senate Bill S7750

2013-2014 Legislative Session

Relates to retaliation against other jurisdictions which discriminate against hiring New York state residents

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jun 04, 2014 referred to civil service and pensions

S7750 - Bill Details

See Assembly Version of this Bill:
A9157A
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Add ยง12, Civ Serv L

S7750 - Bill Texts

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Relates to retaliation against other jurisdictions which discriminate against hiring New York state residents.

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BILL NUMBER:S7750

TITLE OF BILL: An act to amend the civil service law, in relation to
retaliation against other jurisdictions which discriminate against
hiring New York state residents

PURPOSE: This bill will prohibit persons, whose primary residence is
in a discriminatory jurisdiction, from being hired by a public
employer in the state of New York.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the civil service law by adding a new
section 12 as it relates to retaliating against jurisdictions with
discriminatory public employment laws. The civil service commission
would be required to develop a list of discriminatory jurisdictions
which would include any state that prohibits out of state residents
from gaining employment in the public sector. Public employers in New
York State would be prohibited from hiring any person who resides in a
discriminatory jurisdiction however a person shall have up to one year
to move into a non-discriminatory jurisdiction. Employees living in a
discriminatory jurisdiction at the time of the list's effective date
would be grandfathered in. A person living in a discriminatory
jurisdiction may apply for a waiver from the provisions if they can
demonstrate to the commission that moving into a non-discriminatory
would cause an undue hardship.

Section 2 of the bill provides the authority to the civil service
commission to promulgate regulations to implement the act.

Section 3 of the bill relates to the effective date.

JUSTIFICATION: This legislation would protect New York State
residents from other state's discriminatory laws which unfairly
restrict employment to out of state residents. These laws hurt the
regional economy and impede the flow of human capital between states.
A public employer should hire the person with the best qualifications
not based on where they live.

This bill would provide reciprocity with states that have fair labor
laws which do not restrict employment of New York residents. States
that have restrictive public employment laws will be labeled a
"discriminatory jurisdiction" which will prevent residents in those
states from applying for public jobs in New York. This bill will
create a level playing field for all prospective employees, by
ensuring parity and fairness between states.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect January 1, 2015.

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

                                  7750

                            I N  S E N A T E

                              June 4, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- 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  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 12
to read as follows:
  S 12. 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
ON THE HEALTH AND WELLBEING OF THE  PROSPECTIVE  EMPLOYEE  AND/OR  THEIR
IMMEDIATE FAMILY MEMBERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14452-03-4

S. 7750                             2

  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.
  S 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.
  S 3. This act shall take effect January 1, 2015.

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