S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6462
                                   I N  S E N A T E
                                   January 14, 2010
                                      ___________
       Introduced  by  Sen. LAVALLE -- 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 civil service appointments of veterans
    1    Section 1. Resolved (if the Assembly concur), That section 6 of  arti-
    2  cle 5 of the constitution be amended to read as follows:
    3    S 6. Appointments and promotions in the civil service of the state and
    4  all of the civil divisions thereof, including cities and villages, shall
    5  be  made  according  to  merit  and fitness to be ascertained, as far as
    6  practicable, by examination which,  as  far  as  practicable,  shall  be
    7  competitive;  provided,  however, that any member of the armed forces of
    8  the United States who served therein in time of war,  and  who,  at  the
    9  time of such member's appointment or promotion, is a citizen or an alien
   10  lawfully  admitted  for  permanent  residence in the United States and a
   11  resident of this state and is honorably  discharged  or  released  under
   12  honorable  circumstances from such service, shall be entitled to receive
   13  five points additional credit in a competitive examination for  original
   14  appointment and two and one-half points additional credit in an examina-
   15  tion  for  promotion  or,  if  such  member  was  disabled in the actual
   16  performance of duty in any war, is receiving disability payments  there-
   17  for from the United States veterans administration, and his or her disa-
   18  bility  is  certified  by  such administration to be in existence at the
   19  time of application for appointment or promotion, he  or  she  shall  be
   20  entitled  to receive ten points additional credit in a competitive exam-
   21  ination for original appointment and five points additional credit in an
   22  examination for promotion. Such additional credit shall be added to  the
   23  final  earned  rating of such member after he or she has qualified in an
   24  examination and shall be granted only at the time of establishment of an
   25  eligible list. No such member shall receive the additional credit grant-
   26  ed by this section after he or she has received one appointment,  either
   27  original entrance or promotion, from an eligible list on which he or she
   28  was  allowed  the  additional  credit  granted  by this section. WHERE A
   29  VETERAN HAS BEEN APPOINTED OR PROMOTED FROM AN ELIGIBLE LIST ON WHICH HE
   30  OR SHE WAS ALLOWED ADDITIONAL CREDIT AS A  VETERAN  AND  HE  OR  SHE  IS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89157-02-9
       S. 6462                             2
    1  SUBSEQUENTLY CLASSIFIED AS A DISABLED VETERAN, HE OR SHE SHALL THEREAFT-
    2  ER  BE  ENTITLED  TO  CREDITS  DUE A DISABLED VETERAN LESS THE NUMBER OF
    3  CREDITS ALLOWED FOR THE PRIOR APPOINTMENT.
    4    S  2.  Resolved (if the Assembly concur), That the foregoing amendment
    5  be referred to the first regular legislative session convening after the
    6  next succeeding general election of members of  the  assembly,  and,  in
    7  conformity  with  section  1  of  article  19  of  the  constitution, be
    8  published for 3 months previous to the time of such election.