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

                                 9157--A

                          I N  A S S E M B L Y

                             March 24, 2014
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Labor --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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;
  (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.
                                                           LBD14452-02-4
              

A. 9157--A                          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.
  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 January 1, 2015.