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

                                  6327

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2011
                               ___________

Introduced by M. of A. HANNA, KOLB, FINCH -- Multi-Sponsored by -- M. of
  A. CROUCH, GOODELL, PALMESANO -- read once and referred to the Commit-
  tee on Labor

AN  ACT  to  amend the labor law, in relation to computation of contrib-
  utions to the unemployment insurance fund

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

  Section  1.  The labor law is amended by adding a new section 581-e to
read as follows:
  S 581-E. RATES OF CONTRIBUTIONS TO FUND WELFARE-TO-WORK. 1.   NOTWITH-
STANDING THE PROVISIONS OF SECTION FIVE HUNDRED EIGHTY-ONE OF THIS ARTI-
CLE  TO THE CONTRARY, ANY EMPLOYER WHOSE EMPLOYEE RECEIVED BENEFITS AS A
CLAIMANT UNDER THIS ARTICLE SHALL NOT HAVE INCLUDED IN THEIR  EXPERIENCE
RATING  CHARGES  THE AMOUNT SO PAID TO THE EMPLOYEE FROM THE FUND IF THE
CLAIMANT TO WHOM THOSE BENEFITS WERE PAID WAS:
  (A) A PRIMARY WAGE EARNER WHO WAS A  RECIPIENT  OF  PUBLIC  ASSISTANCE
UNDER  A  NEW  YORK  PUBLIC  ASSISTANCE  PROGRAM IN THE SIX MONTH PERIOD
COMMENCING FROM THE TIME WAGES WERE FIRST PAID BY THAT EMPLOYER;
  (B) PAID WAGES BY THAT EMPLOYER FOR NO MORE THAN SIX MONTHS; AND
  (C) PAID WAGES BY THAT EMPLOYER OF LESS THAN FIVE THOUSAND DOLLARS.
  2. THE COMMISSIONER SHALL BY REGULATION ESTABLISH STANDARDS FOR APPLI-
CATION BY EMPLOYERS FOR PERMISSION  TO  EXCLUDE  SUCH  PAYMENT  AND  THE
PROVISIONS OF SUBDIVISION SIX OF SECTION FIVE HUNDRED EIGHTY-ONE OF THIS
ARTICLE SHALL NOT APPLY HERETO.
  3.  THE  PROVISIONS  OF THIS SECTION SHALL APPLY TO AN EMPLOYER LIABLE
FOR PAYMENTS IN LIEU OF CONTRIBUTIONS, BUT IF THE SECRETARY OF LABOR  OF
THE UNITED STATES FINDS THAT THEIR APPLICATION TO SUCH EMPLOYER DOES NOT
MEET  THE  REQUIREMENTS  OF  THE  FEDERAL  UNEMPLOYMENT  TAX  ACT,  SUCH
PROVISIONS SHALL BE INOPERATIVE WITH RESPECT TO  SUCH  EMPLOYER,  UNLESS
AND  UNTIL  SUCH FINDING HAS BEEN SET ASIDE PURSUANT TO A FINAL DECISION
ISSUED IN ACCORDANCE WITH SUCH JUDICIAL REVIEW  PROCEEDINGS  AS  MAY  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09992-01-1
              

A. 6327                             2

INSTITUTED  AND  COMPLETED  UNDER THE PROVISIONS OF SECTION THIRTY-THREE
HUNDRED TEN OF THE FEDERAL UNEMPLOYMENT TAX ACT.
  4. IF THE COMMISSIONER FINDS THAT AN EMPLOYER DISCHARGED THE CLAIMANT,
OR  ENGAGED  IN THE EMPLOYMENT PRACTICE OF DISCHARGING WORKERS, IN ORDER
TO MEET THE REQUIREMENTS OF PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF
THIS SECTION, THEN THE PROVISIONS  OF  THIS  SECTION  SHALL  NOT  APPLY.
FURTHERMORE,  IF  THE  EMPLOYER  ACTS IN THE AFOREMENTIONED MANNER, SUCH
ACTION SHALL CONSTITUTE A VIOLATION OF THIS SECTION  AND  SHALL  SUBJECT
THE  EMPLOYER TO THE PENALTIES SET FORTH IN SECTION TWO HUNDRED THIRTEEN
OF THIS CHAPTER.
  5. THE PROVISIONS OF THIS SECTION SHALL CEASE TO BE OF  ANY  FORCE  OR
EFFECT ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN.
  S  2. The commissioner of labor, in consultation with the commissioner
of the office of temporary and disability assistance, shall examine  and
assess the effectiveness of this act on facilitating the entry of public
assistance  recipients  into the private sector work force. Such commis-
sioners, shall submit a joint report to the governor;  temporary  presi-
dent  of  the  senate;  speaker  of the assembly; minority leader of the
assembly; and the minority leader of the  senate,  by  January  1,  2015
detailing findings, conclusions and recommendations regarding this act.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.