S T A T E O F N E W Y O R K
________________________________________________________________________
2203
2023-2024 Regular Sessions
I N S E N A T E
January 19, 2023
___________
Introduced by Sen. ORTT -- 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 veterans' services law, in relation to permitting
private employers to adopt a veterans' preference employment policy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The veterans' services law is amended by adding a new
section 36 to read as follows:
§ 36. PRIVATE EMPLOYERS VETERANS' PREFERENCE POLICY. 1. AS USED IN
THIS SECTION:
A. "PRIVATE EMPLOYER" SHALL MEAN A CORPORATION, PARTNERSHIP, LIMITED
LIABILITY COMPANY, NOT-FOR-PROFIT CORPORATION OR OTHER PRIVATE ENTITY
WITH ONE OR MORE EMPLOYEES AND EXCLUDES THE STATE, A MUNICIPALITY, COUN-
TY OR SCHOOL DISTRICT.
B. "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, AND MEETS ONE OR MORE
OF THE FOLLOWING:
(I) SERVED ON ACTIVE DUTY FOR A PERIOD OF MORE THAN ONE HUNDRED EIGHTY
DAYS AND WAS DISCHARGED OR RELEASED FROM ACTIVE DUTY WITH OTHER THAN A
DISHONORABLE DISCHARGE.
(II) WAS DISCHARGED OR RELEASED BECAUSE OF A SERVICE CONNECTED DISA-
BILITY.
(III) WAS DISCHARGED OR RELEASED FROM DUTY WITH OTHER THAN A DISHONOR-
ABLE DISCHARGE FROM SERVICE UNDER AN ORDER TO ACTIVE DUTY, EXCLUDING
ACTIVE DUTY FOR TRAINING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06765-01-3
S. 2203 2
C. "VETERANS' PREFERENCE EMPLOYMENT POLICY" SHALL MEAN A PRIVATE
EMPLOYER'S VOLUNTARY PREFERENCE FOR HIRING, PROMOTING, OR RETAINING A
VETERAN OVER ANOTHER EQUALLY QUALIFIED APPLICANT OR EMPLOYEE.
2. A PRIVATE EMPLOYER MAY ADOPT AND APPLY A VOLUNTARY VETERANS' PREF-
ERENCE EMPLOYMENT POLICY.
3. A VETERANS' PREFERENCE EMPLOYMENT POLICY SHALL BE IN WRITING AND
SHALL BE APPLIED UNIFORMLY TO EMPLOYMENT DECISIONS REGARDING THE HIRING
OR PROMOTION OF VETERANS OR THE RETENTION OF VETERANS DURING A REDUCTION
IN THE WORKFORCE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided however that if part PP of chapter
56 of the laws of 2022 shall not yet have taken effect on or before such
date then this act shall take effect on the same date and in the same
manner as such part takes effect.