Bill Text: NY S08275 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Suspends the forfeiture of unemployment benefits during the COVID-19 state of emergency.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Passed) 2020-06-13 - SIGNED CHAP.97 [S08275 Detail]

Download: New_York-2019-S08275-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8275

                    IN SENATE

                                       May 1, 2020
                                       ___________

        Introduced  by Sen. MARTINEZ -- 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 suspending the  forfeiture
          of unemployment benefits during the COVID-19 state of emergency

          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 is amended  by  adding  a  new
     2  subdivision 1-a to read as follows:
     3    (1-a)  The  commissioner  shall  temporarily  suspend the reduction of
     4  benefits through forfeiture under this section during the period of  the
     5  COVID-19  emergency  declaration.  A  claimant  who has filed a previous
     6  claim which the department determined contained a willful  false  state-
     7  ment  or  representation  resulting  in  the  imposition of forfeit days
     8  against them shall be eligible to  receive  benefits  under  this  title
     9  during  the  COVID-19 emergency, if otherwise entitled to such benefits;
    10  provided however that such claimant shall be required to pay the  refund
    11  and  penalties  required  under this section at the end of the emergency
    12  period and any forfeiture shall  be  reinstated.  The  two  year  period
    13  provided in subdivision three of this section shall be tolled during the
    14  time  that  the  forfeiture of benefits is suspended under this subdivi-
    15  sion. For the purposes of this subdivision, the term "COVID-19 emergency
    16  declaration" shall mean the state disaster emergency  declared  for  the
    17  entire  state  by executive order number two hundred two and any further
    18  amendments or modifications, and as may be further extended pursuant  to
    19  section twenty-eight of the executive law.
    20    §  2.  This act shall take effect immediately, provided, however, that
    21  this act shall be subject to the expiration of the state disaster  emer-
    22  gency  declared  for  the entire state by executive order number 202 and
    23  any further amendments or modifications, and as may be further  extended
    24  pursuant  to  section  28  of  the executive law, and shall be deemed to
    25  expire and be repealed therewith; provided, further,  that  the  commis-
    26  sioner  of  labor  shall notify the legislative bill drafting commission
    27  upon the occurrence of the expiration of the  state  disaster  emergency
    28  declared  by  executive  order  number 202 and any further amendments or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16222-01-0
        S. 8275                             2

     1  modifications, and as may be further extended pursuant to section 28  of
     2  the executive law, in order that the commission may maintain an accurate
     3  and  timely  effective data base of the official text of the laws of the
     4  state  of  New  York  in  furtherance  of effectuating the provisions of
     5  section 44 of the legislative law and section 70-b of the  public  offi-
     6  cers law.