Bill Text: NY S08231 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges.

Spectrum: Slight Partisan Bill (Democrat 9-4)

Status: (Introduced - Dead) 2020-06-18 - PRINT NUMBER 8231A [S08231 Detail]

Download: New_York-2019-S08231-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8231--A

                    IN SENATE

                                     April 27, 2020
                                       ___________

        Introduced  by Sens. CARLUCCI, BOYLE, BROOKS, GAUGHRAN, HOYLMAN, KAPLAN,
          LITTLE, METZGER, MONTGOMERY, RANZENHOFER, THOMAS  --  read  twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Labor -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT to amend the labor law, in relation to prohibiting the inclusion
          of claims for unemployment insurance arising from the  closure  of  an
          employer  due to COVID-19 from being included in such employer's expe-
          rience rating charges

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of section 581-a of the labor law, as amended
     2  by chapter 617 of the laws of 1977, is amended to read as follows:
     3    3.  Notwithstanding  the provisions of section five hundred eighty-one
     4  of this title to the contrary,  any  employer  whose  employees  receive
     5  payments  under this article and whose claims for unemployment insurance
     6  arise due to the closure of the employer or a reduction in the workforce
     7  of the employer for reasons related to novel coronavirus,  COVID-19,  or
     8  due to a mandatory order of a government entity duly authorized to issue
     9  such  order to close such employer, on or after March twelfth, two thou-
    10  sand twenty shall not have included in their experience  rating  charges
    11  the amounts so paid to the employees from the fund.
    12    4.  The  provisions  of this section shall apply to an employer liable
    13  for payments in lieu of contributions, but if the secretary of labor  of
    14  the United States finds that their application to such employer does not
    15  meet  the  requirements  of  the  Federal  Unemployment  Tax  Act,  such
    16  provisions shall be inoperative with respect to  such  employer,  unless
    17  and  until  such finding has been set aside pursuant to a final decision
    18  issued in accordance with such judicial review  proceedings  as  may  be
    19  instituted  and  completed  under the provisions of section thirty-three
    20  hundred ten of the Federal Unemployment Tax Act.
    21    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16077-04-0