S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4361
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by M. of A. CUSICK, COLTON, M. G. MILLER, SIMANOWITZ -- read
   once and referred to the Committee on Governmental Employees
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 6 of article 5 of the constitution, in
   relation to the application of  veterans'  credits  to  civil  service
   examinations
 
   Section  1. Resolved (if the Senate concur), That section 6 of article
 5 of the constitution be amended to read as follows:
   § 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]  MAY  be granted [only at] AFTER the [time of]
 establishment of an eligible list, IF AN APPLICANT WAS  PLACED  ON  SUCH
 LIST  WITHOUT SUCH ADDITIONAL CREDIT AND SUBSEQUENT TO SUCH PLACEMENT HE
 OR SHE WAS ORDERED TO ACTIVE MILITARY DUTY, OTHER THAN  TRAINING,  TO  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89004-01-7

 A. 4361                             2
 
 COMBAT THEATER OR COMBAT ZONE OF OPERATIONS THAT QUALIFIES THE APPLICANT
 FOR  ADDITIONAL  CREDIT  AS  A VETERAN OR DISABLED VETERAN, PROVIDED THE
 ELIGIBLE LIST HAS NOT EXPIRED AND THE APPLICANT  MAKES  APPLICATION  FOR
 THE  ADDITIONAL  CREDIT  WITHIN  TWO MONTHS AFTER RECEIVING AN HONORABLE
 DISCHARGE OR BEING RELEASED UNDER  HONORABLE  CIRCUMSTANCES.    No  such
 member shall receive the additional credit granted 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 subsequent 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.
   §  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.