Amd §63, Civ Serv L (as proposed in S.5494 & A.7155)
Provides for crediting of probationary service when a person appointed provisionally receives a permanent appointment to the same title immediately following the provisional period.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8514
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the civil service law, in relation to crediting of
probationary service upon permanent appointment
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to make amendments to chapter 356 of the
laws of 2023
SUMMARY OF PROVISIONS:
Provides that any person appointed provisionally to a title who receives
permanent appointment to the same title immediately following the provi-
sional appointment shall have all time spent as a provisional appointee
credited to the probationary term required upon permanent appointment.
JUSTIFICATION:
This legislation would make technical amendments to chapter 356 of the
laws of 2023.
PRIOR LEGISLATIVE HISTORY:
Chapter 356 of the laws of 2023.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
N/A.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
chapter 356 of the laws of 2023 amending the civil service law relating
to crediting of probationary service, as proposed in legislative bills
numbers S. 5494 and A. 7155, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8514
IN ASSEMBLY
January 4, 2024
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to crediting of
probationary service upon permanent appointment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 63 of the civil service law, as
2 amended by a chapter of the laws of 2023 amending the civil service law
3 relating to crediting of probationary service, as proposed in legisla-
4 tive bills numbers S. 5494 and A. 7155, is amended to read as follows:
5 1. Every original appointment to a position in the competitive class
6 and every interdepartmental promotion from a position in one department
7 or agency to a position in another department or agency shall be for a
8 probationary term; provided, however, that upon interdepartmental
9 promotion the appointing officer may waive the requirement of satisfac-
10 tory completion of the probationary term. The state civil service
11 commission and municipal civil service commissions may provide, by rule,
12 for probationary service upon intradepartmental promotion to positions
13 in the competitive class and upon appointment to positions in the
14 exempt, non-competitive or labor classes.
15 When probationary service is required upon promotion, the position
16 formerly held by the person promoted shall be held open and shall not be
17 filled, except on a temporary basis, pending completion of his proba-
18 tionary term.
19 Notwithstanding the foregoing or any other law or rule to the contra-
20 ry, when a permanent appointment or promotion to a position in the
21 competitive class is conditioned upon the completion of a term of train-
22 ing service or of a period of service in a designated trainee title,
23 such service and the probationary term for such competitive position
24 shall run concurrently.
25 Notwithstanding the foregoing or any law or rule to the contrary, any
26 person appointed provisionally in accordance with section sixty-five of
27 this title who receives a permanent appointment to the same title imme-
28 diately following the provisional appointment shall have all time spent
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07676-02-4
A. 8514 2
1 as a provisional appointment credited to any probationary term that is
2 required upon permanent appointment to a position.
3 § 2. This act shall take effect on the same date and in the same
4 manner as a chapter of the laws of 2023 amending the civil service law
5 relating to crediting of probationary service, as proposed in legisla-
6 tive bills numbers S. 5494 and A. 7155, takes effect.
