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

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. LARKIN, KENNEDY, MARCHIONE, O'MARA, ZELDIN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Judiciary -- recommitted to the Committee on Judiciary in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

            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

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

                      [ ] is old law to be omitted.
                                                           LBD89007-02-4

S. 280--A                           2

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
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 Assembly 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.