Bill Text: NY S05016 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts the "Unemployment Insurance Liability Act of 2019"; requires that employers that have relocated out of New York State continue to contribute to the unemployment insurance fund when former employees of the employer are receiving benefits for two quarters; mandates that employers shall identify all employees being terminated as a result of the relocation and include the amount of weekly wages paid to such individuals as part of the final quarterly payroll report submitted to the department of insurance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-03 - REFERRED TO LABOR [S05016 Detail]

Download: New_York-2019-S05016-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5016
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 3, 2019
                                       ___________
        Introduced  by  Sen.  PARKER -- 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 enacting the  Unemployment
          Insurance Liability Act of 2019
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Unemployment Insurance Liability Act of 2019".
     3    §  2.  Legislative findings. The legislature hereby finds and declares
     4  that employers that have  relocated  out  of  New  York  state  are  not
     5  required  to  make scheduled quarterly contributions to the unemployment
     6  insurance fund once they have left the state.
     7    The legislature further declares that this creates a continuing  hard-
     8  ship on the fund which threatens its solvency.
     9    Therefore, the legislature declares that employer contributions to the
    10  unemployment  insurance  fund shall continue even after the employer has
    11  left New York state, where former employees are receiving benefits.
    12    § 3. Subdivision 1 of section 562 of the  labor  law,  as  amended  by
    13  chapter 103 of the laws of 1965, is amended to read as follows:
    14     1.    Required coverage. (a)  Any employer who has once become liable
    15  for contributions under this article with respect to persons other  than
    16  persons  employed in personal or domestic service in private homes shall
    17  [cease to be liable as of] remain liable until  the  first  day  of  the
    18  calendar  quarter  next  following the filing of his written application
    19  provided the commissioner finds that the employer has not relocated  out
    20  of state or, with respect to [such] persons other than those employed in
    21  personal  or  domestic  service  in  private homes, paid remuneration of
    22  three hundred dollars or more in  any  of  the  four  calendar  quarters
    23  preceding such day.
    24     (b)  An  employer  who has relocated out of state shall remain liable
    25  for contributions to the fund for two quarters from the  date  on  which
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00022-01-9

        S. 5016                             2
     1  the relocation occurred. Contributions to the fund shall be based on the
     2  final quarterly report as submitted.
     3    (c) An employer who has relocated out of state shall:
     4    (i)  identify  all employees being terminated as a result of the relo-
     5  cation, and
     6    (ii) include the amount of weekly wages paid to  such  individuals  as
     7  part of the final quarterly payroll report submitted to the department.
     8    (d)    Any employer who has once become liable for contributions under
     9  this article with respect to persons employed in  personal  or  domestic
    10  service  in  a private home shall cease to be liable as of the first day
    11  of the calendar quarter next following the filing of his written  appli-
    12  cation,  provided  the commissioner finds that the employer has not with
    13  respect to such persons  paid  remuneration  in  cash  of  five  hundred
    14  dollars or more in any of the four calendar quarters preceding such day.
    15    § 4. This act shall take effect immediately.
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