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 |
Jun 01, 2011 |
amend and recommit to finance |
May 17, 2011 |
reported and committed to finance |
Apr 12, 2011 |
referred to veterans, homeland security and military affairs |
Senate Bill S4583
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A1428 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, C) Senate District
2011-S4583 - Details
- Law Section:
- Military Law
- Laws Affected:
- Amd §243, Mil L; amd §85, Civ Serv L
2011-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.
2011-S4583 - Sponsor Memo
BILL NUMBER:S4583 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: Prohibits public employers from abolishing positions occupied by public employees absent on military duty unless all other similar positions are first eliminated SUMMARY OF PROVISIONS: Section 1: Subdivision 11 of the section 243 of the military law is amended to state that 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, unless the employer first abolishes all similar positions, and if the position is abolished prior to the termination of his or her military duty, his or her name shall be placed forthwith upon a preferred list. Section 2: Subdivision 3 of section 243 of the military law is amended to make technical corrections by referencing to subdivision 11 of that section, and section 64 of the civil service law.
2011-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
(D) 15th Senate District
(R, C) 60th Senate District
(R, C) Senate District
2011-S4583A (ACTIVE) - Details
- Law Section:
- Military Law
- Laws Affected:
- Amd §243, Mil L; amd §85, Civ Serv L
2011-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.
2011-S4583A (ACTIVE) - 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
2011-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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