Bill Text: NY A04577 | 2019-2020 | General Assembly | Introduced

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Bill Title: Exempts an employer from paying into the unemployment insurance fund with respect to former public assistance recipients who are now his employees and direct the commissioner of labor and the commissioner of the office of temporary and disability assistance to report to the legislature on the effectiveness of such provision.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2020-07-15 - held for consideration in labor [A04577 Detail]

Download: New_York-2019-A04577-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4577
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced by M. of A. BYRNES -- read once and referred to the Committee
          on Labor
        AN  ACT  to  amend the labor law, in relation to computation of contrib-
          utions to the unemployment  insurance  fund;  and  providing  for  the
          repeal of certain provisions upon expiration thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The labor law is amended by adding a new section  581-e  to
     2  read as follows:
     3    §  581-e. Rates of contributions to fund welfare-to-work. 1.  Notwith-
     4  standing the provisions of section five hundred eighty-one of this title
     5  to the contrary, any employer whose  employee  received  benefits  as  a
     6  claimant  under this article shall not have included in their experience
     7  rating charges the amount so paid to the employee from the fund  if  the
     8  claimant to whom those benefits were paid was:
     9    (a)  a  primary  wage  earner who was a recipient of public assistance
    10  under a New York public assistance  program  in  the  six  month  period
    11  commencing from the time wages were first paid by that employer;
    12    (b) paid wages by that employer for no more than six months; and
    13    (c) paid wages by that employer of less than five thousand dollars.
    14    2. The commissioner shall by regulation establish standards for appli-
    15  cation  by  employers  for  permission  to  exclude such payment and the
    16  provisions of subdivision six of section five hundred eighty-one of this
    17  title shall not apply hereto.
    18    3. The provisions of this section shall apply to  an  employer  liable
    19  for  payments in lieu of contributions, but if the secretary of labor of
    20  the United States finds that their application to such employer does not
    21  meet  the  requirements  of  the  Federal  Unemployment  Tax  Act,  such
    22  provisions  shall  be  inoperative with respect to such employer, unless
    23  and until such finding has been set aside pursuant to a  final  decision
    24  issued  in  accordance  with  such judicial review proceedings as may be
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08472-01-9
        A. 4577                             2
     1  instituted and completed under the provisions  of  section  thirty-three
     2  hundred ten of the Federal Unemployment Tax Act.
     3    4. If the commissioner finds that an employer discharged the claimant,
     4  or  engaged  in the employment practice of discharging workers, in order
     5  to meet the requirements of paragraphs (b) and (c) of subdivision one of
     6  this section, then the provisions  of  this  section  shall  not  apply.
     7  Furthermore,  if  the  employer  acts in the aforementioned manner, such
     8  action shall constitute a violation of this section  and  shall  subject
     9  the  employer to the penalties set forth in section two hundred thirteen
    10  of this chapter.
    11    § 2. The commissioner of labor, in consultation with the  commissioner
    12  of  the office of temporary and disability assistance, shall examine and
    13  assess the effectiveness of this act on facilitating the entry of public
    14  assistance recipients into the private sector work force.  Such  commis-
    15  sioners,  shall  submit a joint report to the governor; temporary presi-
    16  dent of the senate; speaker of the  assembly;  minority  leader  of  the
    17  assembly;  and  the  minority  leader  of the senate, by January 1, 2023
    18  detailing findings, conclusions and recommendations regarding this act.
    19    § 3. This act shall take effect on the first of January next  succeed-
    20  ing  the  date  on  which it shall have become a law; provided, however,
    21  that section one of this act shall expire January 1, 2022 when upon such
    22  date the provisions of such section shall be deemed repealed.