S T A T E   O F   N E W   Y O R K
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                                 2078--A
                                                        Cal. No. 100

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

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 -- advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading

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;

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

                                                           LBD02974-02-6

A. 2078--A                          2

  (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.
  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.

A. 2078--A                          3

  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 on the first of January next succeed-
ing the date on which it shall have become a law.