S T A T E O F N E W Y O R K
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4351
2017-2018 Regular Sessions
I N S E N A T E
February 10, 2017
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Introduced by Sen. TEDISCO -- 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 civil service law, in relation to the employment of
veterans with disabilities by municipalities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil service law is amended by adding a new section
55-d to read as follows:
§ 55-D. EMPLOYMENT OF VETERANS WITH DISABILITIES BY MUNICIPALITIES. 1.
BY ENACTMENT OF A LOCAL LAW, ANY COUNTY, CITY, TOWN OR VILLAGE MAY
DETERMINE A NUMBER OF POSITIONS AS DETERMINED BY SUBDIVISION THREE OF
THIS SECTION THAT MAY BE PERFORMED BY DISABLED VETERANS AND VETERANS
WITH DISABILITIES WHO ARE FOUND OTHERWISE QUALIFIED TO PERFORM SATISFAC-
TORILY THE DUTIES OF ANY SUCH POSITION. UPON SUCH DETERMINATION, SUCH
POSITIONS SHALL BE CLASSIFIED IN THE NONCOMPETITIVE CLASS, AND MAY BE
FILLED ONLY BY VETERANS OF THE ARMED FORCES OF THE UNITED STATES WHO
SERVED THEREIN DURING TIME OF WAR, AS DEFINED IN PARAGRAPH (C) OF SUBDI-
VISION ONE OF SECTION EIGHTY-FIVE OF THIS CHAPTER, AND (A) WHO ESTABLISH
BY APPROPRIATE DOCUMENTARY EVIDENCE THAT THEY ARE DISABLED VETERANS, AS
DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION EIGHTY-FIVE OF
THIS CHAPTER, OR (B) BY THOSE VETERANS, AS DEFINED IN PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION EIGHTY-FIVE OF THIS CHAPTER, WHO SHALL HAVE
BEEN CERTIFIED BY THE EMPLOYEE HEALTH SERVICE OF THE DEPARTMENT AS BEING
DISABLED BUT CAPABLE OF PERFORMING THE DUTIES OF SAID POSITIONS. PRIORI-
TY IN CERTIFICATION AND REFERRAL OF BOTH SUCH DISABLED VETERANS AND
CERTIFIED DISABLED BUT CAPABLE VETERANS SHALL BE GIVEN TO THOSE VETERANS
WHO RECEIVED A WOUND IN COMBAT, AS DOCUMENTED BY THE AWARDING OF THE
PURPLE HEART, AS AUTHORIZED BY THE UNITED STATES DEPARTMENT OF DEFENSE,
AND THAT WOUND IS THE CAUSE OF, OR A SUBSTANTIALLY CONTRIBUTING FACTOR
TO, THE DEGREE OF IMPAIRMENT, WHO OTHERWISE MEET THE REQUIREMENTS OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06366-01-7
S. 4351 2
THIS SECTION. THE NUMBER OF VETERANS APPOINTED PURSUANT TO THIS SECTION
SHALL NOT EXCEED THE LIMITS ESTABLISHED BY SUBDIVISION THREE OF THIS
SECTION.
2. THOSE EMPLOYEES HIRED UNDER SUBDIVISION ONE OF THIS SECTION, SHALL
BE AFFORDED THE SAME OPPORTUNITY TO TAKE PROMOTIONAL EXAMINATIONS AS
PROVIDED TO EMPLOYEES IN THE COMPETITIVE CLASS.
3. THE NUMBER OF POSITIONS TO BE CLASSIFIED IN THE NONCOMPETITIVE
CLASS PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE AT THE
DISCRETION OF THE GOVERNING BODY OF THE COUNTY, CITY, TOWN OR VILLAGE
ENACTING SUCH LOCAL LAW, BUT IT SHALL IN NO EVENT EXCEED ONE PERCENT OF
THE POSITIONS WITHIN SUCH COUNTY, CITY, TOWN OR VILLAGE THAT ARE
CURRENTLY CLASSIFIED AS BEING WITHIN THE COMPETITIVE CLASS. IN ALL CASES
A COUNTY, CITY, TOWN OR VILLAGE ENACTING SUCH LOCAL LAW MAY DESIGNATE NO
LESS THAN ONE SUCH POSITION SHOULD IT SO DESIRE.
§ 2. This act shall take effect immediately.