the armed forces of the United States who served ther-
ein  in  time  of  war,  who  was honorably discharged or released under
honorable 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; OR
  (2) A MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO  WAS  HONOR-
ABLY  DISCHARGED  OR  RELEASED  UNDER  HONORABLE CIRCUMSTANCES FROM SUCH
SERVICE, WHO IS A CITIZEN OF THE UNITED  STATES  OR  AN  ALIEN  LAWFULLY
ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, 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, AND  WHO  WAS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09901-03-2

S. 4262--A                          2

AWARDED  EITHER  A:  (I)  COMBAT  ACTION RIBBON, (II) COMBAT INFANTRYMAN
BADGE, (III) COMBAT MEDICAL BADGE, (IV) COMBAT ACTION BADGE, (V)  COMBAT
RECOGNITION  RIBBON, (VI) AIR FORCE COMBAT ACTION MEDAL, OR (VII) PURPLE
HEART.
  S  2.   Subparagraph 1 of paragraph (a) of subdivision 2 of section 85
of the civil service law, as added by chapter 790 of the laws  of  1958,
is amended to read as follows:
  (1)  Disabled  veterans  shall be entitled to receive ten points addi-
tional CREDIT in a competitive examination for original appointment  and
five   points   additional  credit  in  a  competitive  examination  for
promotion, and
  S 3. Paragraph (b) of subdivision 1 of section 85 of the civil service
law is amended by adding a new subparagraph 4 to read as follows:
  (4) A VETERAN WHO IS CERTIFIED BY THE UNITED STATES VETERANS' ADMINIS-
TRATION OR A MILITARY  DEPARTMENT  AS  ENTITLED  TO  RECEIVE  DISABILITY
PAYMENTS  UPON CERTIFICATION OF SUCH VETERANS' ADMINISTRATION OR A MILI-
TARY DEPARTMENT FOR A DISABILITY INCURRED BY HIM OR HER IN THE COURSE OF
HIS OR HER TIME OF SERVICE AND IN EXISTENCE AT THE TIME  OF  APPLICATION
FOR  APPOINTMENT  OR  PROMOTION OR AT THE TIME OF RETENTION, AS THE CASE
MAY BE, AND WHO WAS AWARDED EITHER A: (I)  COMBAT  ACTION  RIBBON,  (II)
COMBAT INFANTRYMAN BADGE, (III) COMBAT MEDICAL BADGE, (IV) COMBAT ACTION
BADGE,  (V)  COMBAT  RECOGNITION  RIBBON,  (VI)  AIR FORCE COMBAT ACTION
MEDAL, OR (VII) PURPLE HEART.
  S 4. This act shall take effect immediately.

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