Concerns definition of veteran for civil service hiring preference.

A1097

ASSEMBLY, No. 1097

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JOE DANIELSEN

District 17 (Middlesex and Somerset)

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Concerns definition of veteran for civil service
hiring preference.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning civil service hiring preference for
veterans and amending N.J.S.11A:5-1.�

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

���� 1.��� N.J.S.11A:5-1 is amended
to read as follows:

���� 11A:5-1. As used in this
chapter:

���� a.���� "Disabled
veteran" means any veteran who is eligible to be compensated for a
service-connected disability from
[
war
]

active duty

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;

���� 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 14, 1914 and November 11, 1918, or who served in any army or navy of the
allies of the United States in World War II, between September 1, 1939 and
September 2, 1945 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:

���� (1)�� World War I, between
April 6, 1917 and November 11, 1918;

���� (2)�� World War II, on or
after September 16, 1940, who shall have served
[
at least 90 days
]
beginning on
or before December 31, 1946 in
[
such
]
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 a veteran whether or not that person has completed the 90-day service
]
;

���� (3)�� Korean conflict, on or
after June 23, 1950, who shall have served
[
at
least 90 days
]

beginning on or before January 31, 1955, 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 90-day service
]
;

���� (4)�� Lebanon crisis, on or
after July 1, 1958, who has served in Lebanon
or in another area in the
region,
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 14 days
]
commencing on
or before November 1, 1958 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 14 days' service as herein
provided;
]

���� (5)�� Vietnam conflict, on or
after December 31, 1960, who shall have served
[
at least 90 days
]
beginning on
or before May 7, 1975, 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 511(d)
of Title 10, 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 90-day
service as provided
]
;

���� (6)�� Lebanon peacekeeping
mission, on or after September 26, 1982, who has served in Lebanon
or in
another area in the region,
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 14 days
]
commencing on
or before December 1, 1987 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 14 days' service as herein
provided;
]

���� (7)�� Grenada peacekeeping
mission, on or after October 23, 1983, who has served in Grenada
or in
another area in the region,
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 14 days
]
commencing on
or before November 21, 1983 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 14 days' service as herein
provided
]
;

���� (8)�� Panama peacekeeping
mission, on or after December 20, 1989 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 in
another area in the region,
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 14 days
]
commencing on
or before January 31, 1990 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 14 days' service as herein
provided
]
;

���� (9)�� Operation "Desert
Shield/Desert Storm" mission in the Arabian peninsula and the Persian
Gulf, on or after August 2, 1990 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 14 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 14 days'
service as herein provided;
]

���� (10)��� Operation Northern
Watch and Operation Southern Watch, on or after August 27, 1992, 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 aggregate, of at least 14 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 14 days' service as herein provided;
]

���� (11)��� Operation
"Restore Hope" in Somalia, on or after December 5, 1992, 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
in another area in the region,
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 14 days
]
in such
active service commencing on or before March 31, 1994;
[
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 14-day
service as herein provided;
]

���� (12)��� Operations "Joint
Endeavor" and "Joint Guard" in the Republic of Bosnia and
Herzegovina, on or after November 20, 1995, who served in such active service
in
[
direct
]
support of
one or both of the operations
[
for
at least 14 days, continuously or in the aggregate,
]
commencing on or before June 20,
1998, and (1) was deployed in that nation or in another area in the region, or
(2) was on board a United States naval vessel operating in the Adriatic Sea, or
(3) operated in airspace above the Republic of Bosnia and Herzegovina;
[
provided that
any person receiving an actual service-incurred injury or disability shall be
classed as a veteran whether or not that person completed the 14-day service
requirement;
]

���� (13)��� Operation "Uphold
Democracy" in Haiti, on or after September 19, 1994, 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 14 days
]
in such
active service commencing on or before March 31, 1995, and who received an
Armed Forces Expeditionary Medal for such 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 14 days' service as herein
provided or received an Armed Forces Expeditionary Medal;
]

���� (14)��� Operation
"Enduring Freedom", on or after September 11, 2001, 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 14 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 14 days' service as herein provided;
]
and

���� (15)��� 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 14 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 14 days' service as herein provided;
]

���� c.����
[
"War
service" means service by a veteran in any war or conflict described in
this chapter during the periods specified.
]

Deleted by amendment, PL.�� , c.�� (pending before the Legislature as this
bill)

����
d.��� �Disabled veteran�
and �Veteran� also means an individual who served in the active military of the
Armed Forces of the United States, was discharged or released under other than
dishonorable conditions from that service, applies for civil service preference
for veterans in this State on or after the date of enactment of P.L�� , c.��
(pending before the Legislature as this bill), and meets the criteria set forth
in the definition of �disabled veteran� or �veteran� under 5 U.S.C s.2108.

(cf: P.L.2007, c.115, s.1)

���� 2.��� This act shall take
effect on the 60th day after the date of enactment.

STATEMENT

���� Under current law, a veteran
is eligible for a civil service hiring preference if the person served during
specified dates or in specified locations, and in some instances, for a
specific length of time.

���� This bill changes the
definition of veteran for civil service hiring preference by removing the
requirement of service for specific lengths of time and broadens the specified
locations for eligibility.�

���� This bill also adds a
definition of disabled veteran and veteran to include persons who served in the
active military of the Armed Forces of the United States, was discharged or
released under other than dishonorable conditions, applies for civil service
preference on or after the date of enactment of this bill, and meets the
criteria set forth in the definition of disabled veteran or veteran under
federal law.�

���� This bill will not impact the
eligibility status of any veteran currently eligible for a civil service
preference.� The bill will expand the number of veterans eligible for a civil
service preference.

���� For veterans who would be
eligible under federal law pursuant to this bill but who did not serve in time
of war or conflict, the changes provided by this bill will apply only if an
amendment to the State constitution is approved by the voters to permit such
veterans to receive the benefit.