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S02706 Summary:

BILL NO    S02706A

SAME AS    SAME AS A05375-A

SPONSOR    PARKER

COSPNSR    

MLTSPNSR   

Amd S562, Lab L

Enacts the "Unemployment Insurance Liability Act of 2014;" requires that
employers that are relocated out of New York State continue to contribute to
the unemployment insurance fund when former employees of the employer are
receiving benefits for two quarters; mandates that employers shall identify all
employees being terminated as a result of the relocation and include the amount
of weekly wages paid to such individuals as part of the final quarterly payroll
report submitted to the department of insurance.
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S02706 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        2706--A

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 23, 2013
                                      ___________

       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor  --  recommitted  to
         the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee

       AN  ACT to amend the labor law, in relation to enacting the Unemployment
         Insurance Liability Act of 2014

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "Unemployment Insurance Liability Act of 2014".
    3    S 2. Legislative findings. The legislature hereby finds  and  declares
    4  that  employers  that  have  relocated  out  of  New  York state are not
    5  required to make scheduled quarterly contributions to  the  unemployment
    6  insurance fund once they have left the state.
    7    The  legislature further declares that this creates a continuing hard-
    8  ship on the fund which threatens its solvency.
    9    Therefore, the legislature declares that employer contributions to the
   10  unemployment insurance fund shall continue even after the  employer  has
   11  left New York state, where former employees are receiving benefits.
   12    S  3.  Subdivision  1  of  section 562 of the labor law, as amended by
   13  chapter 103 of the laws of 1965, is amended to read as follows:
   14     1.  Required coverage. (a)  Any employer who has once  become  liable
   15  for  contributions under this article with respect to persons other than
   16  persons employed in personal or domestic service in private homes  shall
   17  [cease  to  be  liable  as  of] REMAIN LIABLE UNTIL the first day of the
   18  calendar quarter next following the filing of  his  written  application
   19  provided  the commissioner finds that the employer has not RELOCATED OUT
   20  OF STATE OR, with respect to [such] persons OTHER THAN THOSE EMPLOYED IN
   21  PERSONAL OR DOMESTIC SERVICE IN  PRIVATE  HOMES,  paid  remuneration  of

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06939-02-4
       S. 2706--A                          2

    1  three  hundred  dollars  or  more  in  any of the four calendar quarters
    2  preceding such day.
    3     (b)  AN  EMPLOYER  WHO HAS RELOCATED OUT OF STATE SHALL REMAIN LIABLE
    4  FOR CONTRIBUTIONS TO THE FUND FOR TWO QUARTERS FROM THE  DATE  ON  WHICH
    5  THE RELOCATION OCCURRED. CONTRIBUTIONS TO THE FUND SHALL BE BASED ON THE
    6  FINAL QUARTERLY REPORT AS SUBMITTED.
    7    (C) AN EMPLOYER WHO HAS RELOCATED OUT OF STATE SHALL:
    8    (I)  IDENTIFY  ALL EMPLOYEES BEING TERMINATED AS A RESULT OF THE RELO-
    9  CATION, AND
   10    (II) INCLUDE THE AMOUNT OF WEEKLY WAGES PAID TO  SUCH  INDIVIDUALS  AS
   11  PART OF THE FINAL QUARTERLY PAYROLL REPORT SUBMITTED TO THE DEPARTMENT.
   12    (D)    Any employer who has once become liable for contributions under
   13  this article with respect to persons employed in  personal  or  domestic
   14  service  in  a private home shall cease to be liable as of the first day
   15  of the calendar quarter next following the filing of his written  appli-
   16  cation,  provided  the commissioner finds that the employer has not with
   17  respect to such persons  paid  remuneration  in  cash  of  five  hundred
   18  dollars or more in any of the four calendar quarters preceding such day.
   19    S 4. This act shall take effect immediately.
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