S T A T E   O F   N E W   Y O R K
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                                  7700

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Governmental Employees

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 6 of article 5 of the constitution, in
  relation  to  the  application  of  veterans' credits to civil service
  examinations

  Section 1. Resolved (if the Senate concur), That section 6 of  article
5 of the constitution be amended to read as follows:
  S 6. Appointments and promotions in the civil service of the state and
all of the civil divisions thereof, including cities and villages, shall
be  made  according  to  merit  and fitness to be ascertained, as far as
practicable, by examination which,  as  far  as  practicable,  shall  be
competitive;  provided,  however, that any member of the armed forces of
the United States who served therein in time of war,  and  who,  at  the
time of such member's appointment or promotion, is a citizen or an alien
lawfully  admitted  for  permanent  residence in the United States and a
resident of this state and is honorably  discharged  or  released  under
honorable  circumstances from such service, shall be entitled to receive
five points additional credit in a competitive examination for  original
appointment and two and one-half points additional credit in an examina-
tion  for  promotion  or,  if  such  member  was  disabled in the actual
performance of duty in any war and his or her disability is certified by
the United States department of veterans affairs to be in  existence  at
the time of application for appointment or promotion, he or she shall be
entitled  to receive ten points additional credit in a competitive exam-
ination for original appointment and five points additional credit in an
examination for promotion. Such additional credit shall be added to  the
final  earned  rating of such member after he or she has qualified in an
examination and [shall] MAY be granted [only at]  AFTER  the  [time  of]
establishment  of  an  eligible list, IF AN APPLICANT WAS PLACED ON SUCH
LIST WITHOUT SUCH ADDITIONAL CREDIT AND SUBSEQUENT TO SUCH PLACEMENT  HE
OR  SHE  WAS  ORDERED TO ACTIVE MILITARY DUTY, OTHER THAN TRAINING, TO A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD89104-01-1

A. 7700                             2

COMBAT THEATER OR COMBAT ZONE OF OPERATIONS THAT QUALIFIES THE APPLICANT
FOR ADDITIONAL CREDIT AS A VETERAN OR  DISABLED  VETERAN,  PROVIDED  THE
ELIGIBLE  LIST  HAS  NOT EXPIRED AND THE APPLICANT MAKES APPLICATION FOR
THE  ADDITIONAL  CREDIT  WITHIN  TWO MONTHS AFTER RECEIVING AN HONORABLE
DISCHARGE OR BEING RELEASED UNDER  HONORABLE  CIRCUMSTANCES.    No  such
member shall receive the additional credit granted by this section after
he  or  she  has  received  one appointment, either original entrance or
promotion, from an eligible list on which he  or  she  was  allowed  the
additional credit granted by this section.
  S 2. Resolved (if the Senate concur), That the forgoing be referred to
the  first regular legislative session convening after the next succeed-
ing general election of members of the assembly, and, in conformity with
section 1 of article 19 of the constitution, be published for  3  months
previous to the time of such election.