Relates to additional credit allowed veterans in competitive examinations; expands the definition of "veteran" and "non-disabled veteran" to include 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.
STATE OF NEW YORK
________________________________________________________________________
5451
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Paragraph (a) of subdivision 1 of section 85 of the civil
2 service law, as amended by chapter 669 of the laws of 2022, is amended
3 to read as follows:
4 (a) The terms "veteran" and "non-disabled veteran" mean a member of
5 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 three hundred fifty
8 of the executive law, and receiving a discharge other than bad conduct
9 or dishonorable from such service, or (ii) being a discharged LGBT
10 veteran, as defined in section three hundred fifty of the executive law,
11 and receiving a discharge other than bad conduct or dishonorable from
12 such service, who is a citizen of the United States or a noncitizen
13 lawfully admitted for permanent residence in the United States and who
14 is a resident of the state of New York at the time of application for
15 appointment or promotion or at the time of retention, as the case may
16 be. The terms "veteran" and "non-disabled veteran" shall also mean the
17 spouse and/or children of a member of the armed forces of the United
18 States who served therein in time of war and was subsequently killed in
19 the line of duty.
20 § 2. Paragraph (a) of subdivision 1 of section 85 of the civil
21 service law, as separately amended by section 37 of part PP of chapter
22 56 and chapter 669 of the laws of 2022, is amended to read as follows:
23 (a) The terms "veteran" and "non-disabled veteran" mean a member of
24 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
1 released under honorable circumstances from such service including (i)
2 having a qualifying condition as defined in section one of the veterans'
3 services law, and receiving a discharge other than bad conduct or
4 dishonorable from such service, or (ii) being a discharged LGBT veteran,
5 as defined in section one of the veterans' services law, and receiving a
6 discharge other than bad conduct or dishonorable from such service, who
7 is a citizen of the United States or a noncitizen lawfully admitted for
8 permanent residence in the United States and who is a resident of the
9 state of New York at the time of application for appointment or
10 promotion or at the time of retention, as the case may be. The terms
11 "veteran" and "non-disabled veteran" shall also mean the spouse and/or
12 children of a member of the armed forces of the United States who served
13 therein in time of war and was subsequently killed in the line of duty.
14 § 3. This act shall take effect immediately; provided, however, that
15 section two of this act shall take effect on the same date and in the
16 same manner as section 37 of part PP of section 56 of the laws of 2022,
17 takes effect.
