S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4732
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions
 
 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 13
 to read as follows:
   § 13. 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.
                                                            LBD06079-01-1

 S. 4732                             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.
   §  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.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.