Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to labor |
Jan 20, 2021 |
referred to labor |
Senate Bill S2136
2021-2022 Legislative Session
Sponsored By
(D, WF) 13th Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- 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
Actions
co-Sponsors
(D, WF) 31st Senate District
(D) 10th Senate District
2021-S2136 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6680
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §594, Lab L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S4992
2023-2024: A542
2021-S2136 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2136 SPONSOR: RAMOS TITLE OF BILL: An act to amend the labor law, in relation to penalties for wilful false statements for unemployment purposes PURPOSE: This bill eliminates "forfeit day" penalties, which are penalties assessed if a claimant willfully makes a false statement or misrepresen- tation to receive unemployment insurance benefits, and establishes a civil penalty for employers who willfully make a false statement or misrepresentation in order to avoid the payment of benefits. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 594 of the labor law to eliminate forfeit day penalties from being assessed on claimants who are found to have willfully made false statements or misrepresentations in order to
2021-S2136 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2136 2021-2022 Regular Sessions I N S E N A T E January 20, 2021 ___________ Introduced by Sen. RAMOS -- 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 penalties for wilful false statements for unemployment purposes 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, as amended by section 16 of part O of chapter 57 of the laws of 2013, subdivision 6 as added by chapter 97 of the laws of 2020, is amended to read as follows: § 594. [Reduction and recovery] RECOVERY of benefits and penalties for wilful false statement. (1) A claimant OR EMPLOYER who has wilfully made a false statement or representation to obtain OR AVOID any benefit under the provisions of this article shall [forfeit benefits for at least the first four but not more than the first eighty effective days following discovery of such offense for which he or she otherwise would have been entitled to receive benefits. Such penalty shall apply only once with respect to each such offense. (2) For the purpose of subdivision four of section five hundred ninety of this article, the claimant shall be deemed to have received benefits for such forfeited effective days. (3) The penalty provided in this section shall not be confined to a single benefit year but shall no longer apply in whole or in part after the expiration of two years from the date of the final determination. Such two-year period shall be tolled during the time period a claimant has an appeal pending. (4)] BE SUBJECT TO THE PENALTIES SET FORTH IN THIS SECTION. (2) A claimant shall refund all moneys received because of such false statement or representation and pay a civil penalty in an amount equal to the greater of one hundred dollars or fifteen percent of the total overpaid benefits determined pursuant to this section. AN EMPLOYER WHO WILFULLY MADE A FALSE STATEMENT OR REPRESENTATION TO AVOID PAYMENT OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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