S T A T E   O F   N E W   Y O R K
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                                 737--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 14, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  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 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

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

                                                           LBD89050-03-0

S. 737--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 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.