Bill Text: NY A00174 | 2019-2020 | General Assembly | Introduced

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Bill Title: Enacts the "Unemployment Insurance Liability Act of 2019"; requires that employers that have relocated out of New York State continue to contribute to the unemployment insurance fund when former employees of the employer are receiving benefits for two quarters; mandates that employers shall identify all employees being terminated as a result of the relocation and include the amount of weekly wages paid to such individuals as part of the final quarterly payroll report submitted to the department of insurance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to labor [A00174 Detail]

Download: New_York-2019-A00174-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           174
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by M. of A. CAHILL -- read once and referred to the Committee
          on Labor
        AN  ACT to amend the labor law, in relation to enacting the Unemployment
          Insurance Liability Act of 2019
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Unemployment Insurance Liability Act of 2019".
     3    § 2. Legislative findings. The legislature hereby finds  and  declares
     4  that  employers  that  have  relocated  out  of  New  York state are not
     5  required to make scheduled quarterly contributions to  the  unemployment
     6  insurance fund once they have left the state.
     7    The  legislature further declares that this creates a continuing hard-
     8  ship on the fund which threatens its solvency.
     9    Therefore, the legislature declares that employer contributions to the
    10  unemployment insurance fund shall continue even after the  employer  has
    11  left New York state, where former employees are receiving benefits.
    12    §  3.  Subdivision  1  of  section 562 of the labor law, as amended by
    13  chapter 103 of the laws of 1965, is amended to read as follows:
    14     1.  Required coverage. (a)  Any employer who has once  become  liable
    15  for  contributions under this article with respect to persons other than
    16  persons employed in personal or domestic service in private homes  shall
    17  [cease  to  be  liable  as  of] remain liable until the first day of the
    18  calendar quarter next following the filing of  his  written  application
    19  provided  the commissioner finds that the employer has not relocated out
    20  of state or, with respect to [such] persons other than those employed in
    21  personal or domestic service in  private  homes,  paid  remuneration  of
    22  three  hundred  dollars  or  more  in  any of the four calendar quarters
    23  preceding such day.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00022-01-9
        A. 174                              2
     1     (b) An employer who has relocated out of state  shall  remain  liable
     2  for  contributions  to  the fund for two quarters from the date on which
     3  the relocation occurred. Contributions to the fund shall be based on the
     4  final quarterly report as submitted.
     5    (c) An employer who has relocated out of state shall:
     6    (i)  identify  all employees being terminated as a result of the relo-
     7  cation, and
     8    (ii) include the amount of weekly wages paid to  such  individuals  as
     9  part of the final quarterly payroll report submitted to the department.
    10    (d)    Any employer who has once become liable for contributions under
    11  this article with respect to persons employed in  personal  or  domestic
    12  service  in  a private home shall cease to be liable as of the first day
    13  of the calendar quarter next following the filing of his written  appli-
    14  cation,  provided  the commissioner finds that the employer has not with
    15  respect to such persons  paid  remuneration  in  cash  of  five  hundred
    16  dollars or more in any of the four calendar quarters preceding such day.
    17    § 4. This act shall take effect immediately.