NY State Senate Bill 2021-S350

Senate Bill S350

2021-2022 Legislative Session

Relates to making unemployment insurance benefits available to essential federal workers during a federal government shutdown

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jan 06, 2021	referred to labor

2021-S350 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §591-b, Lab L
Versions Introduced in 2019-2020 Legislative Session:: S3677

2021-S350 (ACTIVE) - Summary

Makes unemployment insurance benefits available to essential federal workers during a federal government shutdown.

2021-S350 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S350

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the labor law, in relation to making unemployment insur-
ance benefits available to essential federal workers during a federal
government shutdown

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would make essential federal workers who are forced to
work during a government shutdown but are unpaid during this time eligi-
ble for unemployment insurance.

 
SUMMARY OF SPECIFIC PROVISIONS:

Adds a new section 591-b to the labor law to make essential federal
workers who are forced to work during a government shutdown but are
unpaid during this time eligible for unemployment insurance. This
section defines essential federal worker and shutdown for purposes of

this law. Subdivision 2 states that any essential federal worker shall
be eligible for unemployment. Further requires that when a shutdown ends
and the worker is paid by the government the worker shall reimburse the
unemployment insurance fund equal to the amount of benefits received
within 90 days.

Section 2 is the effective date.

 
JUSTIFICATION:

As we remember the specter of the Federal shutdowns under the Presidency
of Donald Trump, states must take measures to protect the Federal work-
ers living within their borders. Currently in New York workers impacted
by the shutdown who are deemed non-essential can collect unemployment
benefits, however those deemed essential who must continue to work
during the shutdown are ineligible for unemployment. This legislation
seeks to correct this inequity to ensure all Federal workers impacted
are eligible for unemployment. New York would not be alone in this poli-
cy as multiple other states are looking at ways to allow essential
employees to collect unemployment while not being paid but while being
forced to work.

 
PRIOR LEGISLATIVE HISTORY:

S.3677 of 2019/20; Referred to Senate Labor Committee

 
FISCAL IMPLICATIONS:

Minimal as benefits paid out will be reimbursed by the individual to the
State at the end of a governmental shutdown.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S350 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    350
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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 making unemployment insur-
   ance benefits available to essential federal workers during a  federal
   government shutdown

   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  591-b  to
 read as follows:
   §  591-B. FEDERAL SHUTDOWN; BENEFITS FOR ESSENTIAL FEDERAL WORKERS. 1.
 AS USED IN THIS SECTION, THE TERM:
   (A) "ESSENTIAL FEDERAL WORKER":
   (I) MEANS AN EMPLOYEE OF A FEDERAL GOVERNMENT AGENCY WHO  IS  REQUIRED
 TO WORK WITHOUT PAY DURING A SHUTDOWN; AND
   (II) IS A RESIDENT OF THIS STATE; AND
   (B)  "SHUTDOWN" MEANS ANY PERIOD IN WHICH THERE IS MORE THAN A TWENTY-
 FOUR HOUR LAPSE IN APPROPRIATIONS FOR ANY FEDERAL GOVERNMENT  AGENCY  OR
 FEDERAL DEPARTMENT AS A RESULT OF A FAILURE OF THE FEDERAL GOVERNMENT TO
 ENACT A REGULAR APPROPRIATIONS BILL OR CONTINUING RESOLUTION.
   2.  ANY  ESSENTIAL  FEDERAL  WORKER SHALL BE ELIGIBLE FOR UNEMPLOYMENT
 INSURANCE BENEFITS PURSUANT TO THIS ARTICLE DURING THE PERIOD OF A SHUT-
 DOWN. IF A SHUTDOWN ENDS AND AN ESSENTIAL FEDERAL WORKER IS PAID BY  THE
 FEDERAL  GOVERNMENT  FOR ANY PERIOD OF TIME THE ESSENTIAL FEDERAL WORKER
 WORKED WITHOUT PAY DURING THE SHUTDOWN,  THE  ESSENTIAL  FEDERAL  WORKER
 SHALL  REIMBURSE  THE  UNEMPLOYMENT INSURANCE FUND IN AN AMOUNT EQUAL TO
 THE  UNEMPLOYMENT  INSURANCE  BENEFITS  THE  ESSENTIAL  FEDERAL   WORKER
 RECEIVED  DURING THE PERIOD OF THE SHUTDOWN. SUCH REIMBURSEMENT OF UNEM-
 PLOYMENT INSURANCE BENEFITS BY SUCH ESSENTIAL FEDERAL WORKER SHALL OCCUR
 WITHIN NINETY DAYS AFTER THE END OF SUCH  SHUTDOWN.  THE  PROVISIONS  OF
 THIS SECTION SHALL APPLY REGARDLESS OF PASSAGE OF FEDERAL LEGISLATION OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00776-01-1

 S. 350                              2
 
 THE  ISSUANCE  OF  FEDERAL GUIDANCE FROM THE UNITED STATES DEPARTMENT OF
 LABOR OR ANOTHER FEDERAL AGENCY WHICH ALLOWS AN ESSENTIAL FEDERAL WORKER
 TO RECEIVE UNEMPLOYMENT INSURANCE BENEFITS.
   § 2. This act shall take effect immediately.

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