Bill Text: NY A07761 | 2013-2014 | General Assembly | Introduced


Bill Title: Enacts the "veterans employment act" to grant veterans the right to temporary appointments by state agencies, rather than using temporary employment service companies.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Introduced - Dead) 2013-06-18 - substituted by s5504a [A07761 Detail]

Download: New_York-2013-A07761-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7761
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 3, 2013
                                      ___________
       Introduced  by  M.  of  A.  BENEDETTO,  HAWLEY, FARRELL -- read once and
         referred to the Committee on Veterans' Affairs
       AN ACT to amend the executive law, in relation to enacting the "veterans
         employment act"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The executive law is amended by adding a new article 17-A
    2  to read as follows:
    3                                ARTICLE 17-A
    4                           VETERANS EMPLOYMENT ACT
    5  SECTION 369. SHORT TITLE.
    6          369-A. LEGISLATIVE FINDINGS.
    7          369-B. DEFINITIONS.
    8          369-C. TEMPORARY HIRING.
    9          369-D. DEPARTMENT OF CIVIL SERVICE RESPONSIBILITIES.
   10          369-E. REGULATIONS.
   11    S 369. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
   12  THE "VETERANS EMPLOYMENT ACT".
   13    S 369-A. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS THAT IT IS
   14  ESTIMATED  THAT  OVER  THE NEXT FIVE YEARS, FORTY-FOUR THOUSAND VETERANS
   15  ARE EXPECTED TO RETURN TO THIS STATE FROM THEIR MILITARY  POSTS,  MAKING
   16  THE  EMPIRE  STATE HOME TO ONE OF THE LARGEST VETERAN POPULATIONS IN THE
   17  COUNTRY. SHOCKINGLY, THE UNEMPLOYMENT RATE FOR POST-9/11 VETERANS IN NEW
   18  YORK WAS 10.7% IN TWO THOUSAND TWELVE, WHICH IS NEARLY ONE PERCENT HIGH-
   19  ER THAN THE NATIONAL AVERAGE AND HIGHER THAN THE  STATE'S  OVERALL  8.2%
   20  UNEMPLOYMENT  RATE.  THE  LEGISLATURE HAS FOUND PREVIOUSLY THAT IT IS IN
   21  THE INTEREST OF THE STATE TO ENSURE THAT RETURNING VETERANS HAVE EMPLOY-
   22  MENT  OPPORTUNITIES  AVAILABLE  UPON  THEIR  SEPARATION  FROM   MILITARY
   23  SERVICE.
   24    THE  STATE  ALREADY  ENCOURAGES  PRIVATE  BUSINESSES  TO HIRE MILITARY
   25  VETERANS THROUGH TAX CREDITS AND OTHER ECONOMIC INCENTIVES. IN ADDITION,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10818-03-3
       A. 7761                             2
    1  THE LEGISLATURE HAS PREVIOUSLY FOUND THAT STATE AGENCIES SPEND  MILLIONS
    2  OF  DOLLARS  ANNUALLY ON TEMPORARY STAFF HIRED FROM TEMPORARY EMPLOYMENT
    3  SERVICE COMPANIES TO COVER TEMPORARY  STAFFING  NEEDS.  THESE  TEMPORARY
    4  STATE  JOBS  COULD  SERVE  AS  A BRIDGE FOR RECENTLY DISCHARGED MILITARY
    5  VETERANS WHO HAVE YET TO FIND FULL-TIME  PERMANENT  WORK.  IN  ADDITION,
    6  THESE  TEMPORARY  ASSIGNMENTS COULD SERVE TO DEVELOP THE NEXT GENERATION
    7  OF THE STATE WORKFORCE AND HELP WITH SUCCESSION PLANNING FOR THE CURRENT
    8  WORKFORCE.
    9    THE LEGISLATURE DECLARES IT TO BE THE POLICY  OF  THIS  STATE  TO  USE
   10  HONORABLY  DISCHARGED VETERANS FOR TEMPORARY APPOINTMENTS IN STATE AGEN-
   11  CIES RATHER THAN UTILIZING TEMPORARY  EMPLOYMENT  SERVICE  COMPANIES  IN
   12  ORDER  TO PROVIDE EMPLOYMENT OPPORTUNITIES FOR RETURNING MILITARY VETER-
   13  ANS.
   14    S 369-B. DEFINITIONS. AS USED IN THIS ARTICLE:
   15    1. "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, BOARD, BUREAU,  DIVISION,
   16  COMMISSION,  COUNCIL OR COMMITTEE WITHIN THE EXECUTIVE BRANCH, THE STATE
   17  UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, AND ALL  PUBLIC
   18  AUTHORITIES UNDER THE CONTROL OF THE EXECUTIVE BRANCH.
   19    2.  "TEMPORARY APPOINTMENT" SHALL HAVE THE SAME MEANING AS PROVIDED IN
   20  SECTION SIXTY-FOUR OF THE CIVIL SERVICE LAW.
   21    3. "VETERAN" SHALL MEAN AN INDIVIDUAL WHO SERVED ON ACTIVE DUTY IN THE
   22  UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE, COAST  GUARD  OR  THE
   23  RESERVES  COMPONENT,  OR  WHO  SERVED  IN ACTIVE MILITARY SERVICE OF THE
   24  UNITED STATES AS A MEMBER OF  THE  ARMY  NATIONAL  GUARD,  AIR  NATIONAL
   25  GUARD,  NEW  YORK GUARD OR NEW YORK NAVAL MILITIA, WHO WAS RELEASED FROM
   26  SUCH SERVICE OTHERWISE THEN BY DISHONORABLE  DISCHARGE  AFTER  SEPTEMBER
   27  ELEVENTH, TWO THOUSAND ONE.
   28    4. "VETERAN TEMPORARY HIRING LIST" SHALL MEAN A HIRING LIST MAINTAINED
   29  BY THE DEPARTMENT OF CIVIL SERVICE.
   30    S 369-C. TEMPORARY HIRING. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
   31  CONTRARY,  A STATE AGENCY SHALL SELECT A VETERAN FROM THE VETERAN TEMPO-
   32  RARY HIRING LIST WHEN  MAKING  A  TEMPORARY  APPOINTMENT  PROVIDED  SUCH
   33  VETERAN POSSESSES THE APPLICABLE SKILLS NEEDED FOR THE TEMPORARY ASSIGN-
   34  MENT.
   35    S 369-D. DEPARTMENT OF CIVIL SERVICES RESPONSIBILITIES. THE DEPARTMENT
   36  OF CIVIL SERVICE SHALL:
   37    1.  ESTABLISH AND MAINTAIN A VETERAN TEMPORARY HIRING LIST, FOR USE BY
   38  STATE AGENCIES IN THE IMPLEMENTATION OF THIS ARTICLE;
   39    2. ASSIST STATE AGENCIES BY MAKING AVAILABLE SERVICES OF  THE  DEPART-
   40  MENT OF CIVIL SERVICE TO FACILITATE THE PROVISIONS OF THIS ARTICLE; AND
   41    3.  ESTABLISH AND MAINTAIN, TOGETHER WITH THE DIRECTOR OF THE DIVISION
   42  OF VETERANS' AFFAIRS, A PROGRAM TO EDUCATE SEPARATING SERVICE MEMBERS AS
   43  TO THE BENEFITS AVAILABLE TO VETERANS UNDER THIS ARTICLE.
   44    S 369-E. REGULATIONS. THE PRESIDENT OF THE STATE CIVIL SERVICE COMMIS-
   45  SION SHALL PROMULGATE SUCH RULES AND REGULATIONS AS SHALL  BE  NECESSARY
   46  TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
   47    S 2. This act shall take effect immediately.
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