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

                                  3406

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 18, 2011
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

            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 Assembly concur), That section 6 of arti-
cle 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

S. 3406                             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 Assembly concur), That the forgoing be referred
to the first  regular  legislative  session  convening  after  the  next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.