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A07155 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                      May 11, 2023
        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
          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  chapter  175  of  the  laws  of 1989, is amended to read as
     3  follows:
     4    1. Every original appointment to a position in the  competitive  class
     5  and  every interdepartmental promotion from a position in one department
     6  or agency to a position in another department or agency shall be  for  a
     7  probationary   term;  provided,  however,  that  upon  interdepartmental
     8  promotion the appointing officer may waive the requirement of  satisfac-
     9  tory  completion  of  the  probationary  term.  The  state civil service
    10  commission and municipal civil service commissions may provide, by rule,
    11  for probationary service upon intradepartmental promotion  to  positions
    12  in  the  competitive  class  and  upon  appointment  to positions in the
    13  exempt, non-competitive or labor classes.
    14    When probationary service is required  upon  promotion,  the  position
    15  formerly  held  by  the person promoted shall be held open [for him] and
    16  shall not be filled, except on a temporary basis, pending completion  of
    17  his probationary term.
    18    Notwithstanding  the foregoing or any other law or rule to the contra-
    19  ry, when a permanent appointment or  promotion  to  a  position  in  the
    20  competitive class is conditioned upon the completion of a term of train-
    21  ing  service  or  of  a period of service in a designated trainee title,
    22  such service and the probationary term  for  such  competitive  position
    23  shall run concurrently.
    24    Notwithstanding  the foregoing or any law or rule to the contrary, any
    25  person appointed provisionally in accordance with section sixty-five  of

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

        A. 7155                             2
     1  this  title who receives a permanent appointment to the same title shall
     2  have all time spent as a provisional appointment credited to any  proba-
     3  tionary term that is required upon permanent appointment to a position.
     4    § 2. This act shall take effect immediately.
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