Assembly Bill A3157

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

                                 3157--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on  Veterans'  Affairs  --  recommitted  to the Committee on Veterans'
  Affairs in accordance with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

            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 Senate concur), That section 6 of  article
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

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

                                                           LBD89050-02-0

A. 3157--A                          2

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
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 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.