S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2123--A
                                                          Cal. No. 18
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BERGER, PHEFFER AMATO, YEGER, HEVESI, GLICK,
   COLTON, SHIMSKY, SIMON, SEAWRIGHT, SCHIAVONI, DURSO -- read  once  and
   referred  to  the Committee on Governmental Employees -- reported from
   committee, advanced to a third reading, amended and ordered reprinted,
   retaining its place on the order of third reading
 
 AN ACT to amend the civil service law, in relation  to  providing  addi-
   tional  credits  to  children  and  siblings of deceased New York city
   sanitation members
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "Ignazio
 Giacalone act".
   § 2. The civil service law is amended by adding a new section 85-d  to
 read as follows:
   §  85-D.  ADDITIONAL  CREDITS ALLOWED THE CHILDREN AND SIBLINGS OF NEW
 YORK CITY SANITATION MEMBERS 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 "NEW YORK CITY SANITATION MEMBER" SHALL
 MEAN A SANITATION MEMBER AS DEFINED IN SUBDIVISION SIXTY-FOUR OF SECTION
 13-101 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   2. ADDITIONAL CREDIT AUTHORIZED. ADDITIONAL CREDITS SHALL  BE  ALLOWED
 TO  CHILDREN  AND SIBLINGS OF NEW YORK CITY SANITATION MEMBERS 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03851-02-5
 A. 2123--A                          2
 
 PROVIDED,  HOWEVER,  THAT  FOR  THE  PURPOSE OF DETERMINING FINAL EARNED
 RATINGS, CHILDREN AND SIBLINGS  OF  NEW  YORK  CITY  SANITATION  MEMBERS
 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 SUCH CHILD OR SIBLING'S 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 SUCH CHILD OR
 SIBLING HAS QUALIFIED IN THE COMPETITIVE EXAMINATION AND SHALL BE GRANT-
 ED 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 THAT SUCH  CANDIDATE  IS
 ENTITLED  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 SUCH CANDIDATE'S APPLICATION FOR EXAMINATION
 AND THE DATE OF THE ESTABLISHMENT OF THE RESULTING ELIGIBLE  LIST.  SUCH
 CANDIDATES  SHALL  BE  ALLOWED A PERIOD OF NOT LESS THAN TWO MONTHS FROM
 THE DATE OF THE FILING OF THEIR APPLICATION FOR EXAMINATION IN WHICH  TO
 ESTABLISH  BY APPROPRIATE DOCUMENTARY PROOF SUCH CANDIDATE'S 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 SUCH CHILD OR SIBLING'S ELIGIBILITY TO RECEIVE SUCH
 ADDITIONAL CREDIT. A CANDIDATE WHO FAILS TO  ESTABLISH,  BY  APPROPRIATE
 DOCUMENTARY  PROOF,  SUCH  CANDIDATE'S 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 SUCH PERSON  WAS  ALLOWED  THE  ADDI-
 TIONAL CREDIT GRANTED BY THIS SECTION AS A CHILD OR SIBLING, SHALL THER-
 EAFTER  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 SUCH CHILD OR SIBLING WAS
 ALLOWED THE ADDITIONAL 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 SUCH CHILD OR  SIBLING  HAD  NOT
 BEEN  GRANTED  THE  ADDITIONAL CREDITS AS PROVIDED BY THIS SECTION, SUCH
 CHILD OR SIBLING'S APPOINTMENT FROM SUCH ELIGIBLE PERSONS SHALL  NOT  BE
 DEEMED  TO  HAVE  BEEN MADE FROM AN ELIGIBLE LIST ON WHICH SUCH CHILD OR
 SIBLING WAS ALLOWED SUCH ADDITIONAL CREDITS.
   (D) WHERE A CHILD OR SIBLING HAS BEEN  ORIGINALLY  APPOINTED  FROM  AN
 ELIGIBLE LIST ON WHICH SUCH CHILD OR SIBLING 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
 PROBATIONARY  TERM,  SUCH  CHILD  OR SIBLING SHALL NOT BE DEEMED TO HAVE
 BEEN APPOINTED, AS THE CASE MAY BE, FROM AN ELIGIBLE LIST ON WHICH  SUCH
 CHILD  OR  SIBLING  IS  ALLOWED  ADDITIONAL CREDIT, AND SUCH APPOINTMENT
 A. 2123--A                          3
 
 SHALL NOT AFFECT SUCH CHILD  OR  SIBLING'S  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 SUCH CHILD OR SIBLING AND ACCEPT THE LOWER POSI-
 TION ON SUCH ELIGIBLE LIST TO WHICH SUCH CHILD OR SIBLING  WOULD  OTHER-
 WISE  HAVE  BEEN  ENTITLED;  PROVIDED, HOWEVER, THAT SUCH ELECTION SHALL
 THEREAFTER BE IRREVOCABLE. SUCH ELECTION SHALL BE IN WRITING AND  SIGNED
 BY THE CHILD OR SIBLING, AND TRANSMITTED TO THE DEPARTMENT OR THE APPRO-
 PRIATE 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.
   § 3. This act shall take effect immediately.