S T A T E   O F   N E W   Y O R K
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                                  10018

                          I N  A S S E M B L Y

                            February 24, 2010
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to  amend  the civil service law, in relation to granting addi-
  tional credits on competitive examinations for the children  of  emer-
  gency medical technicians killed in the line of duty

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil service law is amended by adding  a  new  section
85-c to read as follows:
  S  85-C.  ADDITIONAL CREDITS ALLOWED THE CHILDREN OF EMERGENCY 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 THOU-
SAND  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 TECH-
NICIAN (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  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 OF EMERGENCY MEDICAL TECHNICIANS KILLED IN THE LINE OF

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

                                                           LBD16008-02-0

A. 10018                            2

DUTY SHALL BE ENTITLED TO RECEIVE AN ADDITIONAL TEN POINTS IN A  COMPET-
ITIVE  EXAMINATION  FOR ORIGINAL APPOINTMENT IN THE SAME MUNICIPALITY IN
WHICH HIS OR HER PARENT HAS SERVED.
  (B)  SUCH  ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING
OF SUCH CHILD, AS THE CASE MAY BE, AFTER HE OR SHE HAS QUALIFIED IN  THE
COMPETITIVE  EXAMINATION AND SHALL BE GRANTED ONLY AT THE TIME OF ESTAB-
LISHMENT 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 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 ADDITIONAL 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, SHALL THEREAFTER BE  ENTITLED
TO ANY ADDITIONAL CREDIT UNDER THIS SECTION AS A CHILD.
  (B) WHERE, AT THE TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE POSI-
TION  OF  A  CHILD ON SUCH LIST HAS NOT BEEN AFFECTED BY THE ADDITION OF
CREDITS GRANTED UNDER THIS SECTION, THE APPOINTMENT OF SUCH  CHILD  FROM
SUCH  ELIGIBLE LIST SHALL NOT BE DEEMED TO HAVE BEEN MADE FROM AN ELIGI-
BLE LIST ON WHICH HE OR SHE WAS ALLOWED THE ADDITIONAL CREDIT GRANTED BY
THIS SECTION.
  (C) IF, AT THE TIME OF APPOINTMENT FROM AN ELIGIBLE LIST, A  CHILD  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 ADDI-
TIONAL CREDITS AS PROVIDED BY THIS SECTION, HIS OR HER APPOINTMENT  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 HAS BEEN ORIGINALLY APPOINTED FROM AN ELIGIBLE  LIST
ON WHICH HE OR SHE WAS ALLOWED SUCH ADDITIONAL CREDIT, BUT SUCH APPOINT-
MENT IS THEREAFTER TERMINATED EITHER AT THE END OF THE PROBATIONARY TERM
OR  BY  RESIGNATION AT OR BEFORE THE END OF THE PROBATIONARY 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

A. 10018                            3

THE TERM OF EXISTENCE OF AN ELIGIBLE LIST RESULTING FROM  A  COMPETITIVE
EXAMINATION  IN WHICH A CHILD HAS RECEIVED THE ADDITIONAL CREDIT GRANTED
BY THIS SECTION, SUCH CHILD  MAY  ELECT,  PRIOR  TO  PERMANENT  ORIGINAL
APPOINTMENT,  TO RELINQUISH THE ADDITIONAL CREDIT THERETOFORE GRANTED TO
HIM OR HER AND EXCEPT THE LOWER POSITION ON SUCH ELIGIBLE LIST TO  WHICH
HE  OR  SHE  WOULD OTHERWISE HAVE BEEN ENTITLED; PROVIDED, HOWEVER, THAT
SUCH ELECTION SHALL THEREAFTER BE IRREVOCABLE. SUCH ELECTION SHALL BE IN
WRITING AND SIGNED BY THE CHILD, 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  APPOINTED
AS  A  RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION TO POSITIONS
UNDER ITS JURISDICTION. THE APPOINTMENT OF A CHILD AS A RESULT OF  ADDI-
TIONAL  CREDITS  SHALL BE VOID IF SUCH CHILD, PRIOR TO SUCH APPOINTMENT,
HAD BEEN APPOINTED AS A RESULT OF ADDITIONAL  CREDITS  GRANTED  BY  THIS
SECTION.
  S 2. This act shall take effect immediately.