New York Senate Bill S07405 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 7405 2023-2024 Regular Sessions  IN SENATE 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: 1 Section 1. Paragraph (a) of subdivision 1 of section 85 of the civil 2 service law, as separately amended by section 37 of part PP of chapter 3 56 and chapter 669 of the laws of 2022, is amended to read as follows: 4 (a) The terms "veteran" and "non-disabled veteran" mean: (1) a member 5 of the armed forces of the United States who was honorably discharged or 6 released under honorable circumstances from such service including (i) 7 having a qualifying condition as defined in section one of the veterans' 8 services law, and receiving a discharge other than bad conduct or 9 dishonorable from such service, or (ii) being a discharged LGBT veteran, 10 as defined in section one of the veterans' services law, and receiving a 11 discharge other than bad conduct or dishonorable from such service, who 12 is a citizen of the United States or a noncitizen lawfully admitted for 13 permanent residence in the United States and who is a resident of the 14 state of New York at the time of application for appointment or 15 promotion or at the time of retention, as the case may be; or 16 (2) a member of the armed forces of the United States who was honor- 17 ably discharged or released under honorable circumstances from such 18 service, who is a citizen of the United States or an alien lawfully 19 admitted for permanent residence in the United States, who is a resident 20 of the state of New York at the time of application for appointment or 21 promotion or at the time of retention, as the case may be, and who was 22 awarded either a: (i) Combat Action Ribbon, (ii) Combat Infantryman 23 Badge, (iii) Combat Medical Badge, (iv) Combat Action Badge, (v) Combat 24 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 1 § 2. Subparagraph 1 of paragraph (a) of subdivision 2 of section 85 2 of the civil service law, as added by chapter 790 of the laws of 1958, 3 is amended to read as follows: 4 (1) Disabled veterans shall be entitled to receive ten points addi- 5 tional credit in a competitive examination for original appointment and 6 five points additional credit in a competitive examination for 7 promotion, and 8 § 3. Paragraph (b) of subdivision 1 of section 85 of the civil service 9 law, as amended by chapter 608 of the laws of 2021, is amended to read 10 as follows: 11 (b) The term "disabled veteran" means a veteran who is certified by 12 the United States veterans' administration or a military department as 13 entitled to receive disability payments upon the certification of such 14 veterans' administration or a military department for a disability 15 incurred by him or her in the course of his or her service and in exist- 16 ence at the time of application for appointment or promotion or at the 17 time of retention, as the case may be and who was awarded either a: (i) 18 Combat Action Ribbon, (ii) Combat Infantryman Badge, (iii) Combat 19 Medical Badge, (iv) Combat Action Badge, (v) Combat Recognition Ribbon, 20 or (vi) Air Force Combat Action medal. Such disability shall be deemed 21 to be in existence at the time of application for appointment or 22 promotion or at the time of retention, as the case may be, if the 23 certificate of such veterans' administration shall state affirmatively 24 that such veteran has been examined by a medical officer of such veter- 25 ans' administration on a date within one year of either the date of 26 filing application for competitive examination for original appointment 27 or promotion or the date of the establishment of the resulting eligible 28 list or within one year of the time of retention, as the case may be; 29 that at the time of such examination the disability described in such 30 certificate was found to exist; and that such disability is rated at ten 31 per centum or more. Such disability shall also be deemed to be in exist- 32 ence at such time if the certificate of such veterans' administration 33 shall state affirmatively that a permanent stabilized condition of disa- 34 bility exists to an extent of ten per centum or more, notwithstanding 35 the fact that such veteran has not been examined by a medical officer of 36 such veterans' administration within one year of either the time of 37 application for appointment or promotion or the date of filing applica- 38 tion for competitive examination for original appointment or promotion, 39 or within one year of the time of retention, as the case may be. 40 § 4. This act shall take effect immediately, provided that if the 41 provisions of part PP of chapter 56 of the laws of 2022 shall not yet 42 have taken effect on or before such effective date then this act shall 43 take effect on the same date and in the same manner as such part PP 44 takes effect.