senate Bill S1562

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

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 11 / Jan / 2013
    • TO ATTORNEY-GENERAL FOR OPINION
  • 06 / Feb / 2013
    • OPINION REFERRED TO JUDICIARY
  • 29 / May / 2013
    • 1ST REPORT CAL.760
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 04 / Jun / 2013
    • SUBSTITUTED BY A4359

Summary

Entitles 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, 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:
A4359
Versions:
S1562
Legislative Cycle:
2013-2014
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 ยง6, Constn
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1311, A2088
2009-2010: S737A, A3157A
2007-2008: S6713, A9732, S6713

Sponsor Memo

BILL NUMBER:S1562 REVISED 1/30/13

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY propos-
ing 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 desig-
nation 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 bene-
fit individuals who, through no fault of their own, were not classified
as a veteran with disabilities at the time of their first appointment.

This legislation was passed by both Houses of the Legislature during the
2012 Legislative session and was delivered to the Secretary of State on
April 27, 2012. As it is an amendment to the New York State Constitu-
tion, it must pass both Houses for a second time during the 2013 Legis-
lative Session then go before the voters for approval in a statewide
referendum in the 2013 general election.

LEGISLATIVE HISTORY: 2011-12 S.1311/A.2088; 2009-10 S.737A/A.3157A;
2007-08, S.6713/A.6106.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Resolved, (if the Assembly concur), That the foregoing
amendment be submitted to the people for approval at the general
election to be held in the year 2013 in accordance with the provisions
of the election law.

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

                                  1562

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. LAVALLE, LARKIN, MAZIARZ -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

            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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89015-01-3

S. 1562                             2

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
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  submitted  to  the people for approval at the general election to be
held in the year 2013 in accordance with the provisions of the  election
law.

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