senate Bill S5585

Signed By Governor
2013-2014 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 signed chap.376
Sep 17, 2013 delivered to governor
Jun 18, 2013 returned to senate
passed assembly
ordered to third reading rules cal.369
substituted for a7631
Jun 11, 2013 referred to governmental employees
delivered to assembly
passed senate
Jun 10, 2013 ordered to third reading cal.1212
committee discharged and committed to rules
May 23, 2013 referred to civil service and pensions

Votes

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Co-Sponsors

S5585 - Bill Details

See Assembly Version of this Bill:
A7631
Law Section:
Civil Service Law
Laws Affected:
Amd ยงยง85-a, 85-b & 85-c, Civ Rts L

S5585 - Bill Texts

view summary

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.

view sponsor 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.

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

                                  5585

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11203-01-3

S. 5585                             2

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

S. 5585                             3

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

S. 5585                             4

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. 5585                             5

  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-

S. 5585                             6

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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