Bill S5585-2013

Provides additional credits allowed the children of police, firefighters, emergency medical technicians and paramedics killed in the line of duty

Provides additional credits allowed to the children of police, firefighters, emergency medical technicians and paramedics having died in the performance of duty as the natural and proximate result of the World Trade Center attack on September eleventh, two thousand one or as the natural and proximate result of participation in the rescue effort that was conducted in response to such attack.

Details

Actions

  • Sep 27, 2013: SIGNED CHAP.376
  • Sep 17, 2013: DELIVERED TO GOVERNOR
  • Jun 18, 2013: returned to senate
  • Jun 18, 2013: passed assembly
  • Jun 18, 2013: ordered to third reading rules cal.369
  • Jun 18, 2013: substituted for a7631
  • Jun 11, 2013: referred to governmental employees
  • Jun 11, 2013: DELIVERED TO ASSEMBLY
  • Jun 11, 2013: PASSED SENATE
  • Jun 10, 2013: ORDERED TO THIRD READING CAL.1212
  • Jun 10, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 23, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Calendars

Votes

Memo

BILL NUMBER:S5585

TITLE OF BILL: An act to amend the civil service law, in relation to providing additional credits to children and siblings of deceased firefighters, police officers, emergency medical technicians and paramedics killed in the line of duty or in the performance of duty as the natural and proximate result of the World Trade Center attack, or as a result of participation in the rescue effort

PURPOSE: To provide the children and siblings of police officers, firefighters, and emergency medical technicians who died as a result of the September 11th World Trade Center attack or rescue operations following the attack to receive additional points on a civil service exam for a position that is located in the same municipality where the applicant's deceased parent or sibling served.

SUMMARY OF PROVISIONS:

Section 1 amends Civil Service Law section 85-a to provide that additional points on a civil service exam shall also be available to the siblings of firefighters and police officers killed in the line of duty for a position that is located in the same municipality where his or her deceased sibling served. This section also provides that the children or siblings of emergency medical technicians ("EMTs") and paramedics who are killed in the line of duty shall also be eligible for additional points on a civil service exam for a position that is located in the same municipality where his or her deceased parent or sibling served.

Section 2 amends Civil Service Law section 85-b to allow children of firefighters and police officers killed in the line of duty as a result of the September 11th World Trade Center attack or rescue operations following the attack to receive additional points on a civil service exam for a position that is located in the same municipality where the child's deceased parent served.

Section 3 amends Civil Service Law section 85-c to provide the children of EMTs who died in the line of duty as a result of the September 11th World Trade Center attack or rescue operations following the attack to receive additional points on a civil service exam for a position that is located in the same municipality where the child's deceased parent served.

Section 4 provides that that this bill shall take effect immediately.

CURRENT LAW: Civil Service Law section 85-a provides that the children of firefighters and police officers who were killed in the line of duty are allowed to receive additional points on a civil service exam for a position in the same municipality as the deceased child's parent.

Section 85-a does not specifically define the term "killed in the line of duty." By contrast, Civil Service Law sections 85-b and 85-c, which provide additional points to siblings, define the term "killed in the line of duty" to be deaths that are the natural and proximate result of the September 11th World Trade Center attack or the rescue missions following the attack.

JUSTIFICATION: This bill equalizes the treatment of children and siblings of police officers, firefighters, and emergency medical technicians ("EMTs") who have been killed in the line of duty by providing them with additional points on any civil service exam for a position in the same municipality that the decedent's parent or sibling served. Current law does not afford siblings of fallen police officers, firefighters, and EMTs additional points unless their sibling's death was the natural and proximate cause of September 11th World Trade Center attack or the rescue missions following the attack.

Additionally, this bill remedies an unintended consequence of the lack of a definition of the term "killed in the line of duty" in Civil Service Law section 85-a. This unintended consequence is the denial of additional civil service exam points to some children of firefighters and police officers who died as a result of the September 11th World Trade Center attack to be denied additional civil service exam points.

Many of our police officers, firefighters, and EMTs gave their lives to help us recover from the devastating events of September 11, 2001. By allowing their children and siblings additional points on a civil service exam so that he or she can follow in his or her parent or sibling's shoes allows us to honor the sacrifice that the applicant's parent or sibling made for us.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5585 2013-2014 Regular Sessions IN SENATE May 23, 2013 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the civil service law, in relation to providing addi- tional credits to children and siblings of deceased firefighters, police officers, emergency medical technicians and paramedics killed in the line of duty or in the performance of duty as the natural and proximate result of the World Trade Center attack, or as a result of participation in the rescue effort THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 85-a of the civil service law, as added by chapter 495 of the laws of 2002, paragraph (a) of subdivision 1 as amended by chapter 75 of the laws of 2008, is amended to read as follows: S 85-a. Additional credits allowed children AND SIBLINGS of firefight- ers [and], police officers, EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS killed in the line of duty. 1. Additional credit authorized. Additional credits shall be allowed children AND SIBLINGS of firefighters [and], police officers, EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS killed in the line of duty, as "child" AND "SIBLING" in this section in compet- itive examinations for original appointment. (a) On all eligible lists resulting from competitive examinations, the names of eligible persons shall be entered in the order of their respective final earned ratings on examinations, with the name of the eligible person with the highest final earned ratings at the head of such list, provided, however, that for the purpose of determining final earned ratings, children AND SIBLINGS of firefighters [and], police officers, EMERGENCY MEDICAL TECH- NICIANS AND PARAMEDICS killed in the line of duty shall be entitled to receive an additional ten points in a competitive examination for original appointment in the same municipality in which his or her parent OR SIBLING has served. For the purposes of this paragraph, a police officer or firefighter shall be deemed to have "served" in a munici-
pality if he or she was employed by, or worked primarily in, that muni- cipality. (b) Such additional credit shall be added to the final earned rating of such child OR SIBLING, as the case may be, after he or she has quali- fied in the competitive examination and shall be granted only at the time of establishment of the resulting eligible list. 2. Application for additional credit; proof of eligibility; establish- ment of eligible list. Any candidate, believing himself or herself enti- tled to additional credit in a competitive examination as provided in this section, may make application for such additional credit at any time between the date of his or her application for examination and the date of the establishment of the resulting eligible list. Such candi- dates shall be allowed a period of not less than two months from the date of the filing of his or her application for examination in which to establish by appropriate documentary proof his or her eligibility to receive additional credit under this section. At any time after two months have elapsed since the final date for filing applications for a competitive examination for original appointment, the eligible list resulting from such examination may be established, notwithstanding the fact that a child OR SIBLING who has applied for additional credit has failed to establish his or her eligibility to receive such additional credit. A candidate who fails to establish, by appropriate documentary proof, his or her eligibility to receive additional credit by the time an eligible list is established shall not thereafter be granted addi- tional credit on such eligible list. 3. Use of additional credit. (a) Except as otherwise provided in this subdivision, no person who has received a permanent original appointment in the civil service of the state or of any city or civil division ther- eof from an eligible list on which he or she was allowed the additional credit granted by this section as a child OR SIBLING, shall thereafter be entitled to any additional credit under this section as a child OR SIBLING. (b) Where, at the time of establishment of an eligible list, the posi- tion of a child OR SIBLING on such list has not been affected by the addition of credits granted under this section, the appointment of such child OR SIBLING from such eligible list shall not be deemed to have been made from an eligible list on which he or she was allowed the addi- tional credit granted by this section. (c) If, at the time of appointment from an eligible list, a child OR SIBLING is in the same relative standing among the eligible persons who are willing to accept appointment as if he or she had not been granted the additional credits as provided by this section, his or her appoint- ment from such eligible persons shall not be deemed to have been made from an eligible list on which he or she was allowed such additional credits. (d) Where a child OR SIBLING has been originally appointed from an eligible list on which he or she was allowed such additional credit, but such appointment is thereafter terminated either at the end of the probationary term or by resignation at or before the end of the proba- tionary term, he or she shall not be deemed to have been appointed, as the case may be, from an eligible list on which he or she is allowed additional credit, and such appointment shall not affect his or her eligibility for additional credit in other examinations. 4. Withdrawal of application; election to relinquish additional cred- it. An application for additional credit in a competitive examination under this section may be withdrawn by the applicant at any time prior
to the establishment of the resulting eligible list. At any time during the term of existence of an eligible list resulting from a competitive examination in which a child OR SIBLING has received the additional credit granted by this section, such child OR SIBLING may elect, prior to permanent original appointment, to relinquish the additional credit theretofore granted to him or her and [except] ACCEPT the lower position on such eligible list to which he or she would otherwise have been enti- tled; provided, however, that such election shall thereafter be irrev- ocable. Such election shall be in writing and signed by the child OR SIBLING, and transmitted to the department or the appropriate municipal civil service commission. 5. Roster. The department and each municipal commission shall estab- lish and maintain in its office a roster of all such children OR SIBLINGS appointed as a result of additional credits granted by this section to positions under its jurisdiction. The appointment of a child OR SIBLING as a result of additional credits shall be void if such child OR SIBLING, prior to such appointment, had been appointed as a result of additional credits granted by this section. S 2. Section 85-b of the civil service law, as added by chapter 500 of the laws of 2003, is amended to read as follows: S 85-b. Additional credits allowed CHILDREN AND siblings of firefight- ers and police officers killed in the line of duty. 1. Definition. As used in this section, "killed in the line of duty" shall mean having died in the performance of duty as the natural and proximate result of the World Trade Center attack on September eleventh, two thousand one or as the natural and proximate result of participation in the rescue effort that was conducted in response to such attack. 2. Additional credit authorized. Additional credits shall be allowed CHILDREN AND siblings of firefighters and police officers killed in the line of duty in competitive examinations for original appointment. (a) On all eligible lists resulting from competitive examinations, the names of eligible persons shall be entered in the order of their respective final earned ratings on examinations, with the name of the eligible person with the highest final earned ratings at the head of such list, provided, however, that for the purpose of determining final earned ratings, CHILDREN AND siblings of firefighters and police officers killed in the line of duty shall be entitled to receive an additional ten points in a competitive examination for original appointment in the same municipality in which his or her PARENT OR sibling has served. (b) Such additional credit shall be added to the final earned rating of such CHILD OR sibling, as the case may be, after he or she has quali- fied in the competitive examination and shall be granted only at the time of establishment of the resulting eligible list. 3. Application for additional credit; proof of eligibility; establish- ment of eligible list. Any candidate, believing himself or herself enti- tled to additional credit in a competitive examination as provided in this section, may make application for such additional credit at any time between the date of his or her application for examination and the date of the establishment of the resulting eligible list. Such candi- dates shall be allowed a period of not less than two months from the date of the filing of his or her application for examination in which to establish by appropriate documentary proof his or her eligibility to receive additional credit under this section. At any time after two months have elapsed since the final date for filing applications for a competitive examination for original appointment, the eligible list resulting from such examination may be established, notwithstanding the
fact that a CHILD OR sibling who has applied for additional credit has failed to establish his or her eligibility to receive such additional credit. A candidate who fails to establish, by appropriate documentary proof, his or her eligibility to receive additional credit by the time an eligible list is established shall not thereafter be granted addi- tional credit on such eligible list. 4. Use of additional credit. (a) Except as otherwise provided in this subdivision, no person who has received a permanent original appointment in the civil service of the state or of any city or civil division ther- eof from an eligible list on which he or she was allowed the additional credit granted by this section as a CHILD OR sibling, shall thereafter be entitled to any additional credit under this section as a CHILD OR sibling. (b) Where, at the time of establishment of an eligible list, the posi- tion of a CHILD OR sibling on such list has not been affected by the addition of credits granted under this section, the appointment of such CHILD OR sibling from such eligible list shall not be deemed to have been made from an eligible list on which he or she was allowed the addi- tional credit granted by this section. (c) If, at the time of appointment from an eligible list, a CHILD OR sibling is in the same relative standing among the eligible persons who are willing to accept appointment as if he or she had not been granted the additional credits as provided by this section, his or her appoint- ment from such eligible persons shall not be deemed to have been made from an eligible list on which he or she was allowed such additional credits. (d) Where a CHILD OR sibling has been originally appointed from an eligible list on which he or she was allowed such additional credit, but such appointment is thereafter terminated either at the end of the probationary term or by resignation at or before the end of the proba- tionary term, he or she shall not be deemed to have been appointed, as the case may be, from an eligible list on which he or she is allowed additional credit, and such appointment shall not affect his or her eligibility for additional credit in other examinations. 5. Withdrawal of application; election to relinquish additional cred- it. An application for additional credit in a competitive examination under this section may be withdrawn by the applicant at any time prior to the establishment of the resulting eligible list. At any time during the term of existence of an eligible list resulting from a competitive examination in which a CHILD OR sibling has received the additional credit granted by this section, such CHILD OR sibling may elect, prior to permanent original appointment, to relinquish the additional credit theretofore granted to him or her and [except] ACCEPT the lower position on such eligible list to which he or she would otherwise have been enti- tled; provided, however, that such election shall thereafter be irrev- ocable. Such election shall be in writing and signed by the CHILD OR sibling, and transmitted to the department or the appropriate municipal civil service commission. 6. Roster. The department and each municipal commission shall estab- lish and maintain in its office a roster of all such CHILDREN AND siblings appointed as a result of additional credits granted by this section to positions under its jurisdiction. The appointment of a CHILD OR sibling as a result of additional credits shall be void if such CHILD OR sibling, prior to such appointment, had been appointed as a result of additional credits granted by this section.
S 3. Section 85-c of the civil service law, as added by chapter 555 of the laws of 2010, is amended to read as follows: S 85-c. Additional credits allowed the children AND SIBLINGS of emer- gency medical technicians and paramedics killed in the line of duty. 1. Definitions. (a) As used in this section, "killed in the line of duty" shall mean having died in the performance of duty as the natural and proximate result of the World Trade Center attack on September eleventh, two thousand one or as the natural and proximate result of participation in the rescue effort that was conducted in response to such attack. (b) As used in this section "emergency medical technician" shall mean a person who was employed by the city of New York or by the New York city health and hospitals corporation in a title whose duties are those of an emergency medical technician or advanced emergency medical techni- cian (as those terms are defined in section three thousand one of the public health law), or in a title whose duties require the supervision of employees whose duties are those of an emergency medical technician or advanced emergency medical technician (as those terms are defined in section three thousand one of the public health law). 2. Additional credit authorized. Additional credits shall be allowed children AND SIBLINGS of emergency medical technicians killed in the line of duty in competitive examinations for original appointment. (a) On all eligible lists resulting from competitive examinations, the names of eligible persons shall be entered in the order of their respec- tive final earned ratings on examinations, with the name of the eligible person with the highest final earned ratings at the head of such list; provided, however, that for the purpose of determining final earned ratings, children AND SIBLINGS of emergency medical technicians killed in the line of duty shall be entitled to receive an additional ten points in a competitive examination for original appointment in the same municipality in which his or her parent OR SIBLING has served. (b) Such additional credit shall be added to the final earned rating of such child OR SIBLING, as the case may be, after he or she has quali- fied in the competitive examination and shall be granted only at the time of establishment of the resulting eligible list. 3. Application for additional credit; proof of eligibility; establish- ment of eligible list. Any candidate, believing himself or herself enti- tled to additional credit in a competitive examination as provided in this section, may make application for such additional credit at any time between the date of his or her application for examination and the date of the establishment of the resulting eligible list. Such candi- dates shall be allowed a period of not less than two months from the date of the filing of his or her application for examination in which to establish by appropriate documentary proof his or her eligibility to receive additional credit under this section. At any time after two months have elapsed since the final date for filing applications for a competitive examination for original appointment, the eligible list resulting from such examination may be established, notwithstanding the fact that a child OR SIBLING who has applied for additional credit has failed to establish his or her eligibility to receive such additional credit. A candidate who fails to establish, by appropriate documentary proof, his or her eligibility to receive additional credit by the time an eligible list is established shall not thereafter be granted addi- tional credit on such eligible list. 4. Use of additional credit. (a) Except as otherwise provided in this subdivision, no person who has received a permanent original appointment in the civil service of the state or of any city or civil division ther-
eof from an eligible list on which he or she was allowed the additional credit granted by this section as a child OR SIBLING, shall thereafter be entitled to any additional credit under this section as a child OR SIBLING. (b) Where, at the time of establishment of an eligible list, the posi- tion of a child OR SIBLING on such list has not been affected by the addition of credits granted under this section, the appointment of such child OR SIBLING from such eligible list shall not be deemed to have been made from an eligible list on which he or she was allowed the addi- tional credit granted by this section. (c) If, at the time of appointment from an eligible list, a child OR SIBLING is in the same relative standing among the eligible persons who are willing to accept appointment as if he or she had not been granted the additional credits as provided by this section, his or her appoint- ment from such eligible persons shall not be deemed to have been made from an eligible list on which he or she was allowed such additional credits. (d) Where a child OR SIBLING has been originally appointed from an eligible list on which he or she was allowed such additional credit, but such appointment is thereafter terminated either at the end of the probationary term or by resignation at or before the end of the proba- tionary term, he or she shall not be deemed to have been appointed, as the case may be, from an eligible list on which he or she is allowed additional credit, and such appointment shall not affect his or her eligibility for additional credit in other examinations. 5. Withdrawal of application; election to relinquish additional cred- it. An application for additional credit in a competitive examination under this section may be withdrawn by the applicant at any time prior to the establishment of the resulting eligible list. At any time during the term of existence of an eligible list resulting from a competitive examination in which a child OR SIBLING has received the additional credit granted by this section, such child OR SIBLING may elect, prior to permanent original appointment, to relinquish the additional credit theretofore granted to him or her and [except] ACCEPT the lower position on such eligible list to which he or she would otherwise have been enti- tled; provided, however, that such election shall thereafter be irrev- ocable. Such election shall be in writing and signed by the child OR SIBLING, and transmitted to the department or the appropriate municipal civil service commission. 6. Roster. The department and each municipal commission shall estab- lish and maintain in its office a roster of all such children AND SIBLINGS appointed as a result of additional credits granted by this section to positions under its jurisdiction. The appointment of a child OR SIBLING as a result of additional credits shall be void if such child OR SIBLING, prior to such appointment, had been appointed as a result of additional credits granted by this section. S 4. This act shall take effect immediately.

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