ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

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1 ASSEMBLY, No. 00 STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Assemblyman KEVIN J. ROONEY District 0 (Bergen, Essex, Morris and Passaic) Assemblyman PARKER SPACE District (Morris, Sussex and Warren) Co-Sponsored by: Assemblyman Harold J. Wirths SYNOPSIS Allows veteran to establish veterans preference retroactively for civil service employment list. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel. (Sponsorship Updated As Of: //0)

2 AN ACT concerning veteran status for civil service preference and amending N.J.S.A:- and P.L.000, c.. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. N.J.S.A:- is amended to read as follows: A:-. As used in this chapter: a. "Disabled veteran" means any veteran who is eligible to be compensated for a service-connected disability from war service by the United States Veterans Administration or who receives or is entitled to receive equivalent compensation for a service-connected disability which arises out of military or naval service as set forth in this chapter and who has submitted sufficient evidence of the record of disability incurred in the line of duty to the Adjutant General of the Department of Military and Veterans' Affairs and received a determination of status no later than eight days prior to the issuance of an employment list, for which that individual received a passing score on an examination; except as provided in section of P.L.000, c. (C.A:-.); b. "Veteran" means any honorably discharged soldier, sailor, marine or nurse who served in any army or navy of the allies of the United States in World War I, between July, and November,, or who served in any army or navy of the allies of the United States in World War II, between September, and September, and who was inducted into that service through voluntary enlistment, and was a citizen of the United States at the time of the enlistment, and who did not renounce or lose his or her United States citizenship; or any soldier, sailor, marine, airman, nurse or army field clerk, who has served in the active military or naval service of the United States and has been discharged or released under other than dishonorable conditions from that service in any of the following wars or conflicts and who has presented to the Adjutant General of the Department of Military and Veterans' Affairs sufficient evidence of the record of service and received a determination of status no later than eight days prior to the issuance of an employment list, for which that individual received a passing score on an examination; except as provided in section of P.L.000, c. (C.A:-.): () World War I, between April, and November, ; () World War II, on or after September, 0, who shall have served at least 0 days beginning on or before December, in such active service, exclusive of any period of assignment for a course of education or training under the Army Specialized EXPLANATION Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter.

3 Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion, or as a cadet or midshipman at one of the service academies; except that any person receiving an actual serviceincurred injury or disability shall be classed a veteran whether or not that person has completed the 0-day service; () Korean conflict, on or after June, 0, who shall have served at least 0 days beginning on or before January,, in active service, exclusive of any period of assignment for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion, or as a cadet or midshipman at one of the service academies; except that any person receiving an actual service-incurred injury or disability shall be classed as a veteran, whether or not that person has completed the 0-day service; () Lebanon crisis, on or after July,, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least days commencing on or before November, or the date of termination of that conflict, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the days' () Vietnam conflict, on or after December, 0, who shall have served at least 0 days beginning on or before May,, in active service, exclusive of any period of assignment for a course of education or training under the Army Specialized Training Program or the Navy College Training Program, which course was a continuation of a civilian course and was pursued to completion, or as a cadet or midshipman at one of the service academies, and exclusive of any service performed pursuant to the provisions of section (d) of Title 0, United States Code, or exclusive of any service performed pursuant to enlistment in the National Guard or the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; except that any person receiving an actual service-incurred injury or disability shall be classed as a veteran, whether or not that person has completed the 0-day service as provided; () Lebanon peacekeeping mission, on or after September,, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least days commencing on or before December, or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the

4 latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the days' () Grenada peacekeeping mission, on or after October,, who has served in Grenada or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least days commencing on or before November, or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the days' () Panama peacekeeping mission, on or after December 0, or the date of inception of that mission, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in Panama or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least days commencing on or before January, 0 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the days' () Operation "Desert Shield/Desert Storm" mission in the Arabian peninsula and the Persian Gulf, on or after August, 0 or the date of inception of that operation, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in the Arabian peninsula or on board any ship actively engaged in patrolling the Persian Gulf for a period, continuous or in the aggregate, of at least days commencing on or before the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the days' (0) Operation Northern Watch and Operation Southern Watch, on or after August,, or the date of inception of that operation, as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of inception is earliest, who served in the theater of operation, including in the Arabian peninsula and the Persian Gulf, and in direct support of that operation for a period, continuously or in the

5 aggregate, of at least days in such active service commencing on or before the date of termination of that operation, as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of termination is the latest; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the days' () Operation "Restore Hope" in Somalia, on or after December,, or the date of inception of that operation as proclaimed by the President of the United States or the Congress, whichever date is earliest, who has served in Somalia or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuously or in the aggregate, of at least days in such active service commencing on or before March, ; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the -day () Operations "Joint Endeavor" and "Joint Guard" in the Republic of Bosnia and Herzegovina, on or after November 0,, who served in such active service in direct support of one or both of the operations for at least days, continuously or in the aggregate, commencing on or before June 0,, and () was deployed in that nation or in another area in the region, or () was on board a United States naval vessel operating in the Adriatic Sea, or () operated in airspace above the Republic of Bosnia and Herzegovina; provided that any person receiving an actual serviceincurred injury or disability shall be classed as a veteran whether or not that person completed the -day service requirement; () Operation "Uphold Democracy" in Haiti, on or after September,, who served in Haiti or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuously or in the aggregate, of at least days in such active service commencing on or before March,, and who received an Armed Forces Expeditionary Medal for such service; provided, that any person receiving an actual serviceincurred injury or disability shall be classed as a veteran whether or not that person has completed the days' service as herein provided or received an Armed Forces Expeditionary Medal; () Operation "Enduring Freedom", on or after September, 00, who served in a theater of operation and in direct support of that operation for a period, continuously or in the aggregate, of at least days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided, that any person receiving an actual serviceincurred injury or disability while engaged in such service shall be

6 classed as a veteran whether or not that person has completed the days' and () Operation "Iraqi Freedom", on or after the date the President of the United States or the United States Secretary of Defense designates as the inception date of that operation, who served in Iraq or in another area in the region in direct support of that operation for a period, continuously or in the aggregate, of at least days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the days' c. "War service" means service by a veteran in any war or conflict described in this chapter during the periods specified. (cf: P.L.00, c., ss.,). Section of P.L.000, c. (C.A:-.) is amended to read as follows:. The Adjutant General of the Department of Military and Veterans' Affairs shall be responsible for determining whether any person seeking to be considered a "veteran" or a "disabled veteran" under N.J.S.A:-, 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 ; except that any person who otherwise meets the criteria set forth N.J.S.A:- for the purpose of receiving civil service preference but was not discharged or released from such qualifying service ten or more days prior to the issuance of the most recent employment list for which that person received a passing score on an examination shall be entitled to present sufficient evidence of the record of service to the Adjutant General within days of receipt of such evidence from the issuing entity to receive civil service preference based on the person s status as a veteran or a disabled veteran for that employment list. The employment list shall be adjusted accordingly upon determination of the Adjutant General that the person shall be considered a veteran or a disabled veteran under N.J.S.A:-. (cf: P.L.00, c., s.). This act shall take effect immediately.

7 0 STATEMENT This bill allows a veteran to establish veterans preference retroactively for a civil service employment list. Any person who otherwise meets the criteria for receiving veterans preference, except that the person was not discharged ten or more days before the most recent civil service employment list was issued, for which that person received a passing score on an examination, is permitted to present evidence which would establish that person as a veteran or disabled veteran for purposes of receiving veterans preference on that list. The person must submit the evidence to the Adjutant General within days of receipt of that evidence from the entity issuing the evidence to that person. The employment list is to be adjusted to reflect that person s veterans preference upon determination by the Adjutant General that the person is a veteran or a disabled veteran for purposes of receiving the preference.