What's happening
This bill prevents public officers in New York from being penalized or required to pay fees for living outside their work jurisdiction if permitted by law.
Why it matters
Protects public employees from financial penalties. By explicitly prohibiting wage forfeiture, special levies, or required payments for living outside their work jurisdiction (if otherwise allowed by law), the bill directly impacts the take-home pay and financial security of public officers.
Ensures consistent statewide treatment. The legislation overrides any conflicting local laws, contracts, or employment agreements, creating a uniform standard across New York and preventing local entities from imposing their own residency-related fees or penalties.
Supports recruitment and retention. By removing a financial disincentive tied to residency, the bill may make it easier for public agencies to attract and keep qualified staff who, for personal or economic reasons, live outside the immediate area of their employment.
Affirms legislative intent for fairness. The findings section emphasizes a state interest in equitable treatment of public officers, signaling that the bill is designed to address perceived unfairness or burdens resulting from disparate local residency enforcement practices.
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Who cares
Headline styles
End Residency Penalties for Workers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End Residency Penalties for Workers
In Assembly Committee · Governmental Operations · Sponsor Philip Ramos
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3482
2019-2020 Regular Sessions
IN SENATE
February 7, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the public officers law, in relation to the removal of residency penalties related to employment by any political subdivision or municipal corporation of the state
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative finding and declaration. The legislature hereby finds and declares that there is a substantial state interest in the fair and equitable treatment of public officers throughout the state who are permitted to reside in localities outside the political subdivision or municipal corporation of the state for which they work. That substantial state interest would be furthered by establishing that any public officer who resides in a permitted locality shall not be subject to any levy or payment by residing in a permitted locality. Therefore, the legislature declares the necessity for the enactment of this act to establish that any public officer who is or becomes a nonresident of a political subdivision or municipal corporation of the state for which he or she is employed shall not be obligated to forgo wages or make a payment because he or she is or becomes a nonresident by residing in a locality permitted by state or other applicable law.
§ 2. Section 3 of the public officers law is amended by adding a new subdivision 68 to read as follows:
68. Notwithstanding the provisions of this section or of any general, special or local law, charter, code, ordinance, resolution, rule or regulation to the contrary, any person subject to the residency requirements of this section who resides in a political subdivision or municipal corporation permitted by this section or any other applicable law shall not be obligated or required to forgo or make any payment or satisfy any levy pursuant to a condition of employment or an agreement
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06239-01-9
S. 3482 2
by such person if such person is or becomes a nonresident of the political subdivision or municipal corporation of the state.
§ 3. This act shall take effect on the first of January next succeeding the date on which it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public officers law, in relation to the removal of residency penalties related to employment by any poli- tical subdivision or municipal corporation of the state
Purpose
The purpose of this bill is to remove the income tax penalty to employ- ees of New York City or any of its agencies who seek to live outside New York City.
Summary of provisions
Section 1. Provides the legislative intent.
Section 2. Amends section 3 of the public officers law by adding subsection 66 that removes the obligation of an employee to make any payment or satisfy any levy pursuant to a condition of employment, or agreement that such employee may have signed, that such employee shall pay any amount if such employee becomes a nonresident of the political subdivision or municipal corporation of the state.
Section 3. Effective date.
Justification
Currently, employees of New York City or any of its agencies who choose to live outside of New York City are deemed City Nonresident Individ- uals. These individuals must pay to the City the equivalent amount of city personal income tax as if they were residents of New York City.
This legislation would remove the requirement on nonresident employees of New York City to pay a city personal income tax fee. It is no longer acceptable to require these public employees to pay taxes in a munici- pality that they do not reside in.
Legislative history
2017-18: S391-a/A7101 - PASSED SENATE/gov't ops 2015-16: S8164 - Rules
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.