NY State Senate Bill 2021-S346

Senate Bill S346

Signed By Governor

2021-2022 Legislative Session

Includes certain independent contractors in the state directory of new hires to aid in the administration of the child support enforcement program

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
Oct 25, 2021	signed chap.504
Oct 13, 2021	delivered to governor
May 26, 2021	returned to senate passed assembly
May 24, 2021	ordered to third reading rules cal.77 substituted for a1242
Mar 25, 2021	referred to ways and means delivered to assembly passed senate
Jan 25, 2021	advanced to third reading
Jan 20, 2021	2nd report cal.
Jan 19, 2021	1st report cal.126
Jan 06, 2021	referred to investigations and government operations

Votes

- Mar 25, 2021 - Floor Vote
  S346
  
  51
  
  Aye
  
  12
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 25, 2021
      
      aye (51)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (12)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Stec
  Jan 19, 2021 - Investigations And Government Operations Committee Vote
  S346
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Jan 19, 2021
      
      aye (6)
      
      Biaggi
      
      Gaughran
      
      Kaminsky
      
      Palumbo
      
      Reichlin-Melnick
      
      Skoufis
      
      aye wr (1)
      
      O'Mara

2021-S346 (ACTIVE) - Details

See Assembly Version of this Bill:: A1242
Law Section:: Tax Law
Laws Affected:: Amd §171-h, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1190
2011-2012: A192
2013-2014: S7284, A1594
2015-2016: S309, A1279
2017-2018: S2140, A12
2019-2020: S7054, A263

2021-S346 (ACTIVE) - Summary

Includes certain independent contractors in the state directory of new hires to aid in the administration of the child support enforcement program.

2021-S346 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S346

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the tax law, in relation to including certain independ-
ent contractors in the state directory of new hires to aid in the admin-
istration of the child support enforcement program

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill addresses the persistent problem of tracking persons whose
child support payments are delinquent. It includes independent contrac-
tors with contracts in excess of $2,300 in the state directory of new
hires to aid in the administration of the child support enforcement
program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Paragraph (a) of subdivision 2 of section 171-h of the tax law as added
by chapter 398 of the laws of 1997 is amended to provide the above addi-

tion.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Existing law does not include independent contractors with contracts in
excess of $2,500 in the state directory of new hires.

 
JUSTIFICATION:

Self-employed payers are among the most difficult to collect child
support payments from. Businesses, although not required, are encouraged
to report all independent contractors regardless of contract amount.
This legislation provides a much needed requirement to aid in the track-
ing of these delinquent payers who negligently and purposefully deny
their children due support.

 
PRIOR LEGISLATIVE HISTORY:

S. 7054/A. 263 of 2019/20; Passed Assembly

2017-2018: A.12 Passed Assembly

2015-2016: A.1279 - Passed Assembly

2013-2014: A.1594 - Passed Assembly

2011-2012: A.192 Passed Assembly

2009-2010: A.1390 - Passed Assembly

2007-2008: A.7722 - Referred to Ways and Means

2005-2006: A.5739 - Referred to Ways and Means,

2003-2004: A.336 - Passed Assembly

2001-2002: A.43 - Passed Assembly,

1999-2000: A.9636 - Passed Assembly

 
FISCAL IMPLICATIONS:

Minor administrative costs.  Costs associated with implementing similar
legislation in other states has shown that the requirement has not
significantly impacted operating costs or worker caseloads.

 
EFFECTIVE DATE:
This act shall take effect on the first day of January succeeding the
date on which it shall have become law.

2021-S346 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    346
 
                        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 Investigations and Govern-
   ment Operations
 
 AN ACT to amend the tax law, in relation to including certain  independ-
   ent  contractors  in  the  state  directory of new hires to aid in the
   administration of the child support enforcement program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (a) of subdivision 2 of section 171-h of the tax
 law, as amended by chapter 398 of the laws of 1997, is amended  to  read
 as follows:
   (a)    "employee"  means  an  individual who is an employee within the
 meaning of chapter twenty-four of the internal  revenue  code  of  1986,
 INCLUDING AN INDIVIDUAL UNDER AN INDEPENDENT CONTRACTOR ARRANGEMENT WITH
 CONTRACTS IN EXCESS OF TWENTY-FIVE HUNDRED DOLLARS, and does not include
 an  employee  of  a  federal  or state agency performing intelligence or
 counterintelligence functions if the head of such agency has  determined
 that a report made pursuant to this section with respect to the individ-
 ual  could  endanger the safety of the employee or compromise an ongoing
 investigation or intelligence mission.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01483-01-1

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