S T A T E O F N E W Y O R K
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11113
I N A S S E M B L Y
November 6, 2020
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ra) -- 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 collect and report certain information regarding requests
from the governor or his or her authorized agent for federal Title XII
advances for the state unemployment trust fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 550 of the labor law is amended by adding a new
subdivision 5 to read as follows:
5. (A) THE DEPARTMENT SHALL COLLECT THE FOLLOWING DATA REGARDING
REQUESTS FROM THE GOVERNOR OR HIS OR HER AUTHORIZED AGENT FOR FEDERAL
TITLE XII ADVANCES FOR THE STATE UNEMPLOYMENT TRUST FUND, AS PERMITTED
BY SECTION 1201 OF THE FEDERAL SOCIAL SECURITY ACT, AND COMPILE A REPORT
THAT INCLUDES THE FOLLOWING:
(I) THE TOTAL DOLLAR AMOUNT REQUESTED BY THE GOVERNOR OR HIS OR HER
AUTHORIZED AGENT FOR FEDERAL TITLE XII ADVANCES PURSUANT TO SECTION 1201
(A)(1)(A) OF THE FEDERAL SOCIAL SECURITY ACT;
(II) THE ADVANCE REQUESTED FOR EACH INDIVIDUAL MONTH OF THE THREE-CON-
SECUTIVE-MONTH LOAN PERIOD AS REQUIRED BY SECTION 1201 (A)(1)(A) OF THE
FEDERAL SOCIAL SECURITY ACT;
(III) THE CURRENT INTEREST RATE APPLIED TO ANY STATE ADVANCE RECEIVED
BY THE GOVERNOR OR HIS OR HER AUTHORIZED AGENT AS DEFINED BY THE UNITED
STATES GOVERNMENT OR ITS AGENT;
(IV) A DESCRIPTIVE LIST OF THE REASON OR REASONS THE GOVERNOR OR HIS
OR HER AUTHORIZED AGENT REQUESTED SUCH STATE ADVANCE;
(V) ANY SUPPLEMENTAL OR AMENDED REQUESTS FOR ADVANCES IN ANY MONTH IN
WHICH IT IS DETERMINED THAT THE PREVIOUSLY APPROVED AMOUNT IS INSUFFI-
CIENT TO MEET BENEFIT PAYMENT OBLIGATIONS;
(VI) THE ANTICIPATED REPAYMENT DATE OF ANY STATE ADVANCE RECEIVED BY
THE GOVERNOR OR HIS OR HER AUTHORIZED AGENT;
(VII) A DESCRIPTIVE LIST OF THE IMPACT ON EMPLOYERS THAT THE STATE'S
FAILURE TO REPAY SUCH LOAN WOULD HAVE ACCORDING TO FEDERAL TITLE XII
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17495-02-0
A. 11113 2
ADVANCES IN RELATION TO THE REDUCTION OF THEIR FEDERAL UNEMPLOYMENT TAX
ACT (FUTA) TAX; AND
(VIII) ANY OTHER INFORMATION THE COMMISSIONER MAY DEEM NECESSARY TO
INCLUDE IN SUCH REPORT.
(B) THE DEPARTMENT SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
ASSEMBLY MINORITY LEADER, THE SENATE MINORITY LEADER, THE CHAIRPERSON OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE CHAIRPERSON OF THE SENATE
FINANCE COMMITTEE NO LATER THAN THIRTY DAYS AFTER THE GOVERNOR OR HIS OR
HER AUTHORIZED AGENT SUBMITS A REQUEST FOR A FEDERAL TITLE XII ADVANCE
FROM THE UNITED STATES SECRETARY OF LABOR, AND SHALL CONTINUE TO REPORT
THE INFORMATION REQUIRED BY THIS SUBDIVISION ANNUALLY UNTIL THE
OUTSTANDING FEDERAL TITLE XII ADVANCE IS REPAID IN FULL.
§ 2. This act shall take effect immediately.