senate Bill S5070

2013-2014 Legislative Session

Relates to additional credits allowed children of firefighters and police officers killed in the line of duty

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to civil service and pensions
returned to senate
died in assembly
Jun 21, 2013 referred to governmental operations
Jun 20, 2013 delivered to assembly
passed senate
Jun 05, 2013 advanced to third reading
Jun 04, 2013 2nd report cal.
Jun 03, 2013 1st report cal.942
May 07, 2013 referred to civil service and pensions

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Co-Sponsors

S5070 - Bill Details

See Assembly Version of this Bill:
A7790
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd ยง85-a, Civ Serv L

S5070 - Bill Texts

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Relates to additional credits allowed children of firefighters and police officers killed in the line of duty.

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BILL NUMBER:S5070

TITLE OF BILL: An act to amend the civil service law, in relation to
additional credits allowed children of firefighters and police
officers killed in the line of duty

PURPOSE: This bill clarifies existing law by defining the term
"killed in the line of duty" to include deaths that were the natural
and proximate result of either the attacks on September 11, 2001 or
participating in the rescue effort that was conducted in response to
the attacks on September 11, 2001.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Civil Service Law section 85-a(a) to
define the term "killed in the line of duty" to include deaths that
were the natural and proximate result of either the attacks on
September 11, 2001 or participating in the rescue effort that was
conducted in response to the attacks on September 11, 2001.

Section two of this bill provides that this act shall take effect
immediately.

EXISTING LAW: Currently, Civil Service Law section 85-a provides that
children of firefighters and police officers that are killed in the
line of duty are allowed additional points on a civil service
examination when the position is located in the same municipality
where the applicant's deceased parent served.

JUSTIFICATION: This bill clarifies that children of firefighters and
police officers whose deaths were the natural and proximate result of
either the attacks on September 11, 2001 or participating in the
rescue effort that was conducted in response to the attacks on
September 11, 2001 are entitled to the benefits provided by Civil
Service Law section 85-a. Currently, Civil Service Law section 85-b
provides that siblings of firefighters and police officers that are
killed in the performance of duty when such death was the natural and
proximate result of either the attacks on September 11, 2001 or
participating in the rescue effort that was conducted in response to
the attacks on September 11, 2001 are allowed additional points on a
civil service examination when the position is located in the same
municipality where the applicant's deceased sibling served. An issue
has arisen regarding whether, in light of Civil Service Law section
85-b, deaths that were the natural and proximate result of either the
attacks on September 11, 2001 or participating in the rescue effort
that was conducted in response to the attacks on September 11, 2001
are deaths "in the line of duty" for purposes of section 85-a. This
bill clarifies that such deaths are deaths "in the line of duty."

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None to State

EFFECTIVE DATE: This act shall take effect immediately.


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

                                  5070

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 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 additional credits
  allowed children of firefighters and police  officers  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. Paragraph (a) of subdivision 1 of section 85-a of the civil
service law, as amended by chapter 75 of the laws of 2008, is amended to
read as follows:
  (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 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 munici-
pality in which his or her parent has served. For the purposes  of  this
paragraph,  a  police  officer  or  firefighter  shall be deemed to have
"served" in a municipality if he or  she  was  employed  by,  or  worked
primarily in, that municipality. AS USED IN THIS SECTION, "KILLED IN THE
LINE  OF  DUTY" SHALL INCLUDE, BUT NOT BE LIMITED TO, 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.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10713-02-3

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