Bill Text: NJ S1640 | 2018-2019 | Regular Session | Introduced


Bill Title: Expands eligibility for veterans civil service preference; creates additional preference benefits. *

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced) 2018-05-14 - Referred to Senate Budget and Appropriations Committee [S1640 Detail]

Download: New_Jersey-2018-S1640-Introduced.html

SENATE, No. 1640

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 5, 2018

 


 

Sponsored by:

Senator  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

 

 

 

 

SYNOPSIS

     Creates civil service preference for peacetime veterans.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning veterans civil service preference for peacetime veterans and supplementing chapter 5 of Title 11A of the New Jersey Statutes. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  In addition to the veterans preferences provided for in N.J.S.11A:5-1 et seq.:

     (1)   Any individual who does not meet the definition of disabled veteran pursuant to subsection a. of N.J.S.11A:5-1 but was separated from federal active duty in the Armed Forces of the United States under conditions other than dishonorable and (a) received a service-connected injury or (b) is receiving disability benefits or disability retirement benefits under laws administered by the United States Department of Veterans Affairs, or its successor agency, shall be entitled to ten additional points above the individual's earned score if the individual receives a passing score on an open competitive examination taken after the effective date of P.L.       , c.        (C.        ) (pending before the Legislature as this bill).

     (2)   Any individual who does not meet the definition of veteran pursuant to subsection b. of N.J.S.11A:5-1 but was separated from the Armed Forces of the United States following at least six months of federal active duty under conditions other than dishonorable shall be entitled to five additional points above the individual's earned score if the individual receives a passing score on an open competitive examination taken after the effective date of P.L.        , c.        (C.          ) (pending before the Legislature as this bill). 

     (3)   In cases when evaluation of education, training, or experience is used in lieu of a written or physical examination, the commission shall refer disabled veterans or veterans who qualify under subsections (1) and (2), respectively, of this section to the employing official under the provisions of N.J.S.11A:5-1 et seq., as long as the veteran or disabled veteran meets the competencies and other requirements for the position. 

     b.    The disabled veterans qualified under subsection (1) of this section, followed by veterans qualified under subsection (2) of this section, shall be placed at the top of the list immediately after veterans who meet the definition of veteran under N.J.S.11A:5-1. 

     c.     At no time shall this section supersede the veterans' preferences provided in N.J.S.11A:5-4 and N.J.S.11A:5-5.

     d.    The Adjutant General of the Department of Military and Veterans' Affairs shall be responsible for determining whether any person seeking to be considered a "disabled veteran" or a "veteran" under this section, P.L.      , c.        (C.         ) (pending before the Legislature as this bill), for the purpose of receiving civil service preference, meets the criteria set forth therein and adjudicating an appeal from any person disputing this determination.  The determination of the Adjutant General shall apply only prospectively from the date of initial determination or date of determination from an appeal, as appropriate, and shall be binding upon the commission.

 

     2.    This act shall take effect six months from the date of enactment or six months after approval of a Constitutional Amendment and shall apply to examinations taken after that date, except the Civil Service Commission and the Department of Military and Veterans Affairs may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.  This act shall only apply if an amendment to the State constitution is approved by the voters to permit such veterans to receive the benefit. 

 

 

STATEMENT

 

     This bill would provide veterans who served at least six months of federal active duty, and disabled veterans, and who do not meet the definition of veteran under New Jersey law, but were separated from the Armed Forces of the United States under conditions other than dishonorable, an additional five points and ten points, respectively, above the individual's earned score on State civil service examinations.  The definition of veteran under current New Jersey law requires service during a time of war or emergency in order to qualify for civil service preference. 

     Under the bill, if evaluation of education, training, or experience is used in lieu of a written or physical examination, the Civil Service Commission will refer the eligible veteran or disabled veteran to the employing official as long as the individual meets the competencies and other requirements for the position.  The disabled veterans qualified by this bill, followed by veterans qualified by this bill, will be placed at the top of the list immediately after veterans who meet the definition of veteran under current New Jersey law. 

     The Adjutant General of the Department of Military and Veterans' Affairs will be responsible for determining whether any person seeking to be considered a disabled veteran or a veteran under this bill meets the criteria and will adjudicate an appeal from any person disputing this determination. 

     These changes do not supersede current law concerning civil service preference provided to disabled veterans and veterans. 

     This new benefit for veterans and disabled veterans who did not serve in a time of war would apply only if an amendment to the State constitution is approved by the voters to permit such veterans to receive the benefit.

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