S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7201
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 15, 2011
                                      ___________
       Introduced  by M. of A. RAIA, BOYLE, WEPRIN, MONTESANO, P. RIVERA, MOLI-
         NARO, SCHROEDER, GRAF, McDONOUGH, SALADINO, DUPREY --  Multi-Sponsored
         by  -- M. of A. BARCLAY, CERETTO, CROUCH, GABRYSZAK, GALEF, PALMESANO,
         RA, TITONE -- read once and referred to the Committee on Labor
       AN ACT to amend the labor law, in relation to requiring  the  department
         of  labor  to  allow  persons with learning disabilities to enlist the
         assistance of a parent, guardian or authorized  person  when  claiming
         unemployment insurance benefits
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 596 of the labor law is amended  by  adding  a  new
    2  subdivision 7 to read as follows:
    3    7. ASSISTANCE FOR CLAIMING BENEFITS. A. NOTWITHSTANDING ANY OTHER LAW,
    4  RULE  OR REGULATION TO THE CONTRARY, A CLAIMANT WHO HAS A LEARNING DISA-
    5  BILITY MAY ENLIST THE ASSISTANCE OF A  PARENT,  GUARDIAN  OR  AUTHORIZED
    6  PERSON AT ANY TIME DURING THE CLAIM PROCESS FOR SUCH BENEFITS, INCLUDING
    7  BUT  NOT  LIMITED  TO,  USING  THE CLAIMANT'S PIN NUMBER WITH HIS OR HER
    8  CONSENT, PROVIDED THE  CLAIMANT  PROVIDES  PROOF,  IN  WRITING,  TO  THE
    9  DEPARTMENT THAT THE CLAIMANT HAS SUCH A DISABILITY.
   10    B. THE COMMISSIONER SHALL INCLUDE A CHECK BOX ON ALL FORMS PROVIDED BY
   11  THE  DEPARTMENT  TO  BE  USED BY CLAIMANTS TO FILE A CLAIM FOR BENEFITS,
   12  INDICATING THAT IF CHECKED, THE FORM IS BEING USED BY A  PERSON  WITH  A
   13  LEARNING  DISABILITY  AND THAT SUCH PERSON WILL BE ENLISTING THE ASSIST-
   14  ANCE OF A PARENT, GUARDIAN OR AUTHORIZED PERSON TO ASSIST  THE  CLAIMANT
   15  DURING THE CLAIM PROCESS.
   16    C.  THE COMMISSIONER SHALL PROVIDE FOR A LEARNING DISABILITY OPTION ON
   17  ANY AUTOMATED TELEPHONE SYSTEM TO BE USED BY CLAIMANTS, WHICH  ALLOWS  A
   18  PARENT,  GUARDIAN OR AUTHORIZED PERSON TO ASSIST THE CLAIMANT DURING THE
   19  CLAIM PROCESS OR WHICH PROVIDES ADDITIONAL ASSISTANCE TO CLAIMANTS  WITH
   20  LEARNING DISABILITIES FOR FILING SUCH CLAIMS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10567-01-1
       A. 7201                             2
    1    D.  FOR  PURPOSES  OF  THIS  SUBDIVISION, THE TERM "AUTHORIZED PERSON"
    2  SHALL MEAN AND INCLUDE ANY PERSON AUTHORIZED BY THE CLAIMANT TO  ACT  ON
    3  BEHALF OF THE CLAIMANT.
    4    S  2.  This  act  shall take effect on the sixtieth day after it shall
    5  have become a law; provided, however, that  effective  immediately,  the
    6  addition,  amendment  and/or  repeal of any rule or regulation necessary
    7  for the implementation of this act on its effective date are  authorized
    8  and directed to be made and completed on or before such effective date.