Bill Text: NY S00391 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the residency requirements of certain public officers of political subdivisions or municipal corporations of the state; prohibits certain officers from being required to forego or make a payment or satisfy a levy due to him or her becoming a nonresident of the political subdivision or municipal corporation of the state.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00391 Detail]

Download: New_York-2017-S00391-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           391
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (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
        AN ACT to amend the public officers law in relation to  the  removal  of
          residency  as  a  condition  precedent to employment for any political
          subdivision or municipal corporation of the state or any of its  agen-
          cies
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative finding and declaration. The legislature hereby
     2  finds and declares that there is a substantial  state  interest  in  the
     3  fair  and  equitable  treatment of public employees throughout the state
     4  who are permitted to reside in localities outside the political subdivi-
     5  sion or municipal corporation of the state for which they  work.    That
     6  substantial  state  interest  would be furthered by establishing that no
     7  employee who resides in a permitted locality be subject to any  levy  or
     8  payment by choosing to reside in such permitted locality. Therefore, the
     9  legislature  declares  the  necessity  for  the enactment of this act to
    10  establish that no public employee who becomes a nonresident of  a  poli-
    11  tical  subdivision or municipal corporation of the state for which he or
    12  she works shall be obligated to make a payment because he or she becomes
    13  a nonresident by residing in a locality  permitted  by  state  or  other
    14  applicable law.
    15    §  2.  Section 3 of the public officers law is amended by adding a new
    16  subdivision 66 to read as follows:
    17    66. Notwithstanding the provisions of this section or of any  general,
    18  special  or  local  law,  charter,  code, ordinance, resolution, rule or
    19  regulation to the contrary, commencing on January first of the  calendar
    20  year  after  the  effective date of this subdivision, no employee of any
    21  political subdivision or municipal corporation of the state  or  any  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02406-01-7
        S. 391                              2
     1  its  agencies  that resides in a county permitted by this section or any
     2  other applicable law shall be obligated to make any payment  or  satisfy
     3  any  levy  pursuant to a condition of employment, or agreement that such
     4  employee  may  have  signed,  that such employee shall pay any amount if
     5  such employee becomes a nonresident  of  the  political  subdivision  or
     6  municipal corporation of the state.
     7    § 3. This act shall take effect immediately.