Senate Bill S7405

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7405
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2023
                                ___________
 
 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 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: (1) 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 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; 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08135-01-3
              

 S. 7405                             2
 
   § 2.  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
   § 3. Paragraph (b) of subdivision 1 of section 85 of the civil service
 law, as amended by chapter 608 of the laws of 2021, is amended  to  read
 as follows:
   (b)  The  term  "disabled veteran" means a veteran who is certified by
 the United States veterans' administration or a military  department  as
 entitled  to  receive disability payments upon the certification of such
 veterans' administration or  a  military  department  for  a  disability
 incurred by him or her in the course of his or her service and in exist-
 ence  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. Such disability shall be deemed
 to be in existence  at  the  time  of  application  for  appointment  or
 promotion  or  at  the  time  of  retention,  as the case may be, if the
 certificate of such veterans' administration shall  state  affirmatively
 that  such veteran has been examined by a medical officer of such veter-
 ans' administration on a date within one year  of  either  the  date  of
 filing  application for competitive examination for original appointment
 or promotion or the date of the establishment of the resulting  eligible
 list  or  within  one year of the time of retention, as the case may be;
 that at the time of such examination the disability  described  in  such
 certificate was found to exist; and that such disability is rated at ten
 per centum or more. Such disability shall also be deemed to be in exist-
 ence  at  such  time if the certificate of such veterans' administration
 shall state affirmatively that a permanent stabilized condition of disa-
 bility exists to an extent of ten per centum  or  more,  notwithstanding
 the fact that such veteran has not been examined by a medical officer of
 such  veterans'  administration  within  one  year of either the time of
 application for appointment or promotion or the date of filing  applica-
 tion  for competitive examination for original appointment or promotion,
 or within one year of the time of retention, as the case may be.
   § 4. This act shall take effect  immediately,  provided  that  if  the
 provisions  of  part  PP of chapter 56 of the laws of 2022 shall not yet
 have taken effect on or before such effective date then this  act  shall
 take  effect  on  the  same  date and in the same manner as such part PP
 takes effect.