Bill Text: NY A09157 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to retaliation against other jurisdictions which discriminate against hiring New York state residents.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed - Dead) 2014-06-09 - REFERRED TO CIVIL SERVICE AND PENSIONS [A09157 Detail]

Download: New_York-2013-A09157-Amended.html

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                           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:
    1    Section 1. The civil service law is amended by adding a new section 12
    2  to read as follows:
    3    S  12.  PROVISIONS RELATING TO RETALIATING AGAINST OTHER JURISDICTIONS
    4  WHICH DISCRIMINATE AGAINST HIRING NEW YORK STATE RESIDENTS. 1.  FOR  THE
    5  PURPOSES OF THIS SECTION:
    6    A.  "DISCRIMINATORY  JURISDICTION"  SHALL MEAN ANY STATE THAT HAS LAWS
    7  THAT DISCRIMINATE AGAINST NEW YORK STATE RESIDENTS BY PROHIBITING PUBLIC
    8  EMPLOYERS IN SUCH STATE FROM EMPLOYING OUT OF STATE RESIDENTS.
    9    B. "PRIMARY RESIDENCE" SHALL MEAN WHERE A PERSON SPENDS  THE  MAJORITY
   10  OF  HIS OR HER NON-WORKING TIME; AND WHICH IS MOST CLEARLY THE CENTER OF
   11  HIS OR HER DOMESTIC LIFE; AND WHICH IS DESIGNATED AS HIS  OR  HER  LEGAL
   12  ADDRESS AND LEGAL RESIDENCE FOR VOTING.
   13    C. "PUBLIC EMPLOYERS" SHALL MEAN THE FOLLOWING EMPLOYERS:
   14    (1) THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCH OF THIS STATE;
   15    (2)  AN AUTHORITY, BOARD, BODY, AGENCY, COMMISSION, OR INSTRUMENTALITY
   16  OF THE STATE INCLUDING ANY STATE COLLEGE, UNIVERSITY,  OR  OTHER  HIGHER
   17  EDUCATIONAL  INSTITUTION,  AND,  TO  THE EXTENT CONSISTENT WITH LAW, ANY
   18  INTERSTATE AGENCY TO WHICH THE STATE IS A PARTY;
   19    (3) A COUNTY, MUNICIPALITY, OR  OTHER  POLITICAL  SUBDIVISION  OF  THE
   20  STATE  OR  AN  AUTHORITY,  BOARD, BODY, AGENCY, DISTRICT, COMMISSION, OR
   21  INSTRUMENTALITY OF THE COUNTY, MUNICIPALITY, OR SUBDIVISION;
   22    (4) A SCHOOL DISTRICT OR AN AUTHORITY, BOARD,  BODY,  AGENCY,  COMMIS-
   23  SION, OR INSTRUMENTALITY OF THE DISTRICT.
   24    D. "UNDUE HARDSHIP" SHALL MEAN AN ACCOMMODATION WHICH REQUIRES SIGNIF-
   25  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
    1  ON  THE  HEALTH  AND  WELLBEING OF THE PROSPECTIVE EMPLOYEE AND/OR THEIR
    2  IMMEDIATE FAMILY MEMBERS.
    3    2.  THE COMMISSION SHALL ANNUALLY PREPARE A LIST OF ALL DISCRIMINATORY
    4  JURISDICTIONS. THE COMMISSION SHALL ADD TO OR DELETE FROM SAID LIST  ANY
    5  JURISDICTION UPON CHANGES IN SUCH JURISDICTION'S LAWS THAT DEEM A CHANGE
    6  IN  DESIGNATION.  THE COMMISSION SHALL DELIVER A COPY OF THE LIST BY THE
    7  END OF EACH CALENDAR YEAR TO ALL PUBLIC EMPLOYERS IN THE  STATE  OF  NEW
    8  YORK  AS  DEFINED  IN THIS SECTION AND DETAIL THE EFFECTIVE DATE OF SUCH
    9  LIST.
   10    3. UPON THE EFFECTIVE DATE OF A LIST OF DISCRIMINATORY  JURISDICTIONS,
   11  A  PUBLIC  EMPLOYER SHALL NOT HIRE ANY PERSON WHOSE PRIMARY RESIDENCE IS
   12  LOCATED IN A DISCRIMINATORY JURISDICTION.   HOWEVER, SUCH  PERSON  SHALL
   13  HAVE  ONE  YEAR FROM THE DATE OF HIRE TO CHANGE HIS OR HER PRIMARY RESI-
   14  DENCE TO A JURISDICTION THAT IS NOT DEEMED DISCRIMINATORY BY THE COMMIS-
   15  SION. A PERSON WHO FAILS TO SATISFY THE  REQUIREMENTS  OF  THIS  SECTION
   16  FOLLOWING  THE  ONE  YEAR PERIOD FROM HIRE SHALL BE DEEMED UNFIT TO HOLD
   17  SUCH OFFICE, EMPLOYMENT OR  POSITION  AND  SUCH  PUBLIC  EMPLOYER  SHALL
   18  TERMINATE THE EMPLOYMENT IMMEDIATELY.  THE PUBLIC EMPLOYER, UPON RECEIPT
   19  OF  THE  LIST OR UPDATED LIST OF ALL DISCRIMINATORY JURISDICTIONS, SHALL
   20  REVISE ALL RELEVANT HIRING STANDARDS TO ACCOUNT  FOR  SUCH  CHANGES  AND
   21  DISSEMINATE TO ALL NECESSARY AUTHORITIES.
   22    4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS
   23  EMPLOYED BY A PUBLIC EMPLOYER IN THIS STATE ON THE EFFECTIVE DATE OF THE
   24  INITIAL LIST AND ANY SUBSEQUENT UPDATED LIST OF DISCRIMINATORY JURISDIC-
   25  TIONS  BY  THE  COMMISSION  AND WHERE SUCH PERSON'S PRIMARY RESIDENCE IS
   26  LOCATED IN A DISCRIMINATORY JURISDICTION WHICH WAS ON THE ORIGINAL  LIST
   27  OR HAS BEEN ADDED AND WAS NOT DESIGNATED DISCRIMINATORY ON THE LIST FROM
   28  THE  PREVIOUS YEAR.  THE PROVISIONS OF THIS SECTION WILL CONTINUE TO NOT
   29  APPLY PROVIDED SUCH PERSON CONTINUES TO  HOLD  EMPLOYMENT  BY  A  PUBLIC
   30  EMPLOYER  IN THE STATE WITHOUT A BREAK IN PUBLIC SERVICE OF GREATER THAN
   31  THIRTY DAYS.
   32    5. THE PROVISIONS OF THIS SECTION MAY BE WAIVED THROUGH AN APPLICATION
   33  THAT IS APPROVED BY THE COMMISSION.   THE APPLICATION  MUST  DEMONSTRATE
   34  THE  UNDUE  HARDSHIP CREATED BY THE PROVISIONS OF THIS SECTION AND HOW A
   35  WAIVER WOULD ALLEVIATE SUCH HARDSHIP.    THE  APPLICATION  MUST  INCLUDE
   36  SUPPORTING  DOCUMENTATION  DETAILING  THE  UNDUE HARDSHIP, PROVIDED, THE
   37  COMMISSION MAY IN ITS DISCRETION REQUEST ADDITIONAL INFORMATION FROM THE
   38  PERSON. AN APPLICATION SHALL BE SUBMITTED IN A MANNER PRESCRIBED BY  THE
   39  COMMISSION. A DETERMINATION BY THE COMMISSION MUST BE MADE IN WRITING NO
   40  LATER  THAN NINETY DAYS AFTER IT WAS RECEIVED. THE COMMISSION MAY EXTEND
   41  THE PERIOD OF REVIEW FOR AN ADDITIONAL THIRTY DAYS  IF  IT  INFORMS  THE
   42  APPLICANT  IN  WRITING.   IF THE APPLICATION IS DENIED, AN APPEAL MAY BE
   43  GRANTED AT THE DISCRETION OF THE COMMISSION.    AN  APPLICANT  THAT  WAS
   44  DENIED  MAY  REAPPLY  FOR  A WAIVER NO SOONER THAN SIX MONTHS AFTER SUCH
   45  DENIAL. A WAIVER THAT IS GRANTED BY THE COMMISSION SHALL BE VALID FOR  A
   46  PERIOD  OF  ONE  YEAR OR UNTIL SUCH APPLICANT HAS BEEN HIRED BY A PUBLIC
   47  EMPLOYER WHEREIN HE OR SHE  SHALL  BE  CONSIDERED  NOT  SUBJECT  TO  THE
   48  PROVISIONS  OF  THIS  SECTION  AS  PROVIDED  IN SUBDIVISION FOUR OF THIS
   49  SECTION.  A PERSON MAY REAPPLY FOR A WAIVER UPON  THE  EXPIRATION  OF  A
   50  PREVIOUSLY GRANTED WAIVER.
   51    S  2.  The  civil service commission is authorized to promulgate rules
   52  and regulations necessary for the implementation of  the  provisions  of
   53  this act on or before its effective date.
   54    S 3. This act shall take effect January 1, 2015.