Bill Text: NY S06076 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 6076 (Prior Session Legislation)

Introduced

Bill Title: Relates to referees' hearings relating to unemployment insurance benefits involving the commercial goods transportation industry.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO LABOR [S06076 Detail]

Download: New_York-2015-S06076-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6076
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   October 27, 2015
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules
       AN ACT to amend the labor law, in relation to referees' hearings  relat-
         ing  to unemployment insurance benefits involving the commercial goods
         transportation industry
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Paragraph (b) of subdivision 1 of section 620 of the labor
    2  law, as amended by chapter 554 of the laws of 2010, is amended  to  read
    3  as follows:
    4    (b) When the initial determination of a claim for benefits, upon which
    5  a  hearing  has been requested, involves the question whether any person
    6  is or was an employer within the meaning of this article and is  or  was
    7  liable for the payment of contributions under this article, or the ques-
    8  tion whether an employer has fully complied with the obligations imposed
    9  by  this  article,  written notice of the hearing shall be given to such
   10  persons or employer, either personally or by mail, and thereupon he, she
   11  or such employer shall be deemed a party to the proceeding, entitled  to
   12  be  heard.  Upon  such  notice  having  been given, the referee may then
   13  decide such question or questions and any other issue  related  thereto,
   14  and,  EXCEPT  FOR  CASES  INVOLVING  THE COMMERCIAL GOODS TRANSPORTATION
   15  INDUSTRY, AS DEFINED IN ARTICLE TWENTY-FIVE-C OF THIS  CHAPTER,  his  or
   16  her  decision shall not be deemed limited in its effect to the immediate
   17  claimant making the claim for benefits but shall  be  deemed  a  general
   18  determination  of  such  questions with respect to all those employed by
   19  such person or employer  FOR  ALL  OF  THE  PURPOSES  OF  THIS  ARTICLE,
   20  PROVIDED  THAT  THE  FACTS  AND  CIRCUMSTANCES OF THE OTHERS TO WHOM THE
   21  DETERMINATION SHALL APPLY ARE THE SAME FACTS AND CIRCUMSTANCES AS  THOSE
   22  IN THE CLAIM BROUGHT BY THE CLAIMANT, for all the purposes of this arti-
   23  cle[,  and such]. SUCH decision shall be conclusive and binding upon the
   24  claimant and such person or employer, subject, however, to the right  to
   25  appeal hereinafter provided.
   26    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13074-02-5