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.
BILL NUMBER:S1562 REVISED 1/30/13
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.
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 Constitution, it must pass both Houses for a second time during the 2013 Legislative 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.
STATE OF NEW YORK ________________________________________________________________________ 1562 2013-2014 Regular Sessions IN SENATE (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.