A06416 Summary:

BILL NOA06416A
 
SAME ASSAME AS S05877-A
 
SPONSORAbbate
 
COSPNSRColton, Sepulveda, McDonald, Ortiz, Wallace
 
MLTSPNSR
 
Amd §85, Civ Serv L
 
Relates to veterans' credits for civil service appointments and promotions; removes the time of war requirement for veterans to qualify for additional credit.
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A06416 Actions:

BILL NOA06416A
 
03/07/2017referred to governmental employees
05/05/2017amend and recommit to governmental employees
05/05/2017print number 6416a
05/23/2017reported
05/25/2017advanced to third reading cal.538
06/06/2017passed assembly
06/06/2017delivered to senate
06/06/2017REFERRED TO RULES
01/03/2018DIED IN SENATE
01/03/2018RETURNED TO ASSEMBLY
01/03/2018ordered to third reading cal.460
05/01/2018passed assembly
05/01/2018delivered to senate
05/01/2018REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
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A06416 Committee Votes:

GOVERNMENTAL EMPLOYEES Chair:Abbate DATE:05/23/2017AYE/NAY:14/0 Action: Favorable
AbbateAyeMalliotakisAye
AubryAyeJohnsAye
ColtonAyePalumboAye
CusickAyeCrouchAye
ZebrowskiAye
DenDekkerAye
SantabarbaraAye
BrindisiAye
D'UrsoAye
Pheffer AmatoAye

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A06416 Floor Votes:

DATE:06/06/2017Assembly Vote  YEA/NAY: 143/0
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
Yes
O'Donnell
Yes
Sepulveda
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simanowitz
Yes
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simon
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Simotas
Yes
Barclay
ER
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skartados
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
ER
Skoufis
Yes
Barrett
Yes
DenDekker
Yes
Hevesi
Yes
Malliotakis
Yes
Pellegrino
Yes
Solages
Yes
Barron
ER
Dickens
Yes
Hikind
Yes
Mayer
Yes
Peoples-Stokes
Yes
Stec
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Perry
Yes
Steck
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pheffer Amato
Yes
Stirpe
ER
Blake
Yes
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pichardo
Yes
Thiele
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Pretlow
Yes
Titone
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Quart
Yes
Titus
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Ra
Yes
Vanel
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Raia
Yes
Walker
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Ramos
Yes
Wallace
Yes
Buchwald
Yes
Finch
Yes
Joyner
Yes
Morelle
Yes
Richardson
Yes
Walsh
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rivera
Yes
Walter
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
Yes
Rodriguez
Yes
Weinstein
Yes
Cahill
Yes
Galef
ER
Kim
Yes
Moya
Yes
Rosenthal
Yes
Weprin
Yes
Carroll
ER
Gantt
Yes
Kolb
Yes
Murray
Yes
Rozic
Yes
Williams
Yes
Castorina
Yes
Garbarino
Yes
Lalor
Yes
Niou
Yes
Ryan
Yes
Woerner
ER
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Cook
Yes
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Schimminger
Yes
Zebrowski
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
DATE:05/01/2018Assembly Vote  YEA/NAY: 139/1
Yes
Abbate
Yes
Crespo
Yes
Giglio
Yes
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Abinanti
Yes
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Arroyo
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Taylor
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Thiele
Yes
Barnwell
Yes
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Titone
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titus
No
Barron
Yes
DenDekker
Yes
Hikind
Yes
Miller MG
Yes
Raia
Yes
Vanel
Yes
Benedetto
Yes
Dickens
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Walker
Yes
Bichotte
Yes
Dilan
Yes
Hunter
ER
Montesano
Yes
Richardson
Yes
Wallace
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Walsh
Yes
Blankenbush
Yes
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walter
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Weinstein
Yes
Brabenec
Yes
Englebright
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weprin
Yes
Braunstein
Yes
Epstein
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Williams
Yes
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Woerner
Yes
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Wright
Yes
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Zebrowski
Yes
Butler
Yes
Fernandez
ER
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Mr. Speaker
Yes
Byrne
Yes
Finch
Yes
Lalor
Yes
Ortiz
Yes
Simon
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
Yes
Lawrence
ER
Palmesano
Yes
Skoufis
Yes
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
Yes
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec

‡ Indicates voting via videoconference
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A06416 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6416--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 7, 2017
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on  Governmental  Employees  --  committee  discharged,  bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the civil service law, in relation to veterans'  credits
          for civil service appointments and promotions

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 85 of the civil  service  law,  as
     2  added  by  chapter  790 of the laws of 1958, paragraph (a) as amended by
     3  chapter 333 of the laws of 1993, paragraph (b) as amended by chapter 661
     4  of the laws of 1983, subparagraph 2 of paragraph (b) as amended by chap-
     5  ter 616 of the laws of 1995, subparagraph 3 of paragraph (b)  and  para-
     6  graph (c) as amended by chapter 467 of the laws of 1991 and subparagraph
     7  4  of  paragraph  (c)  as amended by chapter 179 of the laws of 2006, is
     8  amended to read as follows:
     9    1. Definitions. (a) The terms  "veteran"  and  "non-disabled  veteran"
    10  mean a member of the armed forces of the United States [who served ther-
    11  ein  in  time  of  war,]  who was honorably discharged or released under
    12  honorable circumstances from such service,  who  is  a  citizen  of  the
    13  United  States  or an alien lawfully admitted for permanent residence in
    14  the United States and who is a resident of the state of New York at  the
    15  time  of  application  for  appointment  or  promotion or at the time of
    16  retention, as the case may be.
    17    (b) The term "disabled veteran" means a veteran who  is  certified  by
    18  the  United  States veterans' administration or a military department as
    19  entitled to receive disability payments upon the certification  of  such
    20  veterans'  administration  or  a  military  department  for a disability
    21  incurred by him or her in [time of war] the course of his or her service
    22  and in existence at the time of application for appointment or promotion
    23  or at the time of retention, as the case may be. Such  disability  shall
    24  be  deemed to be in existence at the time of application for appointment
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09469-02-7

        A. 6416--A                          2
 
     1  or promotion or at the time of retention, as the case  may  be,  if  the
     2  certificate  of  such veterans' administration shall state affirmatively
     3  that such veteran has been examined by a medical officer of such  veter-
     4  ans'  administration  on  a  date  within one year of either the date of
     5  filing application for competitive examination for original  appointment
     6  or  promotion or the date of the establishment of the resulting eligible
     7  list or within one year of the time of retention, as the  case  may  be;
     8  that  at  the  time  of  such  examination the [war-incurred] disability
     9  described in such certificate was found to exist; and that such disabil-
    10  ity is rated at ten per centum or more. Such disability  shall  also  be
    11  deemed to be in existence at such time if the certificate of such veter-
    12  ans'  administration  shall  state affirmatively that a permanent stabi-
    13  lized condition of disability exists to an extent of ten per  centum  or
    14  more,  notwithstanding  the fact that such veteran has not been examined
    15  by a medical officer of such veterans' administration within one year of
    16  either the time of application for appointment or promotion or the  date
    17  of  filing application for competitive examination for original appoint-
    18  ment or promotion, or within one year of the time of retention,  as  the
    19  case may be. [The term "disabled veteran" shall also mean:
    20    (1) A veteran who served in world war I, who continued to serve in the
    21  armed  forces  of  the United States after the eleventh day of November,
    22  nineteen  hundred  eighteen,  and  who  is  certified,  as  hereinbefore
    23  provided,  by  the  United  States veterans' administration as receiving
    24  disability payments upon the certification of  such  veterans'  adminis-
    25  tration  for  a  disability incurred by him in such service on or before
    26  the second day of July, nineteen hundred twenty-one.
    27    (2) A veteran who served in world war II, who continued  to  serve  in
    28  the armed forces of the United States after the second day of September,
    29  nineteen  hundred  forty-five,  or  who was employed by the War Shipping
    30  Administration or Office of Defense Transportation or their agents as  a
    31  merchant  seaman  documented by the United States Coast Guard or Depart-
    32  ment of Commerce, or as a civil servant employed by  the  United  States
    33  Army  Transport  Service  (later  redesignated as the United States Army
    34  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    35  Service; and who served satisfactorily as a crew member during the peri-
    36  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    37  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    38  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    39  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    40  to include "near foreign" voyages between the United States and  Canada,
    41  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    42  going  service  or  foreign waters and who has received a Certificate of
    43  Release or Discharge from Active Duty and a discharge certificate, or an
    44  Honorable Service Certificate/Report of Casualty, from the Department of
    45  Defense, or who served as a United States civilian employed by the Amer-
    46  ican Field Service and served overseas under United  States  Armies  and
    47  United  States  Army  Groups  in world war II during the period of armed
    48  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    49  eighth,  nineteen hundred forty-five, and who was discharged or released
    50  therefrom under honorable conditions, or who served as a  United  States
    51  civilian  Flight Crew and Aviation Ground Support Employee of Pan Ameri-
    52  can World Airways or one of  its  subsidiaries  or  its  affiliates  and
    53  served  overseas  as a result of Pan American's contract with Air Trans-
    54  port Command or Naval Air Transport Service during the period  of  armed
    55  conflict, December fourteenth, nineteen hundred forty-one through August
    56  fourteenth,  nineteen  hundred  forty-five,  and  who  was discharged or

        A. 6416--A                          3

     1  released therefrom under honorable conditions, and who is certified,  as
     2  hereinbefore  provided, by the United States veterans' administration as
     3  receiving disability payments upon the certification of  such  veterans'
     4  administration  for  a  disability incurred by him in such service on or
     5  before the date that world war II is declared terminated.
     6    (3) A veteran who served during hostilities  participated  in  by  the
     7  military  forces of the United States subsequent to June twenty-seventh,
     8  nineteen hundred fifty, and who continued to serve in the  armed  forces
     9  of  the  United  States  after the thirty-first day of January, nineteen
    10  hundred fifty-five, and who is certified, as hereinbefore  provided,  by
    11  the  United  States  veterans'  administration  as  receiving disability
    12  payments upon the certification of such veterans' administration  for  a
    13  disability incurred by him in such service.
    14    (c)  The  term  "time  of  war"  shall  include the following wars and
    15  hostilities for the periods and  based  upon  the  evidence  herein  set
    16  forth:
    17    (1)  World war I, from the sixth day of April, nineteen hundred seven-
    18  teen, to and including the eleventh day of  November,  nineteen  hundred
    19  eighteen.
    20    (2)  World  war II, from the seventh day of December, nineteen hundred
    21  forty-one, to and including the thirty-first day of  December,  nineteen
    22  hundred forty-six.
    23    (3)  Hostilities  participated in by the military forces of the United
    24  States, from the twenty-seventh day of June, nineteen hundred fifty,  to
    25  and  including  the thirty-first day of January, nineteen hundred fifty-
    26  five.
    27    (4) Hostilities participated in by the military forces of  the  United
    28  States,  from the twenty-eighth day of February, nineteen hundred sixty-
    29  one to the seventh day of May, nineteen hundred seventy-five.
    30    (5) Hostilities participated in by the military forces of  the  United
    31  States  in Lebanon, from the first day of June, nineteen hundred eighty-
    32  three to the first day of December, nineteen  hundred  eighty-seven,  as
    33  established by receipt of the armed forces expeditionary medal, the navy
    34  expeditionary medal, or the marine corps expeditionary medal.
    35    (6)  Hostilities  participated in by the military forces of the United
    36  States in Grenada,  from  the  twenty-third  day  of  October,  nineteen
    37  hundred  eighty-three  to  the  twenty-first  day  of November, nineteen
    38  hundred eighty-three, as established by  receipt  of  the  armed  forces
    39  expeditionary  medal,  the navy expeditionary medal, or the marine corps
    40  expeditionary medal.
    41    (7) Hostilities participated in by the military forces of  the  United
    42  States  in  Panama, from the twentieth day of December, nineteen hundred
    43  eighty-nine to the thirty-first day of January, nineteen hundred ninety,
    44  as established by receipt of the armed forces expeditionary  medal,  the
    45  navy expeditionary medal, or the marine corps expeditionary medal.
    46    (8)  Hostilities  participated in by the military forces of the United
    47  States in the Persian Gulf, from the  second  day  of  August,  nineteen
    48  hundred ninety to the end of such hostilities.
    49    (d)]  (c)  The  term  "time of application for original appointment or
    50  promotion" shall mean the date of the establishment of an eligible  list
    51  resulting  from  a  competitive  examination for original appointment or
    52  promotion, as the case may be, which date shall be the date on which the
    53  term of such eligible list commences.
    54    [(e)] (d) The term "time of retention" shall mean the time  of  aboli-
    55  tion or elimination of positions.

        A. 6416--A                          4
 
     1    §  2.  This  act shall take effect immediately, provided however, such
     2  additional point  shall  only  apply  to  competitive  examinations  for
     3  original  appointment and for promotion created after the effective date
     4  of this act.
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