S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4400
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI,  GUNTHER, COLTON -- read once and
   referred to the Committee on Governmental Employees
 
 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
 ON THE HEALTH AND WELLBEING OF THE  PROSPECTIVE  EMPLOYEE  AND/OR  THEIR
 IMMEDIATE FAMILY MEMBERS.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06531-01-3
 A. 4400                             2
 
   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.