NY State Senate Bill S8275A

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (14)

	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

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S8275 - Details

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

S8275 - Summary

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

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.

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

S8275A (ACTIVE) - Details

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

S8275A (ACTIVE) - Summary

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

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.

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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The New York State Senate

senate Bill S8275A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 27, 2020 - floor Vote

Floor Vote: May 27, 2020

May 24, 2020 - Rules committee Vote

Rules Committee Vote: May 24, 2020

Bill Amendments

Co-Sponsors

S8275 - Details

S8275 - Summary

S8275 - Sponsor Memo

S8275 - Bill Text download pdf

Co-Sponsors

S8275A (ACTIVE) - Details

S8275A (ACTIVE) - Summary

S8275A (ACTIVE) - Sponsor Memo

S8275A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8275A

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 27, 2020 - floor Vote

Floor Vote: May 27, 2020

May 24, 2020 - Rules committee Vote

Rules Committee Vote: May 24, 2020

Bill Amendments

Co-Sponsors

S8275 - Details

S8275 - Summary

S8275 - Sponsor Memo

S8275 - Bill Text download pdf

Co-Sponsors

S8275A (ACTIVE) - Details

S8275A (ACTIVE) - Summary

S8275A (ACTIVE) - Sponsor Memo

S8275A (ACTIVE) - Bill Text download pdf

Comments