senate Bill S4583A

Signed By Governor
2011-2012 Legislative Session

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

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Archive: Last Bill Status Via A1428 - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 signed chap.152
Jul 08, 2011 delivered to governor
Jun 23, 2011 returned to assembly
passed senate
3rd reading cal.1107
substituted for s4583a
Jun 23, 2011 substituted by a1428b
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1107
Jun 01, 2011 print number 4583a
amend and recommit to finance
May 17, 2011 reported and committed to finance
Apr 12, 2011 referred to veterans, homeland security and military affairs

Votes

view votes

Jun 7, 2011 - Finance committee Vote

S4583A
29
0
committee
29
Aye
0
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

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

S4583
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

S4583 - Details

See Assembly Version of this Bill:
A1428B
Law Section:
Military Law
Laws Affected:
Amd §243, Mil L; amd §81, add §88, Civ Serv L

S4583 - 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.

S4583 - Sponsor Memo

S4583 - Bill Text download pdf

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

                                  4583

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

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 to read as follows:
  11.  [Preferred]  ELIMINATION  OF  POSITIONS  AND   PREFERRED   lists.
NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, NO PUBLIC
EMPLOYER SHALL ABOLISH A POSITION OCCUPIED BY A PUBLIC EMPLOYEE  ENGAGED
IN THE PERFORMANCE OF MILITARY DUTY, EXCEPT AS HEREINAFTER PROVIDED:
  (A)  IF  A  PUBLIC EMPLOYER FIRST ABOLISHES ALL SIMILAR POSITIONS, THE
EMPLOYER MAY ABOLISH A POSITION OCCUPIED BY A PUBLIC EMPLOYEE ENGAGED IN
THE PERFORMANCE OF MILITARY DUTY. IF TWO OR MORE PUBLIC EMPLOYEES IN ANY
SIMILAR POSITION ARE ENGAGED IN THE PERFORMANCE OF  MILITARY  DUTY,  AND
THE  FOREGOING  ACTION  WOULD  RESULT IN THE ELIMINATION OF AT LEAST ONE
POSITION OCCUPIED BY A PUBLIC EMPLOYEE, THE ELIMINATION OF THE  POSITION
OR  POSITIONS HELD BY THE PUBLIC EMPLOYEES ENGAGED IN THE PERFORMANCE OF
MILITARY DUTY SHALL BE MADE IN ORDER OF SENIORITY, COMMENCING  WITH  THE
LEAST SENIOR PUBLIC EMPLOYEE.
  (B)  If  the position occupied by a public employee is abolished prior
to the termination of his military duty IN THE MANNER SET FORTH IN PARA-
GRAPH (A) OF THIS SUBDIVISION, his OR HER 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] EIGHTY-FIVE of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05550-04-1

Co-Sponsors

S4583A (ACTIVE) - Details

See Assembly Version of this Bill:
A1428B
Law Section:
Military Law
Laws Affected:
Amd §243, Mil L; amd §81, add §88, Civ Serv L

S4583A (ACTIVE) - 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.

S4583A (ACTIVE) - Sponsor Memo

S4583A (ACTIVE) - Bill Text download pdf

                    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

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