Assembly Bill A3755

2023-2024 Legislative Session

Relates to prohibiting retroactive minimum conditions of employment

download bill text pdf

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A3755 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Add §54-a, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:
A9823

2023-A3755 (ACTIVE) - Summary

Relates to prohibiting retroactive minimum conditions of employment; provides that the employment of an employee who met the minimum qualifications or conditions for employment at the time of appointment may not be terminated or separated from service based on any new qualifications or conditions of employment enacted after the date of appointment to such civil service position.

2023-A3755 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3755
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 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 prohibiting retro-
   active minimum conditions of employment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  civil service law is amended by adding a new section
 54-a to read as follows:
   § 54-A. RETROACTIVE MINIMUM CONDITIONS OF EMPLOYMENT.  NOTWITHSTANDING
 ANY PROVISION OF LAW TO THE CONTRARY, THE STATE OR ANY POLITICAL  SUBDI-
 VISION  OR  AUTHORITY  THEREOF SHALL NOT RETROACTIVELY APPLY NEW MINIMUM
 QUALIFICATIONS OR CONDITIONS OF EMPLOYMENT FOR ANY CIVIL  SERVICE  POSI-
 TION.  THE  EMPLOYMENT OF AN EMPLOYEE WHO MET THE MINIMUM QUALIFICATIONS
 OR CONDITIONS FOR EMPLOYMENT AT THE  TIME  OF  APPOINTMENT  MAY  NOT  BE
 TERMINATED  OR SEPARATED FROM SERVICE BASED ON ANY NEW QUALIFICATIONS OR
 CONDITIONS OF EMPLOYMENT ENACTED AFTER THE DATE OF APPOINTMENT  TO  SUCH
 CIVIL  SERVICE  POSITION.    ANY  EMPLOYEE  TERMINATED OR SEPARATED FROM
 SERVICE IN VIOLATION OF THIS SECTION SHALL BE REINSTATED TO SERVICE  AND
 DEEMED TO HAVE BEEN IN CONTINUOUS SERVICE FOR ALL PURPOSES.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in effect on and after March 16, 2020.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07881-01-3

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