NY State Senate Bill 2009-S5630

Senate Bill S5630

2009-2010 Legislative Session

Prohibits transfer of civil service employees to a higher salary grade if at time of the transfer there is an eligible list, preferred list, or re-employment roster

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
May 22, 2009	referred to civil service and pensions

2009-S5630 (ACTIVE) - Details

See Assembly Version of this Bill:: A8227
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §§52 & 70, Civ Serv L

2009-S5630 (ACTIVE) - Summary

Prohibits the transfer of civil service employees to higher salary grade than the position held by the employee prior to the transfer if at the time of the transfer there is an eligible list, preferred list, or re-employment roster for such position, unless said transfer is to a position within the same title.

2009-S5630 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5630

 TITLE OF BILL :

An act to amend the civil service law, in relation to prohibiting the
transfer of civil service employees in certain situations


 PURPOSE :

This bill would prohibit the transfer of civil service employees as of
the date of such transfer there is an existing valid eligible list or
preferred list or re-employment roster for such position.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill amends section 52 of the civil service law, to provide that
transfers shall be allowed between administrative positions in the
same or related or collateral specialties which involve substantially
equivalent tests or qualifications, subject to such conditions and
limitations as the state civil service department may prescribe,
provided, however, that no such transfer shall be allowed to a
position in the service of the state if at the date of such transfer
there is an existing, valid eligible list or preferred list or
re-employment roster for such position.

This bill would also amend section 70 of the civil service law to
provide in the general provisions governing transfers of employees
that no employee shall be transferred to a position in the service of
the state if at the date of such transfer there is an existing, valid
eligible list or preferred list or re-employment roster for such
position, unless the transfer is to a position with the same title.

 JUSTIFICATION :

The purpose of the civil service system is to ensure employment and
promotion on the basis of merit, education and talent. This bill seeks
to preserve the integrity of that system by preventing the
circumvention of such system through the use of geographic transfer of
state employees.

 PRIOR LEGISLATIVE HISTORY :

1999 Session: S.5482/ A.8137 - new bill - no significant action
2000 Session: S.5482/ A.8137 - no significant action
2001 Session: S.2536/ A.4871- no significant action
2002 Session: S.2536/ A.10139 - no significant action
2003 Session: S.3885/A.4968 - no significant action
2004 Session: S.3885/A.4968 - no significant action
2005 Session: S.3525/A.6380 - no significant action
2006 Session: S.3525/A.6380 - no significant action
2007 Session: S.4821/A.8138 - no significant action
2008 Session: S.4821/A.8138 - passed Assembly

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5630 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5630

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 22, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law, in relation  to  prohibiting  the
  transfer of civil service employees in certain situations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (c) of subdivision 6 of section 52 of  the  civil
service  law, as added by chapter 790 of the laws of 1958, is amended to
read as follows:
  (c) Transfers shall be allowed between administrative positions in the
same or related or collateral specialties  which  involve  substantially
equivalent tests or qualifications, subject to such conditions and limi-
tations  as  the state civil service department may prescribe, PROVIDED,
HOWEVER, THAT NO SUCH TRANSFER SHALL BE ALLOWED TO  A  POSITION  IN  THE
SERVICE OF THE STATE WHICH IS IN A HIGHER SALARY GRADE THAN THE POSITION
HELD BY THE EMPLOYEE PRIOR TO THE TRANSFER IF AT THE DATE OF SUCH TRANS-
FER  THERE  IS  AN  EXISTING,  VALID  ELIGIBLE LIST OR PREFERRED LIST OR
RE-EMPLOYMENT ROSTER FOR SUCH POSITION.
  S 2. Subdivision 1 of section 70 of the civil service law, as  amended
by chapter 718 of the laws of 1993, is amended to read as follows:
  1. General provisions. Except as provided in subdivisions four and six
of this section no employee shall be transferred to a position for which
there  is required by this chapter or the rules established hereunder an
examination involving essential tests or qualifications  different  from
or  higher  than  those required for the position held by such employee.
The state and municipal commissions may adopt rules governing  transfers
between  positions  in their respective jurisdictions and may also adopt
reciprocal rules providing  for  the  transfer  of  employees  from  one
governmental  jurisdiction  to another. No employee shall be transferred
without his or her consent except as provided in subdivision six of this
section or  upon the transfer of functions as  provided  in  subdivision

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11767-01-9

S. 5630                             2

two  of this section.  NO EMPLOYEE SHALL BE TRANSFERRED PURSUANT TO THIS
SUBDIVISION TO A POSITION IN THE SERVICE OF THE  STATE  WHICH  IS  IN  A
HIGHER  SALARY GRADE THAN THE POSITION HELD BY THE EMPLOYEE PRIOR TO THE
TRANSFER  IF  AT  THE  DATE OF SUCH TRANSFER THERE IS AN EXISTING, VALID
ELIGIBLE LIST OR PREFERRED LIST OR RE-EMPLOYMENT ROSTER FOR  SUCH  POSI-
TION, UNLESS SAID TRANSFER IS TO A POSITION WITHIN THE SAME TITLE.
  S 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.