Senate Bill S2775

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

                                  2775

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 2, 2009
                               ___________

Introduced  by  Sens. ONORATO, PERKINS, SAVINO -- 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 expanding eligibility  for
  unemployed  workers  who  would  benefit  from retraining and increase
  funding for the provision of extended unemployment insurance benefits

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

  Section  1. Section 599 of the labor law, as amended by chapter 593 of
the laws of 1991, is amended to read as follows:
  S 599.  Career and related training; preservation of  eligibility.  1.
Notwithstanding  any  other  provision of this article, a claimant shall
not become ineligible for benefits because  of  the  claimant's  regular
attendance in a program of training which the commissioner has approved.
The  commissioner  shall give due consideration to existing and prospec-
tive conditions of the labor market in the state,  taking  into  account
present  and  anticipated  supply and demand regarding the occupation or
skill to which the training relates, and to any other relevant factor. A
DETERMINATION OF POTENTIAL ELIGIBILITY FOR BENEFITS UNDER  THIS  ARTICLE
SHALL  BE  ISSUED  TO AN UNEMPLOYED INDIVIDUAL IF THE COMMISSIONER FINDS
THAT THE TRAINING IS AUTHORIZED BY THE FEDERAL WORKFORCE INVESTMENT ACT,
THE DEPARTMENT, THE NEW YORK STATE DEPARTMENTS OF EDUCATION, CORRECTION-
AL SERVICES, HEALTH, OR THE OFFICE OF MENTAL HEALTH,  THE  EMPIRE  STATE
DEVELOPMENT CORPORATION, OR THE STATE UNIVERSITY OF NEW YORK EDUCATIONAL
OPPORTUNITY  CENTER. However, in no event shall the commissioner approve
[such] training for a claimant NOT AUTHORIZED BY SUCH LEGISLATIVE ACT OR
STATE OR QUASI-STATE ENTITY LISTED ABOVE unless:
  (a) (1) the training will upgrade the  claimant's  existing  skill  or
train the claimant for an occupation likely to lead to more regular long
term  employment;    ENABLE  CLAIMANT TO OBTAIN EMPLOYMENT THAT ACHIEVES
WAGE PRESERVATION OR MAKES PROGRESS TOWARD A FAMILY-SUSTAINING WAGE; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04722-01-9

              

S. 2775                             2

  (2) employment opportunities for the claimant are or may  be  substan-
tially impaired because of:
  (i)  existing  or  prospective  conditions  of the labor market in the
locality or in the state or reduced opportunities for employment in  the
claimant's occupation or skill; or
  (ii)  technological change, plant closing or plant removal, discontin-
uance of specific plant operations, or similar reasons; or
  (iii) limited opportunities for employment throughout the year due  to
the seasonal nature of the industry in which the claimant is customarily
employed; or
  (iv)  the  claimant's personal traits such as physical or mental hand-
icap; and
  (b) the training, INCLUDING REMEDIAL EDUCATION WHICH  IS  INTEGRAL  TO
CAREER  ADVANCEMENT  OR REQUIRED FOR COMPLETING CAREER-RELATED TRAINING,
relates to an occupation or skill for which there are, or  are  expected
to  be  in  the immediate future, reasonable employment opportunities in
the state; and
  (c) the training is offered by a competent  and  reliable  agency  and
does not require more than twenty-four months to complete; and
  (d)  the  claimant  has  the  required qualifications and aptitudes to
complete the training successfully.
  2. (a) Notwithstanding any other provision of this chapter, a claimant
attending an approved training course or program under this section  may
receive  additional  benefits  of  up to one hundred four effective days
following exhaustion of regular and, if in effect,  any  other  extended
benefits,  provided  that  entitlement  to a new benefit claim cannot be
established. Certification of continued satisfactory  participation  and
progress  in  such  training  course or program must be submitted to the
commissioner prior to the payment of any such benefits. [The duration of
such additional benefits shall in no case exceed  twice  the  number  of
effective  days of regular benefits to which the claimant is entitled at
the time the claimant is accepted in, or  demonstrates  application  for
appropriate  training.] ANY UNEMPLOYED INDIVIDUAL RECEIVING UNEMPLOYMENT
INSURANCE BENEFITS PAYABLE UNDER  THIS  SUBDIVISION,  WHO  NOTIFIES  THE
DEPARTMENT  WITH  THE  INTENT  TO SEEK TRAINING OPPORTUNITIES UNDER THIS
ARTICLE NO LATER THAN THE SIXTEENTH WEEK OF HIS OR HER  RECEIVING  BENE-
FITS,  AND  IS  DETERMINED  ELIGIBLE FOR BENEFITS UNDER THIS ARTICLE, IS
ENTITLED TO A TRAINING EXTENSION OF THE FULL ONE HUNDRED FOUR  EFFECTIVE
DAYS  ON  HIS  OR  HER UNEMPLOYMENT COMPENSATION CLAIM, IF NECESSARY, TO
COMPLETE APPROVED TRAINING.
  (b) No more than [twenty] FIFTY million dollars of benefits  per  year
shall  be  made available for payment to claimants participating in such
courses or programs.
  (c) Participation in such training course  or  program  shall  not  be
limited  to any selected areas or localities of the state but subject to
the availability of funds, shall be available to any claimant  otherwise
eligible to participate in training courses or programs pursuant to this
section.
  (d) The additional benefits paid to a claimant shall be charged to the
general account.
  3. Notwithstanding any other provision of this article, a claimant who
is  in training approved under the federal trade act of nineteen hundred
seventy-four shall not be disqualified or become ineligible for benefits
because he is in such training or because he left  employment  which  is
not  suitable  employment  to  enter such training. For purposes hereof,
"suitable employment" means work of  a  substantially  equal  or  higher

S. 2775                             3

skill  level  than the claimant's past adversely affected employment and
for which the remuneration is not less than eighty percent of the claim-
ant's average weekly wage.
  S 2. This act shall take effect immediately.