Bill Text: NY A05375 | 2013-2014 | General Assembly | Amended

New York Assembly Bill 5375 (Prior Session Legislation)

Bill Title: Enacts the "Unemployment Insurance Liability Act of 2014;" requires that employers that are 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 9-0)

Status: (Introduced - Dead) 2014-01-22 - print number 5375a [A05375 Detail]

Download: New_York-2013-A05375-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5375--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 25, 2013
                                      ___________
       Introduced  by  M. of A. BRENNAN, PEOPLES-STOKES, CAHILL, JAFFEE, COLTON
         -- Multi-Sponsored by -- M. of A. CLARK, COOK, HOOPER, PERRY  --  read
         once  and  referred  to  the  Committee on Labor -- recommitted to the
         Committee on Labor in accordance with  Assembly  Rule  3,  sec.  2  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the labor law, in relation to enacting the  Unemployment
         Insurance Liability Act of 2014
         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 2014".
    3    S  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    S 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06939-03-4
       A. 5375--A                          2
    1  three hundred dollars or more in  any  of  the  four  calendar  quarters
    2  preceding such day.
    3     (b)  AN  EMPLOYER  WHO HAS RELOCATED OUT OF STATE SHALL REMAIN LIABLE
    4  FOR CONTRIBUTIONS TO THE FUND FOR TWO QUARTERS FROM THE  DATE  ON  WHICH
    5  THE RELOCATION OCCURRED. CONTRIBUTIONS TO THE FUND SHALL BE BASED ON THE
    6  FINAL QUARTERLY REPORT AS SUBMITTED.
    7    (C) AN EMPLOYER WHO HAS RELOCATED OUT OF STATE SHALL:
    8    (I)  IDENTIFY  ALL EMPLOYEES BEING TERMINATED AS A RESULT OF THE RELO-
    9  CATION, AND
   10    (II) INCLUDE THE AMOUNT OF WEEKLY WAGES PAID TO  SUCH  INDIVIDUALS  AS
   11  PART OF THE FINAL QUARTERLY PAYROLL REPORT SUBMITTED TO THE DEPARTMENT.
   12    (D)    Any employer who has once become liable for contributions under
   13  this article with respect to persons employed in  personal  or  domestic
   14  service  in  a private home shall cease to be liable as of the first day
   15  of the calendar quarter next following the filing of his written  appli-
   16  cation,  provided  the commissioner finds that the employer has not with
   17  respect to such persons  paid  remuneration  in  cash  of  five  hundred
   18  dollars or more in any of the four calendar quarters preceding such day.
   19    S 4. This act shall take effect immediately.