Bill Text: NY A05902 | 2017-2018 | 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: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2018-04-24 - held for consideration in labor [A05902 Detail]

Download: New_York-2017-A05902-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5902
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 17, 2017
                                       ___________
        Introduced  by  M. of A. ERRIGO -- Multi-Sponsored by -- M. of A. HAWLEY
          -- 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 such 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 arti-
     5  cle  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  article 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.
                                                                   LBD09059-01-7
        A. 5902                             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, 2021
    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.