S T A T E   O F   N E W   Y O R K
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                                 148--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. CUSICK, COLTON, MILLER, SIMANOWITZ -- read once
  and referred to the Committee on Governmental Employees -- recommitted
  to the Committee on Governmental Employees in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

            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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD89007-03-4

A. 148--A                           2

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
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, except  where  a  member  has
been  appointed or promoted from an eligible list on which he or she was
allowed additional credit for military service and  subsequent  to  such
appointment  he  or  she  is  disabled as provided in this section, such
member shall be entitled to ten points additional credit less the number
of points of additional credit allowed for the prior appointment.
  S 2. Resolved (if the Senate concur), That the foregoing amendment  be
referred  to  the  first regular legislative session convening after the
next succeeding 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.