NY State Senate Bill 2019-S8275A

Senate Bill S8275A

Signed By Governor

2019-2020 Legislative Session

Relates to suspending the forfeiture of unemployment benefits during the COVID-19 state of emergency

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2020	signed chap.97
Jun 05, 2020	delivered to governor
May 28, 2020	returned to senate passed assembly ordered to third reading rules cal.35 substituted for a10348a
May 27, 2020	referred to ways and means delivered to assembly passed senate ordered to third reading cal.654
May 26, 2020	reported and committed to rules
May 24, 2020	print number 8275a
May 24, 2020	amend and recommit to labor
May 01, 2020	referred to labor

Votes

- May 27, 2020 - Floor Vote
  S8275A
  
  48
  
  Aye
  
  14
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 27, 2020
      
      aye (48)
      
      Addabbo Jr.
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (14)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Savino
      
      Tedisco
  May 24, 2020 - Rules Committee Vote
  S8275A
  
  12
  
  Aye
  
  4
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 24, 2020
      
      aye (12)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Stewart-Cousins
      
      nay (4)
      
      Flanagan
      
      Griffo
      
      Little
      
      Savino
      
      aye wr (3)
      
      LaValle
      
      Lanza
      
      Seward

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S8275 - Details

See Assembly Version of this Bill:: A10348
Law Section:: Labor Law
Laws Affected:: Amd §594, Lab L

2019-S8275 - Summary

Suspends the forfeiture of unemployment benefits during the COVID-19 state of emergency.

2019-S8275 - Sponsor Memo

                                
 
BILL NUMBER: S8275

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the labor law, in relation to suspending the forfeiture
of unemployment benefits during the COVID-19 state of emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will allow the commissioner to suspend the enactment of
forfeiture days.

 
SUMMARY OF PROVISIONS:

Section 1. Creation of a new subsection 1-a in section 594 of the labor
law: Authorizing the commissioner to temporarily suspend the imposition
of forfeit days against an individual who is seeking unemployment insur-
ance benefits. However, claimants must still be required to pay the
refunds and penalties and forfeiture of days will continue at the end of
the state of emergency.

Section 2. Effective Date

 
JUSTIFICATION:

Over 22 million Americans across the United States have applied for
unemployment insurance during the COVID-19 pandemic. As the pandemic
continues on, this number is expected to continue to grow. A key way in
which New York can help the tens of thousands of New York residents who
are out of work is by quickly providing unemployment benefits to those
who are in need. To bolster state efforts, the federal government
provided funding for States to increase their benefits an additional 13
weeks and to provide those with claims to receive an extra $600 weekly.

For those who have had forfeit penalties enacted against them from past
claims, they are unable to collect benefits in their time of greatest
need. While forfeit penalties are enacted, an individual is unable to
receive any benefits for those days which they would ordinarily receive
unemployment benefits and they are also unable to receive the additional
$600 weekly from the federal government, as it is distributed by the
states.

Under the current law, there is no flexibility for the Department to
unilaterally waive forfeit days. This legislation would authorize the
Commissioner to temporarily waive forfeit day penalties during the State
of Emergency. At the end of the State of Emergency, an individual will
still be required to pay back any refund, penalty and forfeit of days.

It is clear the COVID-19 pandemic is unlike any challenge New Yorkers
have ever faced. Without access to unemployment benefits during this
time of great crisis, families may not have the means to put food on the
table or afford life-saving medicine. The Legislature must act to
provide New Yorkers with the benefits and support they need to care for
their loved ones.

 
LEGISLATIVE HISTORY:

New Bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately, but repealed on the expiration of the State of Emergency.

2019-S8275 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8275
 
                             I N  S E N A T E
 
                                May 1, 2020
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to suspending the  forfeiture
   of unemployment benefits during the COVID-19 state of emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 594 of the labor law is amended  by  adding  a  new
 subdivision 1-a to read as follows:
   (1-A)  THE  COMMISSIONER  SHALL  TEMPORARILY  SUSPEND THE REDUCTION OF
 BENEFITS THROUGH FORFEITURE UNDER THIS SECTION DURING THE PERIOD OF  THE
 COVID-19  EMERGENCY  DECLARATION.  A  CLAIMANT  WHO HAS FILED A PREVIOUS
 CLAIM WHICH THE DEPARTMENT DETERMINED CONTAINED A WILLFUL  FALSE  STATE-
 MENT  OR  REPRESENTATION  RESULTING  IN  THE  IMPOSITION OF FORFEIT DAYS
 AGAINST THEM SHALL BE ELIGIBLE TO  RECEIVE  BENEFITS  UNDER  THIS  TITLE
 DURING  THE  COVID-19 EMERGENCY, IF OTHERWISE ENTITLED TO SUCH BENEFITS;
 PROVIDED HOWEVER THAT SUCH CLAIMANT SHALL BE REQUIRED TO PAY THE  REFUND
 AND  PENALTIES  REQUIRED  UNDER THIS SECTION AT THE END OF THE EMERGENCY
 PERIOD AND ANY FORFEITURE SHALL  BE  REINSTATED.  THE  TWO  YEAR  PERIOD
 PROVIDED IN SUBDIVISION THREE OF THIS SECTION SHALL BE TOLLED DURING THE
 TIME  THAT  THE  FORFEITURE OF BENEFITS IS SUSPENDED UNDER THIS SUBDIVI-
 SION. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "COVID-19 EMERGENCY
 DECLARATION" SHALL MEAN THE STATE DISASTER EMERGENCY  DECLARED  FOR  THE
 ENTIRE  STATE  BY EXECUTIVE ORDER NUMBER TWO HUNDRED TWO AND ANY FURTHER
 AMENDMENTS OR MODIFICATIONS, AND AS MAY BE FURTHER EXTENDED PURSUANT  TO
 SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
   §  2.  This act shall take effect immediately, provided, however, that
 this act shall be subject to the expiration of the state disaster  emer-
 gency  declared  for  the entire state by executive order number 202 and
 any further amendments or modifications, and as may be further  extended
 pursuant  to  section  28  of  the executive law, and shall be deemed to
 expire and be repealed therewith; provided, further,  that  the  commis-
 sioner  of  labor  shall notify the legislative bill drafting commission
 upon the occurrence of the expiration of the  state  disaster  emergency
 declared  by  executive  order  number 202 and any further amendments or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16222-01-0

 S. 8275                             2
 
 modifications, and as may be further extended pursuant to section 28  of
 the executive law, in order that the commission may maintain an accurate
 and  timely  effective data base of the official text of the laws of the
 state  of  New  York  in  furtherance  of effectuating the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers law.

co-Sponsors

View additional co-sponsors

2019-S8275A (ACTIVE) - Details

See Assembly Version of this Bill:: A10348
Law Section:: Labor Law
Laws Affected:: Amd §594, Lab L

2019-S8275A (ACTIVE) - Summary

Suspends the forfeiture of unemployment benefits during the COVID-19 state of emergency.

2019-S8275A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8275A

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the labor law, in relation to suspending the forfeiture
of unemployment benefits during the COVID-19 state of emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation provides that throughout the duration of the state
disaster emergency due to the novel coronavirus COVID-19 pandemic,
forfeiture days shall not be applicable to claimants otherwise entitled
to receive unemployment insurance benefits.

 
SUMMARY OF PROVISIONS:

Section 1. Creation of a new subsection 1-a in section 594 of the labor
law: temporarily suspending the applicability of forfeiture day penal-
ties during the state disaster emergency declared by Executive Order No.
202.

Section 2. Effective Date

 
JUSTIFICATION:

Over 22 million Americans across the United States have applied for
unemployment insurance during the COVID-19 pandemic. As the pandemic
continues on, this number is expected to continue to grow. A key way in
which New York can help the tens of thousands of New York residents who
are out of work is by quickly providing unemployment benefits to those
who are in need. To bolster state efforts, the federal government
provided funding for States to increase their benefits an additional 13
weeks and to provide those with claims to receive an extra $600 weekly.

For those who have had forfeit penalties levied against them from past
claims, they are unable to collect benefits in their time of greatest
need. While forfeit penalties are enacted, an individual is unable to
receive any benefits for those days which they would ordinarily receive
unemployment benefits and they are also unable to receive the additional
$600 weekly from the federal government, as it is distributed by the
states.

It is clear the COVID-19 pandemic is unlike any challenge New Yorkers
have ever faced. Without access to unemployment benefits during this
time of great crisis, families may not have the means to put food on the
table or afford life-saving medicine. The Legislature must act to
provide New Yorkers with the benefits and support they need to care for
their loved ones.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately, but repealed on the expiration of the declared State of
Emergency under Executive Order 202.

2019-S8275A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8275--A
 
                             I N  S E N A T E
 
                                May 1, 2020
                                ___________
 
 Introduced  by  Sens. MARTINEZ, BAILEY, BROOKS, COMRIE, GOUNARDES, HOYL-
   MAN, JACKSON, KRUEGER, MAY, METZGER, RAMOS, RIVERA -- read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Labor -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the labor law, in relation to suspending the forfeiture
   of unemployment benefits during the COVID-19 state of emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  594  of the labor law is amended by adding a new
 subdivision 6 to read as follows:
   (6) NOTWITHSTANDING THE PROVISIONS OF  THIS  SECTION,  THROUGHOUT  THE
 DURATION  OF  THE  STATE  DISASTER EMERGENCY DECLARED BY EXECUTIVE ORDER
 NUMBER TWO HUNDRED TWO AND ANY FURTHER AMENDMENTS OR MODIFICATIONS THER-
 ETO, THE PENALTIES AND REQUIREMENTS OF SUBDIVISIONS ONE, TWO, AND  THREE
 OF  THIS SECTION SHALL NOT BE APPLICABLE TO CLAIMANTS OTHERWISE ENTITLED
 TO RECEIVE BENEFITS UNDER THIS ARTICLE.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after May 11, 2020, provided,
 however, that this act shall be subject to the expiration of  the  state
 disaster  emergency  declared  for  the  entire state by executive order
 number 202 and any further amendments or modifications, and  as  may  be
 further  extended pursuant to section 28 of the executive law, and shall
 be deemed to expire and be repealed therewith; provided,  further,  that
 the  commissioner  of  labor  shall notify the legislative bill drafting
 commission upon the occurrence of the expiration of the  state  disaster
 emergency  declared by executive order number 202 and any further amend-
 ments or modifications, and as  may  be  further  extended  pursuant  to
 section  28 of the executive law, in order that the commission may main-
 tain an accurate and timely effective data base of the official text  of
 the  laws  of  the  state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16222-08-0

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Senate Bill S8275A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2019-S8275 - Details

2019-S8275 - Summary

2019-S8275 - Sponsor Memo

2019-S8275 - Bill Text download pdf

co-Sponsors

2019-S8275A (ACTIVE) - Details

2019-S8275A (ACTIVE) - Summary

2019-S8275A (ACTIVE) - Sponsor Memo

2019-S8275A (ACTIVE) - Bill Text download pdf

Comments