S T A T E O F N E W Y O R K
________________________________________________________________________
8672
2009-2010 Regular Sessions
I N A S S E M B L Y
June 3, 2009
___________
Introduced by 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 the transfer of
certain employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 78 of the civil service law, as
amended by chapter 5 of the laws of 1997, is amended to read as follows:
1. Where necessitated by reasons of economy, efficiency, consolidation
or abolition of functions, curtailment of activities or otherwise,
employees [may] SHALL be transferred, without further examination, from
one agency or department of the state, or from the Roswell Park Cancer
Institute [as defined in subparagraph (i) of paragraph d of section one
of chapter forty-one of the laws of nineteen hundred ninety-seven, as
amended], to positions in the same title or any comparable title, as
determined by the department, in another department or agency of the
state. Where more than one employee in the title and location from which
transfer is to be made is eligible and willing to accept transfer, the
department shall place the names of those employees upon a transfer
list, and certify such list for filling vacancies, as hereinafter
provided, first, in the same position; second, in any position in a
lower grade in line of promotion; and third, in any comparable position.
Such transfer list [may] MUST be certified for filling a vacancy in any
such position before certification is made from any other eligible list,
placement roster, reemployment or preferred list, except as provided in
subdivision four of this section.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14136-01-9