S T A T E O F N E W Y O R K
________________________________________________________________________
5451
2023-2024 Regular Sessions
I N A S S E M B L Y
March 10, 2023
___________
Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, in relation to additional credit
allowed veterans in competitive examinations; preference in retention
upon abolition of positions
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 669 of the laws of 2022, is amended
to read as follows:
(a) The terms "veteran" and "non-disabled veteran" mean a member of
the armed forces of the United States who was honorably discharged or
released under honorable circumstances from such service including (i)
having a qualifying condition as defined in section three hundred fifty
of the executive law, and receiving 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 citizen of the United States or a noncitizen
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. THE TERMS "VETERAN" AND "NON-DISABLED VETERAN" SHALL ALSO MEAN THE
SPOUSE AND/OR CHILDREN OF A MEMBER OF THE ARMED FORCES OF THE UNITED
STATES WHO SERVED THEREIN IN TIME OF WAR AND WAS SUBSEQUENTLY KILLED IN
THE LINE OF DUTY.
§ 2. Paragraph (a) of subdivision 1 of section 85 of the civil
service law, as separately amended by section 37 of part PP of chapter
56 and chapter 669 of the laws of 2022, is amended to read as follows:
(a) The terms "veteran" and "non-disabled veteran" mean a member of
the armed forces of the United States who was honorably discharged or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08887-01-3
A. 5451 2
released under honorable circumstances from such service including (i)
having a qualifying condition as defined in section one of the veterans'
services law, and receiving a discharge other than bad conduct or
dishonorable from such service, or (ii) being a discharged LGBT veteran,
as defined in section one of the veterans' services law, and receiving a
discharge other than bad conduct or dishonorable from such service, who
is a citizen of the United States or a noncitizen 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. THE TERMS
"VETERAN" AND "NON-DISABLED VETERAN" SHALL ALSO MEAN THE SPOUSE AND/OR
CHILDREN OF A MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO SERVED
THEREIN IN TIME OF WAR AND WAS SUBSEQUENTLY KILLED IN THE LINE OF DUTY.
§ 3. This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the same date and in the
same manner as section 37 of part PP of section 56 of the laws of 2022,
takes effect.