S T A T E   O F   N E W   Y O R K
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                                  1436

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. ZEBROWSKI, ABBATE, MAISEL, RAIA, ABINANTI, GALEF,
  MILLER,  McDONOUGH, GUNTHER, JAFFEE, BOYLAND, SKARTADOS, ARROYO, COOK,
  DenDEKKER, DINOWITZ, GLICK, MAGEE, PAULIN -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the retirement and social security law, in  relation  to
  establishing  a  residency requirement for certain persons employed by
  the state or its subdivisions

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

  Section 1. The retirement and social security law is amended by adding
a new section 79-a to read as follows:
  S   79-A.   RESIDENCY   REQUIREMENT  FOR  STATE  OFFICERS,  EMPLOYEES;
EXCEPTIONS. 1. EVERY PERSON HOLDING AN OFFICE, EMPLOYMENT,  OR  POSITION
WITH  THE  FOLLOWING  ENTITIES SHALL MAINTAIN HIS OR HER PRINCIPAL RESI-
DENCE IN THE STATE:
  A. IN THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCH OF THIS STATE;
  B. WITH AN AUTHORITY, BOARD, BODY, AGENCY, COMMISSION,  OR  INSTRUMEN-
TALITY  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;
  C.  WITH 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; OR
  D.  WITH  A  SCHOOL  DISTRICT  OR  AN  AUTHORITY, BOARD, BODY, AGENCY,
COMMISSION, OR INSTRUMENTALITY OF THE DISTRICT.
  2. A. SUBJECT TO THE PROVISIONS OF PARAGRAPH D OF SUBDIVISION THREE OF
THIS SECTION, THE PROVISIONS OF THIS SECTION  SHALL  NOT  APPLY  TO  ANY
PERSON WHO IS EMPLOYED:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00387-01-3

              

A. 1436                             2

  (1)  ON  A  TEMPORARY  OR  PER-SEMESTER BASIS AS A VISITING PROFESSOR,
TEACHER, LECTURER, OR RESEARCHER BY ANY STATE  COLLEGE,  UNIVERSITY,  OR
OTHER HIGHER EDUCATIONAL INSTITUTION, OR COUNTY OR COMMUNITY COLLEGE; OR
  (2)  IN  A  FULL OR PART-TIME POSITION AS A MEMBER OF THE FACULTY, THE
RESEARCH STAFF, OR  THE  ADMINISTRATIVE  STAFF  BY  ANY  STATE  COLLEGE,
UNIVERSITY, OR OTHER HIGHER EDUCATIONAL INSTITUTION, OR COUNTY OR COMMU-
NITY  COLLEGE, THAT THE COLLEGE, UNIVERSITY, OR INSTITUTION HAS INCLUDED
IN THE REPORT REQUIRED TO BE FILED PURSUANT TO PARAGRAPH D  OF  SUBDIVI-
SION THREE OF THIS SECTION; OR
  (3) ON A FULL-TIME BASIS BY THE STATE WHO SERVES IN AN OFFICE, EMPLOY-
MENT,  OR POSITION THAT REQUIRES THE PERSON TO SPEND THE MAJORITY OF HIS
OR HER WORKING HOURS IN A LOCATION OUTSIDE OF THIS STATE.
  B. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  ANY  PERSON  WHO
HOLDS  AN OFFICE, EMPLOYMENT, OR POSITION IN THIS STATE ON THE EFFECTIVE
DATE OF THIS SECTION BUT DOES NOT HAVE HIS OR HER PRINCIPAL RESIDENCE IN
THIS STATE ON THAT EFFECTIVE DATE, PROVIDED  SUCH  PERSON  CONTINUES  TO
HOLD  OFFICE,  EMPLOYMENT, OR POSITION WITHOUT A BREAK IN PUBLIC SERVICE
OF GREATER THAN SEVEN DAYS.
  C. THE FACT THAT A PERSON IS DOMICILED IN  THIS  STATE  SHALL  NOT  BY
ITSELF SATISFY THE REQUIREMENT OF PRINCIPAL RESIDENCY HEREUNDER. FOR THE
PURPOSES  OF THIS SUBDIVISION, A PERSON MAY HAVE, AT MOST, ONE PRINCIPAL
RESIDENCE, AND THE STATE OF A PERSON'S  PRINCIPAL  RESIDENCE  MEANS  THE
STATE:
  (1)  WHERE  THE  PERSON  SPENDS THE MAJORITY OF HIS OR HER NON-WORKING
TIME; AND
  (2) WHICH IS MOST CLEARLY THE CENTER OF HIS OR HER DOMESTIC LIFE; AND
  (3) WHICH IS DESIGNATED AS HIS OR HER LEGAL ADDRESS  AND  LEGAL  RESI-
DENCE FOR VOTING.
  3.  A. ANY PERSON MAY REQUEST AN EXEMPTION FROM THE PROVISIONS OF THIS
SECTION ON THE BASIS OF CRITICAL NEED OR  HARDSHIP  FROM  A  FIVE-MEMBER
COMMITTEE   HEREBY   ESTABLISHED   TO  CONSIDER  APPLICATIONS  FOR  SUCH
EXEMPTIONS. THE COMMITTEE SHALL BE COMPOSED OF  FIVE  PEOPLE,  THREE  OF
WHOM  SHALL  BE  APPOINTED  BY  THE  GOVERNOR,  AND ONE OF WHOM SHALL BE
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE OF WHOM SHALL
BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY. EACH APPOINTEE SHALL  SERVE
AT  THE  PLEASURE  OF THE PERSON MAKING THE APPOINTMENT AND SHALL HAVE A
TERM NOT TO EXCEED FIVE YEARS.   A VACANCY ON  THE  COMMITTEE  SHALL  BE
FILLED  IN  THE  SAME  MANNER  AS THE ORIGINAL APPOINTMENT WAS MADE. THE
GOVERNOR SHALL MAKE PROVISION TO PROVIDE SUCH CLERICAL, SECRETARIAL  AND
ADMINISTRATIVE  SUPPORT  TO  THE COMMITTEE AS MAY BE NECESSARY FOR IT TO
CONDUCT ITS RESPONSIBILITIES PURSUANT TO THIS SUBDIVISION.
  B. THE DECISION ON WHETHER TO APPROVE AN APPLICATION FROM  ANY  PERSON
SHALL  BE  MADE  BY A MAJORITY VOTE OF THE MEMBERS OF THE COMMITTEE, AND
THOSE VOTING IN THE AFFIRMATIVE SHALL SO SIGN THE APPROVED  APPLICATION.
IF THE COMMITTEE FAILS TO ACT ON AN APPLICATION WITHIN THIRTY DAYS AFTER
THE  RECEIPT  THEREOF,  NO  EXEMPTION SHALL BE GRANTED AND THE RESIDENCY
REQUIREMENT OF THIS SUBDIVISION SHALL BE OPERATIVE.
  C. THE FOLLOWING PERSONS SHALL NOT BE ELIGIBLE  TO  REQUEST  FROM  THE
COMMITTEE AN EXEMPTION FROM THE PROVISIONS OF THIS SUBDIVISION:
  (1)  THE  HEAD  OF  A  DEPARTMENT OF THE EXECUTIVE BRANCH OF THE STATE
GOVERNMENT; OR
  (2) A JUSTICE OF THE SUPREME COURT, JUDGE OF THE  SUPERIOR  COURT  AND
JUDGE OF ANY INFERIOR COURT ESTABLISHED UNDER THE LAWS OF THIS STATE.
  D. THE EXEMPTION PROVIDED IN SUBPARAGRAPH TWO OF PARAGRAPH A OF SUBDI-
VISION  TWO  OF  THIS  SECTION SHALL APPLY ONLY TO THOSE PERSONS HOLDING
POSITIONS THAT THE COLLEGE, UNIVERSITY, OR INSTITUTION HAS INCLUDED IN A

A. 1436                             3

REPORT OF THOSE FULL OR PART-TIME POSITIONS AS A MEMBER OF THE  FACULTY,
THE RESEARCH STAFF, OR THE ADMINISTRATIVE STAFF REQUIRING SPECIAL EXPER-
TISE OR EXTRAORDINARY QUALIFICATIONS IN AN ACADEMIC, SCIENTIFIC, TECHNI-
CAL,  PROFESSIONAL,  OR MEDICAL FIELD OR IN ADMINISTRATION, THAT, IF NOT
EXEMPT FROM THE RESIDENCY REQUIREMENT, WOULD SERIOUSLY IMPEDE THE ABILI-
TY OF THE COLLEGE, UNIVERSITY, OR INSTITUTION  TO  COMPETE  SUCCESSFULLY
WITH  SIMILAR  COLLEGES,  UNIVERSITIES, OR INSTITUTIONS IN OTHER STATES.
THE REPORT SHALL BE COMPILED ANNUALLY AND SHALL ALSO CONTAIN THE REASONS
WHY THE POSITIONS WERE SELECTED FOR INCLUSION IN THE REPORT. THE  REPORT
SHALL  BE  COMPILED  AND FILED WITHIN SIXTY DAYS FOLLOWING THE EFFECTIVE
DATE OF THIS SECTION. THE REPORT SHALL BE REVIEWED,  REVISED  AS  NECES-
SARY, AND FILED BY JANUARY FIRST OF EACH YEAR THEREAFTER WITH THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY.  A  REPORT MAY BE REVISED AT ANY TIME BY FILING AN AMENDMENT TO THE
REPORT WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND  THE
SPEAKER OF THE ASSEMBLY.
  4.  ANY  PERSON  HOLDING  ANY OFFICE, EMPLOYMENT, OR OTHER POSITION IN
THIS STATE WHO ATTEMPTS TO  LET,  FARM  OUT  OR  TRANSFER  SUCH  OFFICE,
EMPLOYMENT, OR POSITION OR ANY PART THEREOF TO ANY PERSON, SHALL FORFEIT
THE  SUM  OF  FIFTEEN HUNDRED DOLLARS, TO BE RECOVERED WITH COSTS BY ANY
PERSON WHO SHALL SUE FOR THE SAME, ONE-HALF TO THE  PROSECUTOR  AND  THE
OTHER HALF TO THE COMPTROLLER FOR THE USE OF THE STATE.
  5.  ANY PERSON HOLDING OR ATTEMPTING TO HOLD AN OFFICE, EMPLOYMENT, OR
POSITION IN VIOLATION OF THIS SECTION SHALL BE CONSIDERED  AS  ILLEGALLY
HOLDING  OR  ATTEMPTING TO HOLD THE SAME; PROVIDED THAT A PERSON HOLDING
AN OFFICE, EMPLOYMENT, OR POSITION IN THIS STATE  SHALL  HAVE  ONE  YEAR
FROM  THE  TIME OF TAKING THE OFFICE, EMPLOYMENT, OR POSITION TO SATISFY
THE REQUIREMENT OF PRINCIPAL RESIDENCY, AND IF  THEREAFTER  SUCH  PERSON
FAILS TO SATISFY THE REQUIREMENT OF PRINCIPAL RESIDENCY AS DEFINED HERE-
IN  WITH RESPECT TO ANY THREE HUNDRED SIXTY-FIVE-DAY PERIOD, THAT PERSON
SHALL BE DEEMED UNQUALIFIED FOR HOLDING THE OFFICE, EMPLOYMENT, OR POSI-
TION. THE SUPREME COURT SHALL, IN  A  CIVIL  ACTION,  GIVE  JUDGMENT  OF
OUSTER AGAINST SUCH PERSON, UPON THE COMPLAINT OF ANY OFFICER OR CITIZEN
OF  THE  STATE, PROVIDED THAT ANY SUCH COMPLAINT SHALL BE BROUGHT WITHIN
ONE YEAR OF THE ALLEGED THREE HUNDRED SIXTY-FIVE-DAY PERIOD  OF  FAILURE
TO HAVE HIS OR HER PRINCIPAL RESIDENCE IN THIS STATE.
  6.  NO PERSON SHALL BE APPOINTED TO OR HOLD ANY POSITION IN THIS STATE
WHO HAS NOT THE REQUISITE QUALIFICATIONS FOR PERSONALLY  PERFORMING  THE
DUTIES  OF  SUCH POSITION IN CASES WHERE SCIENTIFIC ENGINEERING SKILL IS
NECESSARY TO THE PERFORMANCE OF THE DUTIES THEREOF.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.