S T A T E   O F   N E W   Y O R K
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                                  2209

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sens. LARKIN, ADDABBO, AVELLA, BONACIC, CARLUCCI, CROCI,
  KENNEDY, MARCHIONE, O'MARA, RANZENHOFER,  SEWARD  --  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

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

                                                           LBD89047-01-5

S. 2209                             2

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.