S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1392
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by M. of A. ZEBROWSKI, JAFFEE, GOTTFRIED, GUNTHER, COLTON --
   Multi-Sponsored by -- M. of A. GALEF, RAIA -- read once  and  referred
   to the Committee on Governmental Employees
 
 AN  ACT  to  amend  the  civil  service  law, in relation to retaliation
   against other jurisdictions which discriminate against hiring New York
   state residents

   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 13
 to read as follows:
   §  13.  PROVISIONS RELATING TO RETALIATING AGAINST OTHER JURISDICTIONS
 WHICH DISCRIMINATE AGAINST HIRING NEW YORK STATE RESIDENTS. 1.  FOR  THE
 PURPOSES OF THIS SECTION:
   A.  "DISCRIMINATORY  JURISDICTION"  SHALL MEAN ANY STATE THAT HAS LAWS
 THAT DISCRIMINATE AGAINST NEW YORK STATE RESIDENTS BY PROHIBITING PUBLIC
 EMPLOYERS IN SUCH STATE FROM EMPLOYING OUT OF STATE RESIDENTS.
   B. "PRIMARY RESIDENCE" SHALL MEAN WHERE A PERSON SPENDS  THE  MAJORITY
 OF  HIS OR HER NON-WORKING TIME; AND WHICH IS MOST CLEARLY THE CENTER OF
 HIS OR HER DOMESTIC LIFE; AND WHICH IS DESIGNATED AS HIS  OR  HER  LEGAL
 ADDRESS AND LEGAL RESIDENCE FOR VOTING.
   C. "PUBLIC EMPLOYERS" SHALL MEAN THE FOLLOWING EMPLOYERS:
   (1) THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCH OF THIS STATE;
   (2)  AN AUTHORITY, BOARD, BODY, AGENCY, COMMISSION, OR INSTRUMENTALITY
 OF THE STATE INCLUDING ANY STATE COLLEGE, UNIVERSITY,  OR  OTHER  HIGHER
 EDUCATIONAL  INSTITUTION,  AND,  TO  THE EXTENT CONSISTENT WITH LAW, ANY
 INTERSTATE AGENCY TO WHICH THE STATE IS A PARTY;
   (3) A COUNTY, MUNICIPALITY, OR  OTHER  POLITICAL  SUBDIVISION  OF  THE
 STATE  OR  AN  AUTHORITY,  BOARD, BODY, AGENCY, DISTRICT, COMMISSION, OR
 INSTRUMENTALITY OF THE COUNTY, MUNICIPALITY, OR SUBDIVISION;
   (4) A SCHOOL DISTRICT OR AN AUTHORITY, BOARD,  BODY,  AGENCY,  COMMIS-
 SION, OR INSTRUMENTALITY OF THE DISTRICT.
   D. "UNDUE HARDSHIP" SHALL MEAN AN ACCOMMODATION WHICH REQUIRES SIGNIF-
 ICANT EXPENSE AND DIFFICULTY TO OBTAIN, AND PLACES AN UNAVOIDABLE BURDEN
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01844-02-7

 A. 1392                             2
 
 ON  THE  HEALTH  AND  WELLBEING OF THE PROSPECTIVE EMPLOYEE AND/OR THEIR
 IMMEDIATE FAMILY MEMBERS.
   2.  THE COMMISSION SHALL ANNUALLY PREPARE A LIST OF ALL DISCRIMINATORY
 JURISDICTIONS. THE COMMISSION SHALL ADD TO OR DELETE FROM SAID LIST  ANY
 JURISDICTION UPON CHANGES IN SUCH JURISDICTION'S LAWS THAT DEEM A CHANGE
 IN  DESIGNATION.  THE COMMISSION SHALL DELIVER A COPY OF THE LIST BY THE
 END OF EACH CALENDAR YEAR TO ALL PUBLIC EMPLOYERS IN THE  STATE  OF  NEW
 YORK  AS  DEFINED  IN THIS SECTION AND DETAIL THE EFFECTIVE DATE OF SUCH
 LIST.
   3. UPON THE EFFECTIVE DATE OF A LIST OF DISCRIMINATORY  JURISDICTIONS,
 A  PUBLIC  EMPLOYER SHALL NOT HIRE ANY PERSON WHOSE PRIMARY RESIDENCE IS
 LOCATED IN A DISCRIMINATORY JURISDICTION.   HOWEVER, SUCH  PERSON  SHALL
 HAVE  ONE  YEAR FROM THE DATE OF HIRE TO CHANGE HIS OR HER PRIMARY RESI-
 DENCE TO A JURISDICTION THAT IS NOT DEEMED DISCRIMINATORY BY THE COMMIS-
 SION. A PERSON WHO FAILS TO SATISFY THE  REQUIREMENTS  OF  THIS  SECTION
 FOLLOWING  THE  ONE  YEAR PERIOD FROM HIRE SHALL BE DEEMED UNFIT TO HOLD
 SUCH OFFICE, EMPLOYMENT OR  POSITION  AND  SUCH  PUBLIC  EMPLOYER  SHALL
 TERMINATE THE EMPLOYMENT IMMEDIATELY.  THE PUBLIC EMPLOYER, UPON RECEIPT
 OF  THE  LIST OR UPDATED LIST OF ALL DISCRIMINATORY JURISDICTIONS, SHALL
 REVISE ALL RELEVANT HIRING STANDARDS TO ACCOUNT  FOR  SUCH  CHANGES  AND
 DISSEMINATE TO ALL NECESSARY AUTHORITIES.
   4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS
 EMPLOYED BY A PUBLIC EMPLOYER IN THIS STATE ON THE EFFECTIVE DATE OF THE
 INITIAL LIST AND ANY SUBSEQUENT UPDATED LIST OF DISCRIMINATORY JURISDIC-
 TIONS  BY  THE  COMMISSION  AND WHERE SUCH PERSON'S PRIMARY RESIDENCE IS
 LOCATED IN A DISCRIMINATORY JURISDICTION WHICH WAS ON THE ORIGINAL  LIST
 OR HAS BEEN ADDED AND WAS NOT DESIGNATED DISCRIMINATORY ON THE LIST FROM
 THE  PREVIOUS YEAR.  THE PROVISIONS OF THIS SECTION WILL CONTINUE TO NOT
 APPLY PROVIDED SUCH PERSON CONTINUES TO  HOLD  EMPLOYMENT  BY  A  PUBLIC
 EMPLOYER  IN THE STATE WITHOUT A BREAK IN PUBLIC SERVICE OF GREATER THAN
 THIRTY DAYS.
   5. THE PROVISIONS OF THIS SECTION MAY BE WAIVED THROUGH AN APPLICATION
 THAT IS APPROVED BY THE COMMISSION.   THE APPLICATION  MUST  DEMONSTRATE
 THE  UNDUE  HARDSHIP CREATED BY THE PROVISIONS OF THIS SECTION AND HOW A
 WAIVER WOULD ALLEVIATE SUCH HARDSHIP.    THE  APPLICATION  MUST  INCLUDE
 SUPPORTING  DOCUMENTATION  DETAILING  THE  UNDUE HARDSHIP, PROVIDED, THE
 COMMISSION MAY IN ITS DISCRETION REQUEST ADDITIONAL INFORMATION FROM THE
 PERSON. AN APPLICATION SHALL BE SUBMITTED IN A MANNER PRESCRIBED BY  THE
 COMMISSION. A DETERMINATION BY THE COMMISSION MUST BE MADE IN WRITING NO
 LATER  THAN NINETY DAYS AFTER IT WAS RECEIVED. THE COMMISSION MAY EXTEND
 THE PERIOD OF REVIEW FOR AN ADDITIONAL THIRTY DAYS  IF  IT  INFORMS  THE
 APPLICANT  IN  WRITING.   IF THE APPLICATION IS DENIED, AN APPEAL MAY BE
 GRANTED AT THE DISCRETION OF THE COMMISSION.    AN  APPLICANT  THAT  WAS
 DENIED  MAY  REAPPLY  FOR  A WAIVER NO SOONER THAN SIX MONTHS AFTER SUCH
 DENIAL. A WAIVER THAT IS GRANTED BY THE COMMISSION SHALL BE VALID FOR  A
 PERIOD  OF  ONE  YEAR OR UNTIL SUCH APPLICANT HAS BEEN HIRED BY A PUBLIC
 EMPLOYER WHEREIN HE OR SHE  SHALL  BE  CONSIDERED  NOT  SUBJECT  TO  THE
 PROVISIONS  OF  THIS  SECTION  AS  PROVIDED  IN SUBDIVISION FOUR OF THIS
 SECTION.  A PERSON MAY REAPPLY FOR A WAIVER UPON  THE  EXPIRATION  OF  A
 PREVIOUSLY GRANTED WAIVER.
   §  2.  The  civil service commission is authorized to promulgate rules
 and regulations necessary for the implementation of  the  provisions  of
 this act on or before its effective date.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.