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Assembly Bill A3703

2009-2010 Legislative Session

Relates to benefits which a non-professional employee of an educational institution may receive; repealer

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A3703 - Details

Current Committee:
Assembly Ways And Means
Laws Affected:
Rpld §590 sub 11, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6041
2013-2014: A2455
2015-2016: A2732
2017-2018: A2111
2019-2020: A616
2021-2022: A1217
2023-2024: A356
2025-2026: A3462

2009-A3703 - Summary

Relates to benefits which a non-professional employee of an educational institution may receive.

2009-A3703 - Bill Text download pdf 

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

                                  3703

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A. JOHN, NOLAN -- Multi-Sponsored by -- M. of A.
  DIAZ, DINOWITZ, GOTTFRIED, LANCMAN, LIFTON, O'DONNELL, POWELL --  read
  once and referred to the Committee on Labor

AN  ACT  to  amend  the  labor law, in relation to unemployment benefits
  based on professional employment with educational institutions; and to
  repeal subdivision 11 of section 590 of such law,  relating  to  unem-
  ployment  benefits  based  on non-professional employment with certain
  educational institutions

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

  Section  1. Subdivision 10 of section 590 of the labor law, as amended
by chapter 589 of the laws of 1998, the opening paragraph as amended  by
chapter  734 of the laws of 2004 and paragraph (c) as amended by chapter
102 of the laws of 2002, is amended to read as follows:
  10.  Benefits based on professional  AND  NON-PROFESSIONAL  employment
with  educational  institutions,  including  the state university of New
York, the city university of New York and any public community colleges.
If a claimant was employed in an instructional, research,  or  principal
administrative  capacity  by  an institution of education, including the
state university of New York, the city university of New  York  and  any
public  community colleges, or performed services in such an institution
in such capacity while employed by an educational  service  agency,  the
following  shall  apply to any week commencing during the period between
two successive academic years or  terms,  or  during  a  similar  period
between  two regular but not successive terms when the contract provides
therefor instead, provided the claimant has a contract to  perform[,  or
there  is  a  reasonable  assurance  that  the  claimant  will perform],
services in such capacity for any such institution or  institutions  for
both  of  such  academic years or such terms, and to any week commencing
during an established and customary vacation period or  holiday  recess,
not  between  such  academic  terms  or  years,  provided  the  claimant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03642-02-9

2009-A3703A - Details

Current Committee:
Assembly Ways And Means
Laws Affected:
Rpld §590 sub 11, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6041
2013-2014: A2455
2015-2016: A2732
2017-2018: A2111
2019-2020: A616
2021-2022: A1217
2023-2024: A356
2025-2026: A3462

2009-A3703A - Summary

Relates to benefits which a non-professional employee of an educational institution may receive.

2009-A3703A - Sponsor Memo

2009-A3703A - Bill Text download pdf 

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

                                 3703--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. JOHN, NOLAN, KAVANAGH -- Multi-Sponsored by -- M.
  of  A.  DINOWITZ, GOTTFRIED, LANCMAN, LIFTON, O'DONNELL, POWELL, PRET-
  LOW -- read once and referred to the Committee on Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to repeal subdivision 11 of section 590 of the labor law, relat-
  ing to unemployment benefits based on non-professional employment with
  certain educational institutions

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

  Section  1.    Subdivision  11  of  section  590  of  the labor law is
REPEALED.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.
  REPEAL NOTE.--Subdivision 11 of section 590 of the labor law, proposed
to be repealed by section one of this act, relates to limiting the unem-
ployment  insurance  benefits  which  a  non-professional employee of an
educational institution may receive during vacation periods.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03642-06-9

co-Sponsors

multi-Sponsors

2009-A3703B - Details

Current Committee:
Assembly Ways And Means
Laws Affected:
Rpld §590 sub 11, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6041
2013-2014: A2455
2015-2016: A2732
2017-2018: A2111
2019-2020: A616
2021-2022: A1217
2023-2024: A356
2025-2026: A3462

2009-A3703B - Summary

Relates to benefits which a non-professional employee of an educational institution may receive.

2009-A3703B - Sponsor Memo

2009-A3703B - Bill Text download pdf 

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

                                 3703--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M. of A. JOHN, NOLAN, KAVANAGH, PERRY -- Multi-Sponsored
  by -- M. of A.    DINOWITZ,  GOTTFRIED,  LANCMAN,  LIFTON,  O'DONNELL,
  POWELL, PRETLOW -- read once and referred to the Committee on Labor --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Labor
  in accordance with Assembly Rule 3, sec. 2 -- reported and referred to
  the Committee on Ways and Means -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the labor law,  in  relation  to  unemployment  benefits
  based  on  non-professional employment with certain educational insti-
  tutions

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

  Section  1.  Subdivision 11 of section 590 of the labor law is amended
by adding a new paragraph (e) to read as follows:
  (E) IN THE CASE OF COLLEGES OR UNIVERSITIES ASSIGNED THE NORTH  AMERI-
CAN INDUSTRY CLASSIFICATION CODE 611310 OR 611210 FOR SERVICES PERFORMED
IN  ANY  CAPACITY  OTHER  THAN  A PRINCIPAL, ADMINISTRATIVE, RESEARCH OR
INSTRUCTIONAL CAPACITY A PERSON  IS  PRESUMED  NOT  TO  HAVE  REASONABLE
ASSURANCE  UNDER  AN OFFER THAT IS CONDITIONED ON ENROLLMENT, FUNDING OR
PROGRAMMATIC CHANGES. IT IS THE EMPLOYER'S BURDEN TO PROVIDE  SUFFICIENT
DOCUMENTATION TO OVERCOME THIS PRESUMPTION. REASONABLE ASSURANCE MUST BE
DETERMINED ON A CASE-BY-CASE BASIS BY THE TOTAL WEIGHT OF EVIDENCE RATH-
ER THAN THE EXISTENCE OF ANY ONE FACTOR. PRIMARY WEIGHT MUST BE GIVEN TO
THE  CONTINGENT  NATURE  OF  AN OFFER OF EMPLOYMENT BASED ON ENROLLMENT,
FUNDING AND PROGRAM CHANGES. PROVIDED, HOWEVER, THAT IN ANY UNEMPLOYMENT
INSURANCE PROCEEDING A WRITTEN LETTER FROM AN EMPLOYER  TO  AN  EMPLOYEE
WHICH  MAKES EMPLOYMENT CONDITIONAL SHALL NOT BE PRIMA FACIE EVIDENCE OF
REASONABLE ASSURANCE TO BE USED TO DENY A CLAIM FOR UNEMPLOYMENT.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03642-08-0

co-Sponsors

multi-Sponsors

2009-A3703C (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Laws Affected:
Rpld §590 sub 11, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6041
2013-2014: A2455
2015-2016: A2732
2017-2018: A2111
2019-2020: A616
2021-2022: A1217
2023-2024: A356
2025-2026: A3462

2009-A3703C (ACTIVE) - Summary

Relates to benefits which a non-professional employee of an educational institution may receive.

2009-A3703C (ACTIVE) - Sponsor Memo

2009-A3703C (ACTIVE) - Bill Text download pdf 

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

                                 3703--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of A. JOHN, NOLAN, KAVANAGH, PERRY, COLTON -- Multi-
  Sponsored by  --  M.  of  A.  DINOWITZ,  GOTTFRIED,  LANCMAN,  LIFTON,
  O'DONNELL,  POWELL, PRETLOW -- read once and referred to the Committee
  on Labor -- committee discharged, bill amended, ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Labor in accordance with  Assembly  Rule  3,  sec.  2  --
  reported  and referred to the Committee on Ways and Means -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN  ACT  to  repeal  subdivision  11 of section 590 of the labor law, in
  relation to benefits based on non-professional employment with certain
  educational institutions

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

  Section 1. Subdivision 11 of section 590 of the labor law is REPEALED.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03642-09-0

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