senate Bill S5504A

Signed By Governor
2013-2014 Legislative Session

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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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2014 approval memo.19
signed chap.557
Dec 30, 2013 delivered to governor
Jun 18, 2013 returned to senate
passed assembly
ordered to third reading rules cal.384
substituted for a7761
Jun 12, 2013 referred to ways and means
delivered to assembly
passed senate
Jun 11, 2013 ordered to third reading cal.1297
committee discharged and committed to rules
Jun 04, 2013 print number 5504a
amend and recommit to finance
May 30, 2013 reported and committed to finance
May 16, 2013 referred to veterans, homeland security and military affairs

Votes

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Jun 11, 2013 - Rules committee Vote

S5504A
22
0
committee
22
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 30, 2013 - Veterans, Homeland Security and Military Affairs committee Vote

S5504
13
0
committee
13
Aye
0
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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S5504 - Bill Details

See Assembly Version of this Bill:
A7761
Law Section:
Executive Law
Laws Affected:
Add Art 17-A §§369 - 369-e, Exec L

S5504 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5504

TITLE OF BILL: An act to amend the executive law, in relation to
enacting the "veterans employment act"

PURPOSE:

To enact the "Veterans Employment Act" to grant veterans the right to
temporary appointments by state agencies, rather than using temporary
employment service companies.

SUMMARY OF PROVISIONS:

Section 1. The executive law is amended by adding a new article 17-A
to be known as the Veterans Employment Act. This act declares New York
State to adopt a policy of hiring honorably discharged veterans for
temporary appointments in state agencies rather than utilizing
temporary employment service companies in order to provide employment
opportunities for returning military veterans. The Department of Civil
Service shall establish and maintain a veteran temporary hiring list,
for use by state agencies in the implementation of this article. The
president of the Civil Service Commission shall promulgate such rules
and regulations as shall be necessary to implement the provisions of
this article.

Section 2 is the effective date.

JUSTIFICATION:

Statistics in 2012 depict the unemployment rate for veterans who
served in Iraq and Afghanistan stands at nearly 11%. The rate is
several percentage points lower for veterans who served in the
National Guard or Reserves, meaning that former active duty veterans
are bearing the brunt of the unemployment crisis. In addition, nearly
28 percent of Gulf War-era II veterans have a service connected
disability, making it even more difficult for them to find full-time,
permanent work. Despite this, New York is in a position to help
alleviate this crisis. In the 2013-14 FY Budget, the State implemented
the 'Hire a Vet' tax credit to encourage businesses to hire military
veterans. By enacting this legislation, the State can also take part
in getting veterans back to work upon being discharged from service at
no additional cost to taxpayers. The State continuously uses temporary
employees to supplement the State workforce. Temporary workers can be
used to cover an employee's maternity leave, vacation time, or
extended sick leave. Data released by the NYS Comptroller has shown
that the State spends tens of millions of dollars on contracts with
temporary employment firms annually. This legislation will divert a
portion of this money directly to honorably discharged veterans who
are currently unable to find work. This bill is revenue neutral. This
legislation does not force the State to hire any additional employees.
Rather, it only requires that they use any qualified veteran on a list
prior to going to a third-party temporary hiring. company. This
legislation ensures that we honor the brave men and women who fought
for our freedom by giving them the opportunity to work and support
their families when they return from active duty service. Lastly, this
legislation will allow the State to begin succession planning for the
state workforce. A large percentage of state workers will begin to


retire over the next several years. By introducing veterans to public
service, it can allow the state to begin recruiting new employees.
Veterans are already more likely to work in the public sector than the
rest of the population and this will give them a bridge into this
work.

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

To be determined.

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
________________________________________________________________________

                                  5504

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

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 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
THE INTEREST OF THE STATE TO ENSURE THAT RETURNING VETERANS HAVE EMPLOY-
MENT  OPPORTUNITIES  AVAILABLE  UPON  THEIR  SEPARATION  FROM   MILITARY
SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10818-01-3

S. 5504                             2

  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, 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, AIR FORCE, MARINE CORPS, COAST GUARD OR THE
RESERVES THEREOF, 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 ACTIVE DUTY
BY GENERAL OR HONORABLE 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.

Co-Sponsors

view additional co-sponsors

S5504A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7761
Law Section:
Executive Law
Laws Affected:
Add Art 17-A §§369 - 369-e, Exec L

S5504A (ACTIVE) - Bill Texts

view summary

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

view 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.

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                    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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