senate Bill S7440

Extends the provisions of chapter 831 of the laws of 1981, amending the labor law relating to fees and expenses in unemployment insurance proceedings

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / May / 2014
    • REFERRED TO LABOR
  • 03 / Jun / 2014
    • 1ST REPORT CAL.1193
  • 09 / Jun / 2014
    • 2ND REPORT CAL.
  • 10 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • SUBSTITUTED BY A9115

Summary

Extends the provisions relating to fees and expenses in unemployment insurance proceedings.

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Bill Details

See Assembly Version of this Bill:
A9115
Versions:
S7440
Legislative Cycle:
2013-2014
Law Section:
Labor Law
Laws Affected:
Amd ยง3, Chap 831 of 1981

Votes

13
1
13
Aye
1
Nay
1
aye with reservations
1
absent
0
excused
0
abstained
show Labor committee vote details

Sponsor Memo

BILL NUMBER:S7440

TITLE OF BILL: An act to amend chapter 831 of the laws of 1981, amend-
ing the labor law relating to fees and expenses in unemployment insur-
ance proceedings, in relation to extending the provisions of such chap-
ter

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill Is to extend
for two years, until December 31, 2016, provisions of law relating to
fees and expenses in unemployment insurance proceedings, which are due
to expire on December 31, 2014.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Section 3 of Chapter
831 of the Laws of 1981, to extend the current sunset date of paragraphs
(a) and (c) of subdivision 3 of section 538, from December 31, 2014, to
December 31, 2016.

Paragraphs(a) and (c):

* Require that for an agent to be registered as authorized to represent
claimants, that agent must provide the Unemployment Insurance Appeal
Board with his name, business address and telephone number and by post-
ing a $500 bond with the appeal board for the benefit of claimants
charged certain fees by that agent.

* Require that for an agent to be registered as authorized to represent
an employer, that agent must provide the Appeal Board with a letter of
authorization from the employer.

* Prohibit the registration of any agent who knowingly violates the law
regarding compensation of representatives for services rendered to a
claimant.

* Require that the Appeal Board maintains lists of authorized agents and
attorneys who are available to represent claimants and makes these lists
available to claimants on request.

Section 2 is the effective date.

JUSTIFICATION: Chapter 831 of the Laws of 1981 set standards for the
fees and compensation of attorneys who represent claimants, as well as
fees for any witnesses that m y be involved, in proceedings before the
Unemployment Insurance Appeal Board. The expiring provisions also estab-
lish guidelines for the agents who are authorized by the Board to
provide representation services in these appellate proceedings. These
are important consumer protections that ensure that claimants are prop-
erty represented and are not charged an undue fee. It is important that
as more New York citizens rely on Unemployment Insurance while seeking
sustainable employment, they continue to be represented by qualified
agents at fair rates.

PRIOR LEGISLATIVE HISTORY: New bill.

EFFECTIVE DATE: Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7440

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend chapter 831 of the laws of 1981, amending the labor  law
  relating  to  fees and expenses in unemployment insurance proceedings,
  in relation to extending the provisions of such chapter

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 3 of chapter 831 of the laws of 1981, amending the
labor law relating  to  fees  and  expenses  in  unemployment  insurance
proceedings,  as  amended by chapter 331 of the laws of 2012, is amended
to read as follows:
  S 3. This act shall take effect January 1,  1982,  provided,  however,
that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
law  as  added by section one of this act shall remain in full force and
effect until December 31, [2014] 2016.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13816-01-4

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