S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5406
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced by M. of A. ABBATE -- 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 civil service appointments and promotions; veterans' pref-
   erences and credits

   Section  1. Resolved (if the Senate concur), That section 6 of article
 5 of the constitution be amended to read as follows:
   § 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
 examination 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 be granted only at the time of establishment
 of  an eligible list. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89028-01-1

 A. 5406                             2
 
 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.
   §  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.