S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6091
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 4, 2011
                                      ___________
       Introduced  by  M.  of A. WRIGHT -- (at request of the Governor) -- read
         once and referred to the Committee on Labor
       AN ACT to amend the labor law, in  relation  to  unemployment  insurance
         extended benefits
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 1 of section 601 of the  labor
    2  law is amended by adding a new subparagraph 5 to read as follows:
    3    (5)  NOTWITHSTANDING  THE  PROVISIONS  OF SUBPARAGRAPHS ONE AND TWO OF
    4  THIS PARAGRAPH, WITH RESPECT TO COMPENSATION FOR WEEKS  OF  UNEMPLOYMENT
    5  BEGINNING AFTER JANUARY THIRTY-FIRST, TWO THOUSAND ELEVEN, AND ENDING ON
    6  OR BEFORE THE EXPIRATION DATES SET FORTH IN PUBLIC LAW 111-312:
    7    THERE  SHALL  BE A "STATE 'ON' INDICATOR" FOR A WEEK IF, AS DETERMINED
    8  BY THE COMMISSIONER IN ACCORDANCE WITH THE REGULATIONS OF THE  SECRETARY
    9  OF  LABOR OF THE UNITED STATES, THE RATE OF INSURED UNEMPLOYMENT FOR THE
   10  PERIOD CONSISTING OF SUCH WEEK AND THE PRECEDING TWELVE WEEKS
   11    (I) EQUALED OR EXCEEDED FIVE PERCENTUM AND
   12    (II) EQUALED OR EXCEEDED ONE HUNDRED TWENTY PER CENTUM OF THE  AVERAGE
   13  OF SUCH RATES FOR THE CORRESPONDING THIRTEEN-WEEK PERIODS ENDING IN EACH
   14  OF THE PRECEDING THREE CALENDAR YEARS; OR
   15    (III)  FOR WEEKS OF UNEMPLOYMENT BEGINNING ON OR AFTER FEBRUARY FIRST,
   16  TWO THOUSAND NINE UNTIL THE WEEK ENDING THREE WEEKS PRIOR  TO  THE  LAST
   17  WEEK  FOR  WHICH  ONE  HUNDRED  PERCENT FEDERAL SHARING IS AUTHORIZED BY
   18  SECTION 2005(A) OF PUBLIC LAW 111-5, OR FOR WEEKS OF UNEMPLOYMENT ENDING
   19  THREE WEEKS PRIOR TO THE LAST WEEK FOR WHICH CONGRESS, PURSUANT  TO  ANY
   20  FUTURE AMENDMENT OF THE FEDERAL STATE EXTENDED COMPENSATION ACT OF 1970,
   21  HAS  AUTHORIZED  ONE  HUNDRED  PERCENT  FEDERAL  SHARING, WHICH MEET THE
   22  FOLLOWING:
   23    (A) THE AVERAGE RATE OF TOTAL UNEMPLOYMENT (SEASONABLY  ADJUSTED),  AS
   24  DETERMINED  BY  THE  UNITED  STATES  SECRETARY  OF LABOR, FOR THE PERIOD
   25  CONSISTING OF THE MOST RECENT THREE MONTHS FOR WHICH DATA FOR ALL STATES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12009-02-1
       A. 6091                             2
    1  ARE PUBLISHED BEFORE THE CLOSE OF SUCH WEEK EQUALS OR  EXCEEDS  SIX  AND
    2  ONE-HALF PERCENT, AND
    3    (B)  THE  AVERAGE  RATE OF TOTAL UNEMPLOYMENT IN THE STATE (SEASONABLY
    4  ADJUSTED), AS DETERMINED BY THE UNITED STATES SECRETARY  OF  LABOR,  FOR
    5  THE THREE-MONTH PERIOD REFERRED TO IN ITEM (A) OF THIS CLAUSE, EQUALS OR
    6  EXCEEDS  ONE  HUNDRED  TEN  PERCENT OF THE AVERAGE FOR ANY OR ALL OF THE
    7  CORRESPONDING THREE-MONTHS PERIODS ENDING IN THE THREE PRECEDING  CALEN-
    8  DAR YEARS.
    9    S  2.  This  act  shall take effect immediately and shall be deemed to
   10  have been in full force and effect on and after February 1, 2011.