S T A T E   O F   N E W   Y O R K
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                                  391--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee

 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 66 to read as follows:
   66.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02406-02-7

 S. 391--A                           2
 
 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
 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;  provided,  however,
 that effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized and directed to be made and  completed  on
 or before such effective date.