STATE OF NEW YORK
2023-2024 Regular Sessions
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
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
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.