S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4577
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced by M. of A. BYRNES -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to  amend the labor law, in relation to computation of contrib-
   utions to the unemployment  insurance  fund;  and  providing  for  the
   repeal of certain provisions upon expiration thereof

   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:
   §  581-E. RATES OF CONTRIBUTIONS TO FUND WELFARE-TO-WORK. 1.  NOTWITH-
 STANDING THE PROVISIONS OF SECTION FIVE HUNDRED EIGHTY-ONE OF THIS TITLE
 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
 TITLE 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.
              

                                                            LBD08472-01-9

 A. 4577                             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.
   § 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, 2023
 detailing findings, conclusions and recommendations regarding this act.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that section one of this act shall expire January 1, 2022 when upon such
 date the provisions of such section shall be deemed repealed.