Authorizes veteran's and disabled veteran's credits to be added to an individual's civil service examination after the establishment of the appropriate eligible list.
Ayes (60): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Felder
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 the application of veterans' credits to civil service examinations
PURPOSE: This bill would allow qualified veterans to add veterans' credits to civil service competitive examination scores at any point prior to the expiration of the eligible list, including those examinations for appointments and promotions to the state police.
SUMMARY OF PROVISIONS:
Section 1 amends section 6 of article 5 of the constitution to allow for additional credit to be added to the final earned rating of an applicant after the establishment of an eligible list, if the 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 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.
JUSTIFICATION: Under current law, an individual who is not qualified for veterans' credits at the time of the application, but becomes qualified for these credits during the life of the eligible list, cannot add these credits to their civil service examination score. This bill seeks to correct this situation so that qualified veterans receive the credits they rightly deserve.
LEGISLATIVE HISTORY: Similar to Senate Bill 5845 of 2010
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: 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 tile Assembly, and, in conformity with § 1 of Article 19 of the Constitution, be published for 3 months previous to the time of such election.
STATE OF NEW YORK ________________________________________________________________________ 280--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. LARKIN, KENNEDY, MARCHIONE, O'MARA, ZELDIN -- 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 commit- tee 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89007-02-4 S. 280--A 2 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 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. 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.