Senate Bill S8104

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8104
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  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.
   § 2. Paragraph (a) of subdivision 1 of section 85 of the civil service
 law, as amended by chapter 490 of the laws of 2019, is amended  to  read
 as follows:
   (a)  (1)  The terms "veteran" and "non-disabled veteran" mean a member
 of the armed forces of the United States who served therein in  time  of
 war,  who  was  honorably discharged or released under honorable circum-
 stances from such service including (i) having a qualifying condition as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07473-03-0

 S. 8104                             2
 
 defined in section three hundred fifty of the executive law, and receiv-
 ing a discharge  other  than  bad  conduct  or  dishonorable  from  such
 service,  or (ii) being a discharged LGBT veteran, as defined in section
 three  hundred  fifty  of  the  executive law, and receiving a discharge
 other than bad conduct or dishonorable from such service, who is a citi-
 zen 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.
   §  3.   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
   § 4. 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.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments  made to paragraph (a) of subdivision 1 of section 85 of
 the civil service law by section two of this act shall  take  effect  on
 the same date and same manner as section 4 of chapter 490 of the laws of
 2019, takes effect.