NY State Senate Bill 2019-S3482

Senate Bill S3482

2019-2020 Legislative Session

Relates to the residency requirements of certain public officers of political subdivisions or municipal corporations of the state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Feb 07, 2019	referred to investigations and government operations

2019-S3482 (ACTIVE) - Details

See Assembly Version of this Bill:: A5215
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8164
2017-2018: S391, A7101
2021-2022: S6520, A5609
2023-2024: A4855

2019-S3482 (ACTIVE) - Summary

Relates to the residency requirements of certain public officers of political subdivisions or municipal corporations of the state; prohibits certain officers from being required to forego or make a payment or satisfy a levy due to him or her becoming a nonresident of the political subdivision or municipal corporation of the state.

2019-S3482 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3482

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the public officers law, in relation
to the removal of residency penalties related to employment by any poli-
tical subdivision or municipal corporation of the state

 
PURPOSE:

The purpose of this bill is to remove the income tax penalty to employ-
ees of New York City or any of its agencies who seek to live outside New
York City.

 
SUMMARY OF PROVISIONS:

Section 1. Provides the legislative intent.

Section 2. Amends section 3 of the public officers law by adding
subsection 66 that removes the obligation of an employee to make any
payment or satisfy any levy pursuant to a condition of employment, or
agreement that such employee may have signed, that such employee shall

pay any amount if such employee becomes a nonresident of the political
subdivision or municipal corporation of the state.

Section 3. Effective date.

 
JUSTIFICATION:

Currently, employees of New York City or any of its agencies who choose
to live outside of New York City are deemed City Nonresident Individ-
uals. These individuals must pay to the City the equivalent amount of
city personal income tax as if they were residents of New York City.

This legislation would remove the requirement on nonresident employees
of New York City to pay a city personal income tax fee. It is no longer
acceptable to require these public employees to pay taxes in a munici-
pality that they do not reside in.

 
LEGISLATIVE HISTORY:

2017-18: S391-a/A7101 - PASSED SENATE/gov't ops
2015-16: S8164 - Rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3482 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3482
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public officers law, in relation to the  removal  of
   residency penalties related to employment by any political subdivision
   or municipal corporation of the state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative finding and declaration. The legislature hereby
 finds and declares that there is a substantial  state  interest  in  the
 fair and equitable treatment of public officers throughout the state who
 are  permitted to reside in localities outside the political subdivision
 or municipal corporation of the state for which they work. That substan-
 tial state interest would be furthered by establishing that  any  public
 officer  who resides in a permitted locality shall not be subject to any
 levy or payment by residing in a permitted  locality.    Therefore,  the
 legislature  declares  the  necessity  for  the enactment of this act to
 establish that any public officer who is or becomes a nonresident  of  a
 political subdivision or municipal corporation of the state for which he
 or  she  is  employed  shall  not  be obligated to forgo wages or make a
 payment because he or she is or becomes a nonresident by residing  in  a
 locality permitted by state or other applicable law.
   §  2.  Section 3 of the public officers law is amended by adding a new
 subdivision 68 to read as follows:
   68. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR OF ANY  GENERAL,
 SPECIAL  OR  LOCAL  LAW,  CHARTER,  CODE, ORDINANCE, RESOLUTION, RULE OR
 REGULATION TO THE CONTRARY, ANY PERSON SUBJECT TO THE RESIDENCY REQUIRE-
 MENTS OF THIS SECTION WHO RESIDES IN A POLITICAL SUBDIVISION OR  MUNICI-
 PAL  CORPORATION  PERMITTED  BY THIS SECTION OR ANY OTHER APPLICABLE LAW
 SHALL NOT BE OBLIGATED OR REQUIRED TO  FORGO  OR  MAKE  ANY  PAYMENT  OR
 SATISFY  ANY  LEVY PURSUANT TO A CONDITION OF EMPLOYMENT OR AN AGREEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06239-01-9

 S. 3482                             2
 
 BY SUCH PERSON IF SUCH PERSON IS OR BECOMES A NONRESIDENT OF  THE  POLI-
 TICAL SUBDIVISION OR MUNICIPAL CORPORATION OF THE STATE.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective  immediately
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such date.

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