S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 23, 2013
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor -- recommitted to
the Committee on Labor in accordance with Senate Rule 6, sec. 8 --
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:
Section 1. Short title. This act shall be known and may be cited as
the "Unemployment Insurance Liability Act of 2014".
S 2. Legislative findings. The legislature hereby finds and declares
that employers that have relocated out of New York state are not
required to make scheduled quarterly contributions to the unemployment
insurance fund once they have left the state.
The legislature further declares that this creates a continuing hard-
ship on the fund which threatens its solvency.
Therefore, the legislature declares that employer contributions to the
unemployment insurance fund shall continue even after the employer has
left New York state, where former employees are receiving benefits.
S 3. Subdivision 1 of section 562 of the labor law, as amended by
chapter 103 of the laws of 1965, is amended to read as follows:
1. Required coverage. (a) Any employer who has once become liable
for contributions under this article with respect to persons other than
persons employed in personal or domestic service in private homes shall
[cease to be liable as of] REMAIN LIABLE UNTIL the first day of the
calendar quarter next following the filing of his written application
provided the commissioner finds that the employer has not RELOCATED OUT
OF STATE OR, with respect to [such] persons OTHER THAN THOSE EMPLOYED IN
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.
S. 2706--A 2
three hundred dollars or more in any of the four calendar quarters
preceding such day.
(b) AN EMPLOYER WHO HAS RELOCATED OUT OF STATE SHALL REMAIN LIABLE
FOR CONTRIBUTIONS TO THE FUND FOR TWO QUARTERS FROM THE DATE ON WHICH
THE RELOCATION OCCURRED. CONTRIBUTIONS TO THE FUND SHALL BE BASED ON THE
FINAL QUARTERLY REPORT AS SUBMITTED.
(C) AN EMPLOYER WHO HAS RELOCATED OUT OF STATE SHALL:
(I) IDENTIFY ALL EMPLOYEES BEING TERMINATED AS A RESULT OF THE RELO-
(II) INCLUDE THE AMOUNT OF WEEKLY WAGES PAID TO SUCH INDIVIDUALS AS
PART OF THE FINAL QUARTERLY PAYROLL REPORT SUBMITTED TO THE DEPARTMENT.
(D) Any employer who has once become liable for contributions under
this article with respect to persons employed in personal or domestic
service in a private home shall cease to be liable as of the first day
of the calendar quarter next following the filing of his written appli-
cation, provided the commissioner finds that the employer has not with
respect to such persons paid remuneration in cash of five hundred
dollars or more in any of the four calendar quarters preceding such day.
S 4. This act shall take effect immediately.