S T A T E O F N E W Y O R K
________________________________________________________________________
1946
2019-2020 Regular Sessions
I N A S S E M B L Y
January 18, 2019
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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.
LBD01562-01-9
A. 1946 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.