Bill Text: NY A10618 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes a residency requirement for certain persons employed by the state or its subdivisions.
Spectrum: Moderate Partisan Bill (Democrat 19-3)
Status: (Introduced - Dead) 2012-06-08 - referred to governmental operations [A10618 Detail]
Download: New_York-2011-A10618-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10618
I N A S S E M B L Y
June 8, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zebrowski,
Abbate, P. Rivera, Maisel, Raia, Abinanti, Reilly, Galef, M. Miller,
Calhoun, McDonough, Gunther, Jaffee, Boyland, Skartados, Arroyo, Cook,
DenDekker, Dinowitz, Glick, Magee, Paulin) -- read once and referred
to the Committee on Governmental Operations
AN ACT to amend the retirement and social security law, in relation to
establishing a residency requirement for certain persons employed by
the state or its subdivisions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The retirement and social security law is amended by adding
2 a new section 79-a to read as follows:
3 S 79-A. RESIDENCY REQUIREMENT FOR STATE OFFICERS, EMPLOYEES;
4 EXCEPTIONS. 1. EVERY PERSON HOLDING AN OFFICE, EMPLOYMENT, OR POSITION
5 WITH THE FOLLOWING ENTITIES SHALL MAINTAIN HIS OR HER PRINCIPAL RESI-
6 DENCE IN THE STATE:
7 A. IN THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCH OF THIS STATE;
8 B. WITH AN AUTHORITY, BOARD, BODY, AGENCY, COMMISSION, OR INSTRUMEN-
9 TALITY OF THE STATE INCLUDING ANY STATE COLLEGE, UNIVERSITY, OR OTHER
10 HIGHER EDUCATIONAL INSTITUTION, AND, TO THE EXTENT CONSISTENT WITH LAW,
11 ANY INTERSTATE AGENCY TO WHICH THE STATE IS A PARTY;
12 C. WITH A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THE
13 STATE OR AN AUTHORITY, BOARD, BODY, AGENCY, DISTRICT, COMMISSION, OR
14 INSTRUMENTALITY OF THE COUNTY, MUNICIPALITY, OR SUBDIVISION; OR
15 D. WITH A SCHOOL DISTRICT OR AN AUTHORITY, BOARD, BODY, AGENCY,
16 COMMISSION, OR INSTRUMENTALITY OF THE DISTRICT.
17 2. A. SUBJECT TO THE PROVISIONS OF PARAGRAPH D OF SUBDIVISION THREE OF
18 THIS SECTION, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY
19 PERSON WHO IS EMPLOYED:
20 (1) ON A TEMPORARY OR PER-SEMESTER BASIS AS A VISITING PROFESSOR,
21 TEACHER, LECTURER, OR RESEARCHER BY ANY STATE COLLEGE, UNIVERSITY, OR
22 OTHER HIGHER EDUCATIONAL INSTITUTION, OR COUNTY OR COMMUNITY COLLEGE; OR
23 (2) IN A FULL OR PART-TIME POSITION AS A MEMBER OF THE FACULTY, THE
24 RESEARCH STAFF, OR THE ADMINISTRATIVE STAFF BY ANY STATE COLLEGE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13598-01-1
A. 10618 2
1 UNIVERSITY, OR OTHER HIGHER EDUCATIONAL INSTITUTION, OR COUNTY OR COMMU-
2 NITY COLLEGE, THAT THE COLLEGE, UNIVERSITY, OR INSTITUTION HAS INCLUDED
3 IN THE REPORT REQUIRED TO BE FILED PURSUANT TO PARAGRAPH D OF SUBDIVI-
4 SION THREE OF THIS SECTION; OR
5 (3) ON A FULL-TIME BASIS BY THE STATE WHO SERVES IN AN OFFICE, EMPLOY-
6 MENT, OR POSITION THAT REQUIRES THE PERSON TO SPEND THE MAJORITY OF HIS
7 OR HER WORKING HOURS IN A LOCATION OUTSIDE OF THIS STATE.
8 B. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO
9 HOLDS AN OFFICE, EMPLOYMENT, OR POSITION IN THIS STATE ON THE EFFECTIVE
10 DATE OF THIS SECTION BUT DOES NOT HAVE HIS OR HER PRINCIPAL RESIDENCE IN
11 THIS STATE ON THAT EFFECTIVE DATE, PROVIDED SUCH PERSON CONTINUES TO
12 HOLD OFFICE, EMPLOYMENT, OR POSITION WITHOUT A BREAK IN PUBLIC SERVICE
13 OF GREATER THAN SEVEN DAYS.
14 C. THE FACT THAT A PERSON IS DOMICILED IN THIS STATE SHALL NOT BY
15 ITSELF SATISFY THE REQUIREMENT OF PRINCIPAL RESIDENCY HEREUNDER. FOR THE
16 PURPOSES OF THIS SUBDIVISION, A PERSON MAY HAVE, AT MOST, ONE PRINCIPAL
17 RESIDENCE, AND THE STATE OF A PERSON'S PRINCIPAL RESIDENCE MEANS THE
18 STATE:
19 (1) WHERE THE PERSON SPENDS THE MAJORITY OF HIS OR HER NON-WORKING
20 TIME; AND
21 (2) WHICH IS MOST CLEARLY THE CENTER OF HIS OR HER DOMESTIC LIFE; AND
22 (3) WHICH IS DESIGNATED AS HIS OR HER LEGAL ADDRESS AND LEGAL RESI-
23 DENCE FOR VOTING.
24 3. A. ANY PERSON MAY REQUEST AN EXEMPTION FROM THE PROVISIONS OF THIS
25 SECTION ON THE BASIS OF CRITICAL NEED OR HARDSHIP FROM A FIVE-MEMBER
26 COMMITTEE HEREBY ESTABLISHED TO CONSIDER APPLICATIONS FOR SUCH
27 EXEMPTIONS. THE COMMITTEE SHALL BE COMPOSED OF FIVE PEOPLE, THREE OF
28 WHOM SHALL BE APPOINTED BY THE GOVERNOR, AND ONE OF WHOM SHALL BE
29 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE OF WHOM SHALL
30 BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY. EACH APPOINTEE SHALL SERVE
31 AT THE PLEASURE OF THE PERSON MAKING THE APPOINTMENT AND SHALL HAVE A
32 TERM NOT TO EXCEED FIVE YEARS. A VACANCY ON THE COMMITTEE SHALL BE
33 FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT WAS MADE. THE
34 GOVERNOR SHALL MAKE PROVISION TO PROVIDE SUCH CLERICAL, SECRETARIAL AND
35 ADMINISTRATIVE SUPPORT TO THE COMMITTEE AS MAY BE NECESSARY FOR IT TO
36 CONDUCT ITS RESPONSIBILITIES PURSUANT TO THIS SUBDIVISION.
37 B. THE DECISION ON WHETHER TO APPROVE AN APPLICATION FROM ANY PERSON
38 SHALL BE MADE BY A MAJORITY VOTE OF THE MEMBERS OF THE COMMITTEE, AND
39 THOSE VOTING IN THE AFFIRMATIVE SHALL SO SIGN THE APPROVED APPLICATION.
40 IF THE COMMITTEE FAILS TO ACT ON AN APPLICATION WITHIN THIRTY DAYS AFTER
41 THE RECEIPT THEREOF, NO EXEMPTION SHALL BE GRANTED AND THE RESIDENCY
42 REQUIREMENT OF THIS SUBDIVISION SHALL BE OPERATIVE.
43 C. THE FOLLOWING PERSONS SHALL NOT BE ELIGIBLE TO REQUEST FROM THE
44 COMMITTEE AN EXEMPTION FROM THE PROVISIONS OF THIS SUBDIVISION:
45 (1) THE HEAD OF A DEPARTMENT OF THE EXECUTIVE BRANCH OF THE STATE
46 GOVERNMENT; OR
47 (2) A JUSTICE OF THE SUPREME COURT, JUDGE OF THE SUPERIOR COURT AND
48 JUDGE OF ANY INFERIOR COURT ESTABLISHED UNDER THE LAWS OF THIS STATE.
49 D. THE EXEMPTION PROVIDED IN SUBPARAGRAPH TWO OF PARAGRAPH A OF SUBDI-
50 VISION TWO OF THIS SECTION SHALL APPLY ONLY TO THOSE PERSONS HOLDING
51 POSITIONS THAT THE COLLEGE, UNIVERSITY, OR INSTITUTION HAS INCLUDED IN A
52 REPORT OF THOSE FULL OR PART-TIME POSITIONS AS A MEMBER OF THE FACULTY,
53 THE RESEARCH STAFF, OR THE ADMINISTRATIVE STAFF REQUIRING SPECIAL EXPER-
54 TISE OR EXTRAORDINARY QUALIFICATIONS IN AN ACADEMIC, SCIENTIFIC, TECHNI-
55 CAL, PROFESSIONAL, OR MEDICAL FIELD OR IN ADMINISTRATION, THAT, IF NOT
56 EXEMPT FROM THE RESIDENCY REQUIREMENT, WOULD SERIOUSLY IMPEDE THE ABILI-
A. 10618 3
1 TY OF THE COLLEGE, UNIVERSITY, OR INSTITUTION TO COMPETE SUCCESSFULLY
2 WITH SIMILAR COLLEGES, UNIVERSITIES, OR INSTITUTIONS IN OTHER STATES.
3 THE REPORT SHALL BE COMPILED ANNUALLY AND SHALL ALSO CONTAIN THE REASONS
4 WHY THE POSITIONS WERE SELECTED FOR INCLUSION IN THE REPORT. THE REPORT
5 SHALL BE COMPILED AND FILED WITHIN SIXTY DAYS FOLLOWING THE EFFECTIVE
6 DATE OF THIS SECTION. THE REPORT SHALL BE REVIEWED, REVISED AS NECES-
7 SARY, AND FILED BY JANUARY FIRST OF EACH YEAR THEREAFTER WITH THE GOVER-
8 NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
9 BLY. A REPORT MAY BE REVISED AT ANY TIME BY FILING AN AMENDMENT TO THE
10 REPORT WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
11 SPEAKER OF THE ASSEMBLY.
12 4. ANY PERSON HOLDING ANY OFFICE, EMPLOYMENT, OR OTHER POSITION IN
13 THIS STATE WHO ATTEMPTS TO LET, FARM OUT OR TRANSFER SUCH OFFICE,
14 EMPLOYMENT, OR POSITION OR ANY PART THEREOF TO ANY PERSON, SHALL FORFEIT
15 THE SUM OF FIFTEEN HUNDRED DOLLARS, TO BE RECOVERED WITH COSTS BY ANY
16 PERSON WHO SHALL SUE FOR THE SAME, ONE-HALF TO THE PROSECUTOR AND THE
17 OTHER HALF TO THE COMPTROLLER FOR THE USE OF THE STATE.
18 5. ANY PERSON HOLDING OR ATTEMPTING TO HOLD AN OFFICE, EMPLOYMENT, OR
19 POSITION IN VIOLATION OF THIS SECTION SHALL BE CONSIDERED AS ILLEGALLY
20 HOLDING OR ATTEMPTING TO HOLD THE SAME; PROVIDED THAT A PERSON HOLDING
21 AN OFFICE, EMPLOYMENT, OR POSITION IN THIS STATE SHALL HAVE ONE YEAR
22 FROM THE TIME OF TAKING THE OFFICE, EMPLOYMENT, OR POSITION TO SATISFY
23 THE REQUIREMENT OF PRINCIPAL RESIDENCY, AND IF THEREAFTER SUCH PERSON
24 FAILS TO SATISFY THE REQUIREMENT OF PRINCIPAL RESIDENCY AS DEFINED HERE-
25 IN WITH RESPECT TO ANY THREE HUNDRED SIXTY-FIVE-DAY PERIOD, THAT PERSON
26 SHALL BE DEEMED UNQUALIFIED FOR HOLDING THE OFFICE, EMPLOYMENT, OR POSI-
27 TION. THE SUPREME COURT SHALL, IN A CIVIL ACTION, GIVE JUDGMENT OF
28 OUSTER AGAINST SUCH PERSON, UPON THE COMPLAINT OF ANY OFFICER OR CITIZEN
29 OF THE STATE, PROVIDED THAT ANY SUCH COMPLAINT SHALL BE BROUGHT WITHIN
30 ONE YEAR OF THE ALLEGED THREE HUNDRED SIXTY-FIVE-DAY PERIOD OF FAILURE
31 TO HAVE HIS OR HER PRINCIPAL RESIDENCE IN THIS STATE.
32 6. NO PERSON SHALL BE APPOINTED TO OR HOLD ANY POSITION IN THIS STATE
33 WHO HAS NOT THE REQUISITE QUALIFICATIONS FOR PERSONALLY PERFORMING THE
34 DUTIES OF SUCH POSITION IN CASES WHERE SCIENTIFIC ENGINEERING SKILL IS
35 NECESSARY TO THE PERFORMANCE OF THE DUTIES THEREOF.
36 S 2. This act shall take effect on the one hundred twentieth day after
37 it shall have become a law.
