A3884

Sponsored by:

Assemblyman VINCENT MAZZEO

District 2 (Atlantic)

Assemblyman TIMOTHY J. EUSTACE

District 38 (Bergen and Passaic)

Assemblywoman NANCY J. PINKIN

District 18 (Middlesex)

Assemblywoman PAMELA R. LAMPITT

District 6 (Burlington and Camden)

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

Assemblyman GARY S. SCHAER

District 36 (Bergen and Passaic)

SYNOPSIS

Expands eligibility for veterans civil service preference.

CURRENT VERSION OF TEXT

As introduced.

An Act concerning veterans civil service preference and certain 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. Any individual who does not meet the definition of disabled veteran pursuant to subsection a. of N.J.S.11A:5-1, but does meet the definition of disabled veteran in federal law under 5 U.S.C. s.2108, as may be amended and supplemented, and receives a passing score on an open competitive examination, shall be placed at the top of an employment list immediately after veterans who meet the definition of veteran under N.J.S.11A:5-1.

b. Any individual who does not meet the definition of veteran pursuant to subsection b. of N.J.S.11A:5-1 but does meet the definition of veteran in federal law under 5 U.S.C. s.2108,as may be amended and supplemented, and receives a passing score on an open competitive examination, shall be placed at the top of an employment list immediately after disabled veterans who qualify under subsection a. of this section.

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, 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 expand eligibility for veterans hiring preference in the civil service so that individuals who are eligible for veterans preference in the federal civil service, but are not eligible for preference in the State civil service, would receive State civil service veterans preference. Federally qualified disabled veterans, followed by federally qualified veterans would be listed at the top of an employment list after veterans qualified under current New Jersey law.

New Jersey law requires service in time of war or other emergency to receive the preference. Under this bill, to receive the preference, an individual must meet the eligibility requirements in section 2108 of Title 5, United States Code, as may be amended and supplemented. This means that an individual must have an honorable or general discharge and have served:

-During the period December 7, 1941, to July 1, 1955; or

-For more than 180 consecutive days, any part of which occurred after January 31, 1955, and before October 15, 1976; or

-During the Gulf War from August 2, 1990 through January 2, 1992; or

-In a campaign or expedition for which a campaign medal has been authorized, including El Salvador, Grenada, Haiti, Lebanon, Panama, Somalia, Southwest Asia, Bosnia, and the Global War on Terrorism.

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.

The application of this benefit to 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.