senate Bill S1311

Relates to veterans with disabilities

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 14 / Jan / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 01 / Mar / 2011
    • 1ST REPORT CAL.121
  • 02 / Mar / 2011
    • 2ND REPORT CAL.
  • 03 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 27 / Apr / 2011
    • OPINION REFERRED TO JUDICIARY
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 09 / Jan / 2012
    • TO ATTORNEY-GENERAL FOR OPINION
  • 08 / Feb / 2012
    • OPINION REFERRED TO JUDICIARY
  • 20 / Mar / 2012
    • 1ST REPORT CAL.389
  • 21 / Mar / 2012
    • 2ND REPORT CAL.
  • 22 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 26 / Apr / 2012
    • SUBSTITUTED BY A2088

Summary

Authorizes veterans with disabilities who were classified as veterans and used such classification in his or her original appointment or promotion and were later classified as a veteran with disabilities, such member shall be entitled to ten points additional credit less the number of points of additional credit allowed for the prior appointment.

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Bill Details

See Assembly Version of this Bill:
A2088
Versions:
S1311
Legislative Cycle:
2011-2012
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 ยง6, Constn
Versions Introduced in Previous Legislative Cycles:
2009-2010: S737A, A3157A
2007-2008: S6713, A9732, S6713

Sponsor Memo

BILL NUMBER:S1311

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment
to section 6 of article 5 of the constitution, in relation to veterans'
credits for civil service appointments and promotions

PURPOSE:
Would allow any person who has received an appointment through civil
service to be entitled to additional credit if said individual was
classified as a veteran with disabilities after the first appointment
or promotion.

SUMMARY OF PROVISIONS:
Amend Article 5 Section 6 of the Constitution to provide that in
circumstances where a person has used a veteran's credit for civil
service purposes and thereafter is classified as a disabled veteran,
the additional credit which would be garnered by that designation may
be used for a subsequent test or appointment.

JUSTIFICATION:
Current law only allows veterans credit to be used once and does not
allow for the veteran to apply additional credits if they are
classified as disabled at a later date. This legislation would
benefit individuals who, through no fault of their own, were not
classified as a veteran with disabilities at the time of their first
appointment.

LEGISLATIVE HISTORY:
2009-10, S.737; 2007-08, S.6713

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
RESOLVED (if the Assembly concur), That the foregoing amendments
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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1311

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

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 veterans'  credits  for  civil  service  appointments  and
  promotions

  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 be granted only at the time of establishment of an
eligible list. No such member shall receive the additional credit grant-
ed  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89044-01-1

S. 1311                             2

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  SUBSE-
QUENT  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.

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