S T A T E   O F   N E W   Y O R K
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                                  7005

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2009
                               ___________

Introduced by M. of A. SALADINO -- read once and referred to the Commit-
  tee on Ways and Means

AN  ACT to amend the New York city charter, in relation to exemptions of
  all non-city income for nonresident New York city employees and  their
  spouses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1127 of the New York city charter, as  added  by  a
vote  of the people of the city of New York at the general election held
in November of 1988, is amended to read as follows:
  S 1127. Condition precedent  to  employment.  a.  Notwithstanding  the
provisions  of  any local law, rule or regulation to the contrary, every
person seeking employment with the city of New York or any of its  agen-
cies  regardless of civil service classification or status shall sign an
agreement as a condition precedent to such employment to the effect that
if such person is or becomes a nonresident individual as  that  term  is
defined in section 11-1706 of the administrative code of the city of New
York  or  any  similar  provision of such code, during employment by the
city, such person AND HIS OR HER SPOUSE will pay to the city an  amount,
FOR  ONLY COMPENSATION PAID BY THE CITY, by which a city personal income
tax on residents computed and determined as if such person were a  resi-
dent  individual,  as  defined  in such section, during such employment,
exceeds the amount of any city earnings tax and city personal income tax
imposed on such person for the same taxable period.
  b. IF SUCH PERSON AND HIS OR HER SPOUSE EARN INCOME FROM  AN  EMPLOYER
OTHER  THAN  THE  CITY  OF NEW YORK OR ANY OF ITS AGENCIES, SUCH PERSONS
SHALL BE EXEMPT FROM THE PROVISIONS OF SUBDIVISION A OF THIS SECTION.
  C. Whenever any provision of this charter, the administrative code  of
the  city  of New York or any rule or regulation promulgated pursuant to
such charter or administrative code employs the term "salary",  "compen-
sation", or any other word or words having a similar meaning, such terms

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08320-01-9
              

A. 7005                             2

shall  be  deemed  and construed to mean the scheduled salary or compen-
sation of any employee of the city of  New  York,  undiminished  by  any
amount  payable  pursuant to subdivision a of this section FOR ONLY SUCH
COMPENSATION PAID BY THE CITY OF NEW YORK.
  S 2. This act shall take effect immediately.