Permits certain applicants to submit personal statement of veteran status, in lieu of determination of veteran status, prior to issuance of civil service eligible list; requires submission of determination of status prior to employment.

A2423

ASSEMBLY, No. 2423

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman TENNILLE R. MCCOY

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Permits certain applicants to submit personal
statement of veteran status, in lieu of determination of veteran status, prior
to issuance of civil service eligible list; requires submission of
determination of status prior to employment.

CURRENT VERSION OF TEXT

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

��

An Act

concerning civil service veterans� preference
and amending N.J.S.11A:5-1 and P.L.2000, c.127.

����
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 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
, or later as permitted in section 3 of P.L.2000,
c.127 (C.11A:5-1.1)
;

���� 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
, or
later as permitted in section 3 of P.L.2000, c.127 (C.11A:5-1.1)
:

���� (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 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 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 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 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 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.

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

���� 2.��� Section 3 of P.L.2000,
c.127 (C.11A:5-1.1) is amended to read as follows:

���� 3.���
a.
� 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.11A:5-1, 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.

����
b.��� For the purpose of receiving
preference under this title, a person who is in federal active service with the
Armed Forces of the United States or a reserve component thereof on the eighth
day prior to the issuance of an open competitive eligible list, for which that
person received a passing score on an examination, may submit no later than
eight days prior to the issuance of that open competitive eligible list a
personal sworn statement, in lieu of the Adjutant General�s determination of
status as a disabled veteran or veteran, certifying that the person will meet
the requirements for veterans� preference and receive the determination of
status no later than three days prior to employment.

(cf: P.L.2008, c.29, s.43)

���� 3.��� This act shall take
effect immediately and shall apply to open competitive examinations held after
the effective date.

STATEMENT

���� This bill permits, for the
purpose of receiving veterans� preference in civil service hiring, a person who
is in federal active service with the Armed Forces of the United States or a
reserve component thereof on the eighth day prior to the issuance of an open
competitive eligible list, for which that person received a passing score on an
examination, to submit no later than eight days prior to the issuance of that
open competitive eligible list a personal sworn statement, in lieu of the
Adjutant General�s determination of status as a disabled veteran or veteran,
certifying that the person will meet the requirements for veterans� preference
and receive the determination of status no later than three days prior to
employment.� Under current law, an applicant for a civil service examination
must submit sufficient evidence of veteran or disabled veteran status to the
Adjutant General of the Department of Military and Veterans' Affairs and
receive a determination of status no later than eight days prior to the
issuance of a civil service eligible list for which that individual received a
passing score on an examination.