New York State Assembly

 
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A11241 Summary:

A11241 Actions:

A11241 Committee Votes:

Committee:GOVERNMENTAL EMPLOYEES   Chair:Abbate      
DATE:06/18/2018AYE/NAY:13/0  Action: Favorable refer to committee Rules        
Abbate
Aye
Malliotakis
Aye
Aubry
Aye
Johns
Aye
Colton
Aye
Palumbo
Aye
Cusick
Aye
Crouch
Aye
Zebrowski
Aye
DenDekker
Aye
Santabarbara
Aye
Brindisi
Excused
D'Urso
Aye
Pheffer Amato
Aye

Committee:RULES   Chair:Heastie      
DATE:06/19/2018AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Aye
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye

A11241 Floor Votes:

A11241 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11241
 
                   IN ASSEMBLY
 
                                      June 16, 2018
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of 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  provisional
          employees  of certain public employers; to amend chapter 5 of the laws
          of 2008 amending the civil service law relating to provisional employ-
          ees of certain public employers, in relation to extensions of  certain
          negotiated  agreements  and  extending the provisions of such chapter;
          and to amend part I of chapter 56 of the laws  of  2008  amending  the
          civil  service  law relating to excess provisional employees of a city
          having a population of one million or more, in relation  to  extending
          the provisions thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Statement of legislative findings and intent. The  legisla-
     2  ture  hereby  finds  that  the  city of New York and other employers for
     3  which the New York city department of citywide  administrative  services
     4  ("DCAS")  manages civil service appointments ("the DCAS employers") have
     5  made substantial progress in reducing the number of provisional appoint-
     6  ments since the inception of the planning process created by  chapter  5
     7  of the laws of 2008. Through its implementation of automated systems for
     8  processing  civil  service  examinations  and by increasing its staff of
     9  professional examiners, DCAS has enhanced  its  capacity  to  administer
    10  competitive  examinations.  These  technological  advancements, together
    11  with DCAS's judicious administration  of  qualified  incumbent  examina-
    12  tions, as authorized by chapter 467 of the laws of 2016, and the reclas-
    13  sification  of  titles,  as approved by the New York state civil service
    14  commission, has led to a steady and continuing reduction  in  the  total
    15  number  of  provisional  appointees in the New York city government work
    16  force, and to a decrease in the number of those appointees who  continue
    17  in  provisional status beyond the time limits set forth in section 65 of
    18  the civil service law. The legislature  finds  that  the  constitutional
    19  mandate  of  making  appointments and promotions "according to merit and
    20  fitness to be ascertained, as far as practicable, by examinations which,
    21  as far as practicable, shall be  competitive,"  would  be  furthered  by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15982-04-8
        A. 11241                            2
 
     1  maintaining,  for an additional defined period, the orderly planning and
     2  implementation process, including review  by  the  state  civil  service
     3  commission, originally established by that chapter and later extended by
     4  chapter 284 of the laws of 2014 and by chapter 467 of the laws of 2016.
     5    Despite  the  progress  DCAS has made, the difficulties created by the
     6  large number of affected titles and employees, and the potential  opera-
     7  tional  and  budgetary dislocation, as well as potential difficulties in
     8  labor relations, that would be caused by  rapid  turnover  in  the  many
     9  remaining  titles,  require  that DCAS continue to further the constitu-
    10  tional mandate by the means authorized by chapter 467  of  the  laws  of
    11  2016.  In  particular,  thousands  of provisional employees have crucial
    12  experience in implementing and directing key  initiatives  that  benefit
    13  the public. Therefore, in addition to the substantial regimen of compet-
    14  itive  testing  that was contained in previous plans as well as proposed
    15  reclassification of titles where  appropriate,  DCAS  is  authorized  to
    16  continue  to  administer  an  examination  to provisional employees with
    17  specified  qualifications  and  experience.  This  examination,  in  the
    18  context of the present plan, will facilitate lawful appointment of these
    19  employees to permanent competitive class positions, and thereby acceler-
    20  ate  the  transition  of  the  DCAS  employers to a system that does not
    21  require substantial use of provisional appointments.
    22    § 2. Subparagraph (ii) of paragraph (c-2) of subdivision 5 of  section
    23  65  of  the  civil  service  law, as added by chapter 467 of the laws of
    24  2016, is amended to read as follows:
    25    (ii) DCAS may administer a QIE only for  those  titles  that  are  set
    26  forth  in  section four of [the] chapter four hundred sixty-seven of the
    27  laws of two thousand sixteen, or in section five of the chapter  of  the
    28  laws  of  two  thousand  eighteen  that [added] amended this [paragraph]
    29  subparagraph.
    30    § 3. Subdivision 5 of section 65 of the civil service law  is  amended
    31  by adding a new paragraph (c-4) to read as follows:
    32    (c-4) Additional plan revision for provisional employees. Within sixty
    33  days  after  the  effective  date  of this paragraph, the DCAS employers
    34  shall be required to submit to the state commission for its  approval  a
    35  single comprehensive revision of the plan prepared pursuant to paragraph
    36  (b) of this subdivision, to be implemented by December thirty-first, two
    37  thousand  twenty-one,  to  further  reduce  the  number  of  provisional
    38  appointments that have continued beyond the periods otherwise  permitted
    39  by this section. Such revised plan may additionally contain any elements
    40  or  means of implementation authorized by paragraph (b) of this subdivi-
    41  sion. The revised plan shall be supported by  appropriate  documentation
    42  and  explanation,  and  the  information  contained in the plan shall be
    43  confirmed by the commissioner of DCAS as accurate to the best of his  or
    44  her  knowledge, based on a reasonable inquiry by DCAS into the facts set
    45  forth therein. Within sixty days of the submission  of  such  plan,  the
    46  state  commission shall approve the revised plan, with or without recom-
    47  mended changes, or disapprove it. The approval process  shall  otherwise
    48  conform  to  the timeframes and procedures set forth in paragraph (c) of
    49  this subdivision. Notwithstanding any  inconsistent  provision  of  this
    50  subdivision,  this subdivision shall no longer be in force and effect if
    51  no revised plan has been approved by the state commission  within  eigh-
    52  teen months from the effective date of this paragraph.
    53    § 4. Paragraphs (d), (f) and (g) of subdivision 5 of section 65 of the
    54  civil  service  law,  as amended by chapter 467 of the laws of 2016, are
    55  amended to read as follows:
        A. 11241                            3
 
     1    (d) Modifications of the plan. During the course of  implementing  the
     2  plan  developed, approved and revised in accordance with paragraphs (b),
     3  (c), (c-1) [and], (c-3) and (c-4)  of  this  subdivision,  if  the  DCAS
     4  employers  determine that there is a need to modify the plan, they shall
     5  submit  a  request for modification of the plan to the state commission.
     6  Such request shall detail the circumstances that have arisen necessitat-
     7  ing the request, including but not limited to  unforeseen  demands  upon
     8  resources,  unforeseen  projected  impacts  upon the provision of public
     9  services, or a finding that implementation of any part of  the  plan  is
    10  impracticable,  unduly  burdensome  or  otherwise  likely to prevent the
    11  successful implementation of the plan or any aspect thereof.  The  state
    12  commission  shall  act  upon  the  request for modification within sixty
    13  days. The state commission may in its discretion approve  the  modifica-
    14  tion,  approve  the modification with recommended changes, or disapprove
    15  the modification; provided, however, that if the state commission  takes
    16  no  action  within  such period, it shall be deemed to have approved the
    17  modification, and provided further that if the  changes  recommended  by
    18  the state commission are not accepted by the DCAS employers within thir-
    19  ty  days,  the modification shall be deemed disapproved. Notwithstanding
    20  any inconsistent provision of this paragraph, where  a  modification  is
    21  insubstantial,  and  will  not materially affect the ability of the DCAS
    22  employers to reduce the number of provisional appointments in accordance
    23  with paragraph (c-1) [or], (c-3) or (c-4), as applicable, of this subdi-
    24  vision, DCAS may so certify and the modification may be implemented  and
    25  shall  be  filed  by DCAS with the state commission within five business
    26  days. In the event that a request for modification is  disapproved,  the
    27  plan previously in effect shall remain in effect, provided that the DCAS
    28  employers  may  at  any  time  submit  a  new proposed modification. Any
    29  modification approved pursuant to this paragraph may extend the duration
    30  of a plan to a date no more than one year  beyond  the  two-year  period
    31  authorized by paragraph (c-3) of this subdivision.
    32    (f)  Time  limitation.  Notwithstanding  any inconsistent provision of
    33  this chapter or any other law or rule to the contrary, the provisions of
    34  subdivision two of this section shall not apply to DCAS  employers  upon
    35  the  effective  date  of chapter five of the laws of two thousand eight,
    36  and during the timely submission, approval and implementation of a  plan
    37  in  accordance with paragraphs (b), (c) and (e) of this subdivision, and
    38  of revised plans in accordance with paragraphs (c-1)  [and],  (c-3)  and
    39  (c-4)  of  this  subdivision.  The provisions of subdivision two of this
    40  section shall be applicable to any provisional  employee  serving  in  a
    41  position  for  which  an  appropriate eligible list has been established
    42  pursuant to such plan or revised plans, unless such list is not adequate
    43  to fill all positions then held on a provisional basis or  is  exhausted
    44  immediately following its establishment.
    45    (g)  Agreements governing disciplinary procedures. Notwithstanding any
    46  inconsistent provision of this chapter or any other law or rule  to  the
    47  contrary,  any  DCAS employer and an employee organization, as such term
    48  is defined in article fourteen of this chapter, may  enter  into  agree-
    49  ments  to  provide  disciplinary  procedures  applicable  to provisional
    50  appointees or categories thereof who have served for a period  of  twen-
    51  ty-four  months or more in a position which is covered by such an agree-
    52  ment. No such provisional employee shall be  deemed  to  be  permanently
    53  appointed under such circumstances, nor may such disciplinary procedures
    54  be  deemed  to preclude removal of an employee as a result of the estab-
    55  lishment of and appointments from an appropriate  eligible  list  or  in
    56  accordance with any other provision of law. Any such agreement may apply
        A. 11241                            4
 
     1  upon  the  effective  date  of  chapter five of the laws of two thousand
     2  eight, and during the timely submission, approval and implementation  of
     3  a  plan  in accordance with paragraphs (b), (c) and (e) of this subdivi-
     4  sion,  and  of  revised plans in accordance with paragraphs (c-1) [and],
     5  (c-3) and (c-4) of this subdivision, and shall not apply to  any  provi-
     6  sional  employee serving in a position for which an appropriate eligible
     7  list has been established pursuant to a plan approved in accordance with
     8  this subdivision unless such list is not adequate to fill all  positions
     9  then  held  on a provisional basis or is exhausted immediately following
    10  its establishment.
    11    § 5. Subdivision 5 of section 65 of the civil service law  is  amended
    12  by adding a new paragraph (h) to read as follows:
    13    (h)  (i)  If the DCAS employers are not in substantial compliance with
    14  the time periods permitted by subdivisions one, two, three and  four  of
    15  this  section  by December thirty-first, two thousand twenty-one, as set
    16  forth in the report submitted by DCAS pursuant to subparagraph  (ii)  of
    17  this  paragraph, then an advisory workgroup for provisional appointments
    18  in the city of New York ("advisory workgroup") shall be established. The
    19  advisory workgroup shall consist of six members, one of  whom  shall  be
    20  appointed by the governor, one of whom shall be appointed by the speaker
    21  of  the assembly, one of whom shall be appointed by the temporary presi-
    22  dent of the senate, two of whom shall be appointed by the mayor  of  the
    23  city  of  New York, including one recommended by the citywide bargaining
    24  representative, and one of whom shall be appointed by  the  commissioner
    25  of  the  New  York  city  department of citywide administrative services
    26  (DCAS).  The advisory workgroup shall be chaired by a member  designated
    27  by  the  mayor. The advisory workgroup shall submit to the governor, the
    28  state legislature and the mayor a single recommended plan for  the  DCAS
    29  employers  to  substantially  comply  with the time periods permitted by
    30  subdivisions one, two, three and four of this section, to be adopted  by
    31  or  pursuant  to  state legislation. For the purposes of this paragraph,
    32  "substantial compliance" shall have the  same  meaning  as  provided  in
    33  paragraph  (b)  of  this subdivision. Such recommended plan may include,
    34  but shall not be limited to, a schedule for administration  of  examina-
    35  tions and establishment of eligible lists, a determination of additional
    36  appropriate existing or planned eligible lists that may be used, consol-
    37  idation  of  titles  through appropriate reclassification, and any other
    38  lawful and appropriate means of  implementation.  The  recommended  plan
    39  shall  to  the extent practicable be supported by appropriate documenta-
    40  tion and explanation.
    41    (ii) DCAS shall submit a progress report to the governor,  speaker  of
    42  the  assembly,  temporary  president  of the senate and the mayor of the
    43  city of New York no later than December thirty-first, two thousand twen-
    44  ty. Such report shall contain numbers that are as current as practicable
    45  and shall include the total number of provisional  appointments  remain-
    46  ing,  the number of provisional appointments that have been reduced, the
    47  number of provisional appointments that still  need  to  be  reduced  in
    48  order  to achieve substantial compliance as provided by paragraph (b) of
    49  this subdivision, and a statement of whether DCAS  believes  substantial
    50  compliance  with the timeframes permitted by this section as provided by
    51  paragraph (b) of this subdivision can be achieved  by  December  thirty-
    52  first, two thousand twenty-one.
    53    § 6. The New York city department of citywide administrative services,
    54  acting pursuant to paragraph (c-2) of subdivision 5 of section 65 of the
    55  civil service law, as amended by section two of this act, may administer
    56  qualified incumbent examinations, in addition to examinations authorized
        A. 11241                            5
 
     1  to  be  administered  pursuant  to  chapter  467 of the laws of 2016, in
     2  connection with appointment to the following titles:
     3    10070 ADMINISTRATIVE BENEFITS MANAGER (TRANSIT AUTHORITY)
     4    10054 ADMINISTRATIVE BLASTING INSPECTOR
     5    10014 ADMINISTRATIVE CONSULTANT (EARLY CHILDHOOD EDUCATION)
     6    10028 ADMINISTRATIVE NUTRITIONIST
     7    10029 ADMINISTRATIVE PROBATION OFFICER
     8    82997 ADMINISTRATIVE TRANSIT CUSTOMER SERVICE SPECIALIST
     9    21215 ARCHITECT
    10    91504 ASSISTANT CAPTAIN (FERRY SERVICE)
    11    20210 ASSISTANT CIVIL ENGINEER
    12    20310 ASSISTANT ELECTRICAL ENGINEER
    13    20410 ASSISTANT MECHANICAL ENGINEER
    14    71141 ASSOCIATE FINGERPRINT TECHNICIAN
    15    22508 ASSOCIATE HOUSING DEVELOPMENT SPECIALIST
    16    31640 ASSOCIATE INSPECTOR (BOILERS)
    17    31644 ASSOCIATE INSPECTOR (ELEVATOR)
    18    31647 ASSOCIATE INSPECTOR (HOISTS AND RIGGING)
    19    31695 ASSOCIATE INSPECTOR (HOUSING CONSTRUCTION)
    20    31676 ASSOCIATE INSPECTOR (LOW PRESSURE BOILERS)
    21    31649 ASSOCIATE INSPECTOR (PLUMBING)
    22    21514 ASSOCIATE LABORATORY MICROBIOLOGIST
    23    34193 ASSOCIATE QUALITY ASSURANCE SPECIALIST (FUEL)
    24    34196 ASSOCIATE QUALITY ASSURANCE SPECIALIST (PUPIL TRANSPORTATION)
    25    80122 ASSOCIATE REAL PROPERTY MANAGER
    26    31685 ASSOCIATE REHABILITATION SPECIALIST (HPD)
    27    60866 ASSOCIATE TRANSIT CUSTOMER SERVICE SPECIALIST
    28    92501 AUTO BODY WORKER
    29    20130 AUTOMOTIVE SPECIALIST
    30    92305 BLACKSMITH
    31    92306 BLACKSMITH'S HELPER
    32    90751 BOILER MAKER
    33    91805 BRIDGE PAINTER
    34    91510 CAPTAIN (FERRY)
    35    92605 CAR MAINTAINER - GROUP B
    36    91810 CAR MAINTAINER - GROUP C
    37    90706 CARRIAGE UPHOLSTERER
    38    30726 CLAIM SPECIALIST
    39    91900 COLLECTION SUPERVISOR (REVENUE)
    40    51014 CONSULTANT PUBLIC HEALTH NURSE (COMMUNICABLE DISEASES)
    41    50310 DIETITIAN
    42    40910 ECONOMIST
    43    20302 ELECTRICAL ENGINEERING INTERN
    44    20113 ENGINEERING TECHNICIAN
    45    20123 ESTIMATOR (MECHANICAL)
    46    81560 FERRY TERMINAL SUPERVISOR
    47    71105 FINGERPRINT TECHNICIAN TRAINEE
    48    90716 GLAZIER
    49    91415 GRAPHIC ARTIST
    50    81901 HOSTLER
    51    33995 INSPECTOR (CONSUMER AFFAIRS)
    52    31627 INSPECTOR (HOISTS AND RIGGING)
    53    31690 INSPECTOR (HOUSING CONSTRUCTION)
    54    31671 INSPECTOR (LOW PRESSURE BOILERS)
    55    31629 INSPECTOR (PLUMBING)
    56    31656 INSPECTOR MULTI DISCIPLINE
        A. 11241                            6
 
     1    3165A INSPECTOR MULTI DISCIPLINE ABI L211
     2    91000 INSTRUMENTATION SPECIALIST TRAINEE
     3    40235 INSURANCE ADVISOR
     4    12752 LABOR RELATIONS ANALYST TRAINEE
     5    21513 LABORATORY MICROBIOLOGIST
     6    21306 LANDSCAPE ARCHITECTURAL INTERN
     7    30081 LEGAL COORDINATOR
     8    1022A LEGAL SECRETARIAL ASSISTANT AL 2-3-4 ONLY
     9    91825 LETTERER AND SIGN PAINTER
    10    90723 LOCKSMITH
    11    91878 MAINTENANCE SUPERVISOR (ELEVATORS AND ESCALATORS)
    12    91882 MAINTENANCE SUPERVISOR (POWER ELECTRONICS)
    13    91883 MAINTENANCE SUPERVISOR (SIGNALS)
    14    91886 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP A-CARPENTRY)
    15    91888 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP C-IRON WORK)
    16    91891 MAINTENANCE SUPERVISOR (STRUCTURES-GROUP F-PAINTING)
    17    91894 MAINTENANCE SUPERVISOR (TELEPHONES)
    18    91544 MARINE ENGINEER (DC)
    19    92587 MARINE MAINTENANCE MECHANIC
    20    20403 MECHANICAL ENGINEERING INTERN
    21    91225 METAL WORK MECHANIC
    22    30505 MORTGAGE TAX EXAMINER
    23    91210 MOTOR GRADER OPERATOR
    24    91232 MOTOR VEHICLE SUPERVISOR
    25    22401 MULTIPLE DWELLING SPECIALIST (BUILDINGS)
    26    91237 OIL BURNER SPECIALIST
    27    90610 PHOTOGRAPHER
    28    91752 POWER ELECTRONIC MAINTAINER
    29    91738 POWER MAINTAINER, GROUP B
    30    71165 PRINCIPAL FINGERPRINT TECHNICIAN
    31    22402 PRINCIPAL MULTIPLE DWELLING SPECIALIST (BUILDINGS)
    32    92123 PRINTING PRESS OPERATOR
    33    51800 PROBATION ASSISTANT
    34    51801 PROBATION OFFICER TRAINEE
    35    60621 PROGRAM PRODUCER
    36    51195 PUBLIC HEALTH ADVISOR (SCHOOL HEALTH)
    37    81805 PUBLIC HEALTH ASSISTANT
    38    81815 PUBLIC HEALTH ASSISTANT (SCHOOL HEALTH)
    39    34172 QUALITY ASSURANCE SPECIALIST (AUTOMOTIVE EQUIPMENT)
    40    34176 QUALITY ASSURANCE SPECIALIST (FOODS)
    41    34183 QUALITY ASSURANCE SPECIALIST (PUPIL TRANSPORTATION)
    42    34170 QUALITY ASSURANCE SPECIALIST TRAINEE
    43    80102 REAL PROPERTY ASSISTANT
    44    90736 RUBBER TIRE REPAIRER
    45    21538 SCIENTIST (WATER ECOLOGY)
    46    20131 SENIOR AUTOMOTIVE SPECIALIST
    47    51638 SENIOR CONSULTANT (PUBLIC HEALTH SOCIAL WORK)
    48    51263 SENIOR MENTAL HEALTH WORKER
    49    12176 SENIOR SALVAGE APPRAISER
    50    51239 STAFF AUDIOLOGIST
    51    91840 STRUCTURE MAINTAINER - GROUP F
    52    91845 STRUCTURE MAINTAINER - GROUP G
    53    92170 SUPERVISING BOOKBINDER
    54    81660 SUPERVISING DOCKMASTER
    55    51196 SUPERVISING PUBLIC HEALTH ADVISOR (SCHOOL HEALTH)
    56    51193 SUPERVISING PUBLIC HEALTH ADVISOR
        A. 11241                            7
 
     1    90776 SUPERVISOR BOILER MAKER
     2    91871 SUPERVISOR BRIDGE PAINTER
     3    90778 SUPERVISOR GLAZIER
     4    92376 SUPERVISOR OF IRONWORK
     5    21015 SURVEYOR
     6    91215 TRACTOR OPERATOR
     7    31715 TRAFFIC CONTROL INSPECTOR
     8    13116 TRANSIT MANAGEMENT ANALYST TRAINEE
     9    20822 TRANSIT RAILCAR TECHNOLOGY SPECIALIST (OPERATIONS)
    10    20820 TRANSIT RAILCAR TECHNOLOGY SPECIALIST INTERN
    11    92355 WELDER
    12    91611 CRANE OPERATOR (ANY MOTIVE POWER EXCEPT STEAM)
    13    §  7.  Sections 3 and 5 of chapter 5 of the laws of 2008, amending the
    14  civil service law relating to provisional employees  of  certain  public
    15  employers, as amended by chapter 467 of the laws of 2016, are amended to
    16  read as follows:
    17    § 3. Any agreement or extension thereof entered into pursuant to para-
    18  graph  (g)  of  subdivision 5 of section 65 of the civil service law, as
    19  added by section two of this act and subsequently amended in 2014 [and],
    20  2016 and 2018, may include protections  for  provisional  employees  who
    21  were  covered,  prior  to  the effective date of this act, by agreements
    22  similar to those authorized by such paragraph. Any agreement  or  exten-
    23  sion  thereof  entered  into pursuant to such paragraph may include, but
    24  shall not be limited to, the appropriate  arbitration,  adjudication  or
    25  other  disposition  of  disciplinary  or other matters concerning provi-
    26  sional employees that were pending on the effective date of this act.
    27    § 5. This act shall take effect immediately, and shall expire December
    28  31, [2018] 2021 when upon such date the provisions of this act shall  be
    29  deemed repealed.
    30    §   8. Section 2 of part I of chapter 56 of the laws of 2008, amending
    31  the civil service law relating to excess provisional employees of a city
    32  having a population of one million or more, as amended by chapter 467 of
    33  the laws of 2016, is amended to read as follows:
    34    § 2. This act shall take effect immediately and shall  expire  and  be
    35  deemed repealed December 31, [2018] 2021.
    36    §  9. If any section, subdivision, paragraph, clause, sentence, phrase
    37  or other portion of this act is, for any  reason,  declared  unconstitu-
    38  tional or invalid, in whole or in part, by any court of competent juris-
    39  diction,  such  portion  shall be deemed severable, and such unconstitu-
    40  tionality or invalidity shall not affect the validity of  the  remaining
    41  portions  of  this  act, which remaining portions shall continue in full
    42  force and effect.
    43    § 10. This act shall take effect immediately; provided, however,  that
    44  the  amendments  to subdivision 5 of section 65 of the civil service law
    45  made by sections two, three, four and five of this act shall not  affect
    46  the  repeal  of such subdivision and shall be deemed repealed therewith;
    47  and provided further that the amendments to section 3 of  chapter  5  of
    48  the  laws of 2008 made by section seven of this act shall not affect the
    49  repeal of such section and  shall  be  deemed  repealed  therewith;  and
    50  provided further that eligible lists and appointments resulting from the
    51  qualified  incumbent  examinations  administered  pursuant  to paragraph
    52  (c-2) of subdivision 5 of section  65  of  the  civil  service  law,  as
    53  amended by section two of this act, shall not be affected by the expira-
    54  tion and repeal of such subdivision.