Bill Text: NY S02136 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to penalties for wilful false statements by employers to avoid payment of unemployment benefits.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LABOR [S02136 Detail]
Download: New_York-2021-S02136-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2136 2021-2022 Regular Sessions IN SENATE January 20, 2021 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to penalties for wilful false statements for unemployment purposes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 594 of the labor law, as amended by section 16 of 2 part O of chapter 57 of the laws of 2013, subdivision 6 as added by 3 chapter 97 of the laws of 2020, is amended to read as follows: 4 § 594. [Reduction and recovery] Recovery of benefits and penalties for 5 wilful false statement. (1) A claimant or employer who has wilfully made 6 a false statement or representation to obtain or avoid any benefit under 7 the provisions of this article shall [forfeit benefits for at least the8first four but not more than the first eighty effective days following9discovery of such offense for which he or she otherwise would have been10entitled to receive benefits. Such penalty shall apply only once with11respect to each such offense.12(2) For the purpose of subdivision four of section five hundred ninety13of this article, the claimant shall be deemed to have received benefits14for such forfeited effective days.15(3) The penalty provided in this section shall not be confined to a16single benefit year but shall no longer apply in whole or in part after17the expiration of two years from the date of the final determination.18Such two-year period shall be tolled during the time period a claimant19has an appeal pending.20(4)] be subject to the penalties set forth in this section. 21 (2) A claimant shall refund all moneys received because of such false 22 statement or representation and pay a civil penalty in an amount equal 23 to the greater of one hundred dollars or fifteen percent of the total 24 overpaid benefits determined pursuant to this section. An employer who 25 wilfully made a false statement or representation to avoid payment of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04795-01-1S. 2136 2 1 any benefit under the provisions of this article shall pay a civil 2 penalty in an amount equal to the greater of one hundred dollars or 3 fifteen percent of the total benefit determined pursuant to this 4 section. The penalties collected hereunder shall be deposited in the 5 fund. The penalties assessed under this subdivision shall apply and be 6 assessed for any benefits paid under federal unemployment and extended 7 unemployment programs administered by the department in the same manner 8 as provided in this article. The penalties in this section shall be in 9 addition to any penalties imposed under this chapter or any state or 10 federal criminal statute. No penalties or interest assessed pursuant to 11 this section may be deducted or withheld from benefits. 12 [(5)] (3) (a) Upon a determination based upon a willful false state- 13 ment or representation becoming final through exhaustion of appeal 14 rights or failure to exhaust hearing rights, the commissioner may 15 recover the amount found to be due by commencing a civil action, or by 16 filing with the county clerk of the county where the claimant resides 17 the final determination of the commissioner or the final decision by an 18 administrative law judge, the appeal board, or a court containing the 19 amount found to be due including interest and civil penalty. The commis- 20 sioner may only make such a filing with the county clerk when: 21 (i) The claimant has responded to requests for information prior to a 22 determination and such requests for information notified the claimant of 23 his or her rights to a fair hearing as well as the potential conse- 24 quences of an investigation and final determination under this section 25 including the notice required by subparagraph (iii) of paragraph (b) of 26 this subdivision. Additionally if the claimant requested a fair hearing 27 or appeal subsequent to a determination, that the claimant was present 28 either in person or through electronic means at such hearing, or subse- 29 quent appeal from which a final determination was rendered; 30 (ii) The commissioner has made efforts to collect on such final deter- 31 mination; and 32 (iii) The commissioner has sent a notice, in accordance with paragraph 33 (b) of this subdivision, of intent to docket such final determination by 34 first class or certified mail, return receipt requested, ten days prior 35 to the docketing of such determination. 36 (b) The notice required in subparagraph (iii) of paragraph (a) of this 37 subdivision shall include the following: 38 (i) That the commissioner intends to docket a final determination 39 against such claimant as a judgment; 40 (ii) The total amount to be docketed; and 41 (iii) Conspicuous language that reads as follows: "Once entered, a 42 judgment is good and can be used against you for twenty years, and your 43 money, including a portion of your paycheck and/or bank account, may be 44 taken. Also, a judgment will hurt your credit score and can affect your 45 ability to rent a home, find a job, or take out a loan." 46 [(6)] (4) Notwithstanding the provisions of this section, throughout 47 the duration of the state disaster emergency declared by executive order 48 number two hundred two and any further amendments or modifications ther- 49 eto, the penalties and requirements of [subdivisions] subdivision one[,50two, and three] of this section shall not be applicable to claimants 51 otherwise entitled to receive benefits under this article. 52 § 2. Section one of this act shall apply to all false statements and 53 representations determined on or after the effective date of this act 54 and all forfeited effective days determined prior to such effective date 55 shall remain in full force and effect for two years from the expiration 56 of the initial determination. For purposes of applying such forfeitedS. 2136 3 1 benefits, each effective day shall be considered twenty-five percent of 2 a claimant's weekly benefit rate. 3 § 3. This act shall take effect on the sixtieth day after it shall 4 have become a law; provided, however, that the amendments to subdivision 5 (6) of section 594 of the labor law made by section one of this act 6 shall not affect the repeal of such subdivision and shall be deemed 7 repealed therewith.