S T A T E   O F   N E W   Y O R K
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                                  7503

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2011
                               ___________

Introduced  by  M.  of  A. P. RIVERA, RAIA, WEPRIN, MONTESANO, MOLINARO,
  SCHROEDER, GRAF, McDONOUGH, SALADINO, DUPREY -- Multi-Sponsored by  --
  M.  of  A.  BARCLAY, CERETTO, CROUCH, GABRYSZAK, GALEF, PALMESANO, RA,
  TITONE -- read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to requiring  the  department
  of  labor  to  allow  persons with learning disabilities to enlist the
  assistance of a parent, guardian or authorized  person  when  claiming
  unemployment insurance benefits

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

  Section 1. Section 596 of the labor law is amended  by  adding  a  new
subdivision 7 to read as follows:
  7. ASSISTANCE FOR CLAIMING BENEFITS. A. NOTWITHSTANDING ANY OTHER LAW,
RULE  OR REGULATION TO THE CONTRARY, A CLAIMANT WHO HAS A LEARNING DISA-
BILITY MAY ENLIST THE ASSISTANCE OF A  PARENT,  GUARDIAN  OR  AUTHORIZED
PERSON AT ANY TIME DURING THE CLAIM PROCESS FOR SUCH BENEFITS, INCLUDING
BUT  NOT  LIMITED  TO,  USING  THE CLAIMANT'S PIN NUMBER WITH HIS OR HER
CONSENT, PROVIDED THE  CLAIMANT  PROVIDES  PROOF,  IN  WRITING,  TO  THE
DEPARTMENT THAT THE CLAIMANT HAS SUCH A DISABILITY.
  B. THE COMMISSIONER SHALL INCLUDE A CHECK BOX ON ALL FORMS PROVIDED BY
THE  DEPARTMENT  TO  BE  USED BY CLAIMANTS TO FILE A CLAIM FOR BENEFITS,
INDICATING THAT IF CHECKED, THE FORM IS BEING USED BY A  PERSON  WITH  A
LEARNING  DISABILITY  AND THAT SUCH PERSON WILL BE ENLISTING THE ASSIST-
ANCE OF A PARENT, GUARDIAN OR AUTHORIZED PERSON TO ASSIST  THE  CLAIMANT
DURING THE CLAIM PROCESS.
  C.  THE COMMISSIONER SHALL PROVIDE FOR A LEARNING DISABILITY OPTION ON
ANY AUTOMATED TELEPHONE SYSTEM TO BE USED BY CLAIMANTS, WHICH  ALLOWS  A
PARENT,  GUARDIAN OR AUTHORIZED PERSON TO ASSIST THE CLAIMANT DURING THE
CLAIM PROCESS OR WHICH PROVIDES ADDITIONAL ASSISTANCE TO CLAIMANTS  WITH
LEARNING DISABILITIES FOR FILING SUCH CLAIMS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10567-01-1

              

A. 7503                             2

  D.  FOR  PURPOSES  OF  THIS  SUBDIVISION, THE TERM "AUTHORIZED PERSON"
SHALL MEAN AND INCLUDE ANY PERSON AUTHORIZED BY THE CLAIMANT TO  ACT  ON
BEHALF OF THE CLAIMANT.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.