NY State Senate Bill S306

Archive: Last Bill Status - Passed Senate

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2018	referred to labor delivered to assembly passed senate ordered to third reading cal.1699 committee discharged and committed to rules
Jan 03, 2018	referred to veterans, homeland security and military affairs
Jan 04, 2017	referred to veterans, homeland security and military affairs

Votes

Co-Sponsors

S306 (ACTIVE) - Details

See Assembly Version of this Bill:: A4326
Current Committee:: Assembly Labor
Law Section:: Labor Law
Laws Affected:: Amd §593, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6629, A8571
2015-2016: S5354, A4158, A9684
2019-2020: S3062, A3399
2021-2022: S3623, A7514

S306 (ACTIVE) - Summary

Provides that spouses who voluntarily separate from employment to accompany a spouse who is the subject of a military transfer shall be eligible for unemployment benefits.

S306 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S306

 TITLE OF BILL :

An act to amend the labor law, in relation to the eligibility for
unemployment benefits for individuals who voluntarily separate from
employment to accompany a spouse who is the subject of a military
transfer

 PURPOSE :

The purpose of this bill is to permit an individual who quits work to
accompany the individual's spouse on a military transfer to be
eligible for unemployment compensation benefits.

 SUMMARY OF PROVISIONS :

An individual's spouse being a member of the United States armed
services, the subject of a military transfer, and the individual
having left employment to accompany the spouse are added to the list
of non-disqualifying reasons for separation from employment.
Individuals who fall under these circumstances are therefore eligible
for unemployment compensation benefits.

If the individual was previously employed by a contributory employer,
the benefits are not charged to the employer and are paid from the

mutualized account in the Unemployment Compensation Fund. This account
is a separate account in the fund the primary use of which is to pay
benefits when an employer's account cannot be charged for those
benefits. If the employer was a reimbursing employer, the employer
pays the benefits by reimbursing the fund.

 JUSTIFICATION :

The Unemployment Compensation Law includes certain conditions that an
individual must meet and certain procedures the individual must follow
in order to qualify for unemployment compensation benefits. It also
specifies disqualifying factors for those who lose jobs and, in such
cases, procedures under which an individual may remove the
disqualification. Qualification is generally easy when a valid
application is submitted, a proper claim made for benefits,
registration made at an employment office, and the individual can and
actively seeks employment.

An application for benefits is valid if the filing individual is
unemployed, has separated from employment for a non-disqualifying
reason, was employed by an employer or employers who are subject to
the Unemployment Compensation Law for at least 20 weeks within the
calendar year preceding the first day of the individual's alternate
base period, and has earned an average weekly wage of less than 27.5%
of the statewide average weekly wage for that 20-week minimum period.

Unemployment compensation is funded through a federal-state
partnership. Federal law requires each state to establish its own
unemployment compensation fund for purposes of paying unemployment
benefits so that employers receive a tax credit under the Unemployment
Tax Act. States can determine how much to pay in unemployment
benefits, meaning that state system must pay whatever the state
establishes, and no more. In the event of a depletion of the state's
fund, a governor may apply to the U.S. Secretary of Labor to get a
three-month advance for the payment of unemployment benefits if the
state can't pay its benefits. Having received federal advance money
makes a state more restricted in the changes it can make to its
unemployment compensation system. The state is then unable to take
action which will reduce either its unemployment tax effort or
decrease the solvency of its unemployment compensation system.
However, despite these restrictions, the U.S.  Department of Labor has
stated that similar bills did not interfere with the requirements of
the federal Unemployment Compensation Law.

 LEGISLATIVE HISTORY :

2015-2016: S.3633A - Ordered to third reading, cal. 1357
2014: S.6629 - Passed Senate

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

S306 (ACTIVE) - Bill Text download pdf


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

                                   306

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the labor law, in relation to the eligibility for  unem-
  ployment  benefits  for  individuals  who  voluntarily  separate  from
  employment to accompany a spouse who is  the  subject  of  a  military
  transfer

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

  Section 1. Paragraph (b) of subdivision 1 of section 593 of the  labor
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV) WHERE THE SPOUSE OF THE INDIVIDUAL IS A MEMBER OF THE ARMED FORC-
ES  OF  THE UNITED STATES, THE NEED FOR THE INDIVIDUAL TO ACCOMPANY SUCH
INDIVIDUAL'S SPOUSE (A) TO A PLACE FROM WHICH IT IS IMPRACTICAL FOR SUCH
INDIVIDUAL TO COMMUTE AND (B) DUE TO A CHANGE IN LOCATION AS A RESULT OF
A MILITARY TRANSFER OF THE SPOUSE.
  § 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02334-01-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S306

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 12, 2018 - floor Vote

Floor Vote: Jun 12, 2018

Jun 12, 2018 - Rules committee Vote

Rules Committee Vote: Jun 12, 2018

Co-Sponsors

S306 (ACTIVE) - Details

S306 (ACTIVE) - Summary

S306 (ACTIVE) - Sponsor Memo

S306 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S306

Share this bill

Sponsored By

Terrence Murphy

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 12, 2018 - floor Vote

Floor Vote: Jun 12, 2018

Jun 12, 2018 - Rules committee Vote

Rules Committee Vote: Jun 12, 2018

Co-Sponsors

Joseph P. Addabbo Jr

Tony Avella

S306 (ACTIVE) - Details

S306 (ACTIVE) - Summary

S306 (ACTIVE) - Sponsor Memo

S306 (ACTIVE) - Bill Text download pdf

Comments