S T A T E   O F   N E W   Y O R K
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                                  3788

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN, PEOPLES, KOON, GREENE, MAYERSOHN --
  Multi-Sponsored by -- M.  of A. CLARK, COOK, DelMONTE,  HOOPER,  JOHN,
  McENENY,  PERRY, PHEFFER -- read once and referred to the Committee on
  Labor

AN ACT to amend the labor law, in relation to enacting the  Unemployment
  Insurance Liability Act of 2009

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Unemployment Insurance Liability Act of 2009".
  S  2.  Legislative findings. The legislature hereby finds and declares
that employers that have  relocated  out  of  New  York  state  are  not
required  to  make scheduled quarterly contributions to the unemployment
insurance fund once they have left the state.
  The legislature further declares that this creates a continuing  hard-
ship on the fund which threatens its solvency.
  Therefore, the legislature declares that employer contributions to the
unemployment  insurance  fund shall continue even after the employer has
left New York state, where former employees are receiving benefits.
  S 3. Subdivision 1 of section 562 of the  labor  law,  as  amended  by
chapter 103 of the laws of 1965, is amended to read as follows:
   1.    Required coverage. (a)  Any employer who has once become liable
for contributions under this article with respect to persons other  than
persons  employed in personal or domestic service in private homes shall
[cease to be liable as of] REMAIN LIABLE UNTIL  the  first  day  of  the
calendar  quarter  next  following the filing of his written application
provided the commissioner finds that the employer has not RELOCATED  OUT
OF STATE OR, with respect to [such] persons OTHER THAN THOSE EMPLOYED IN
PERSONAL  OR  DOMESTIC  SERVICE  IN  PRIVATE HOMES, paid remuneration of
three hundred dollars or more in  any  of  the  four  calendar  quarters
preceding such day.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05244-01-9
              

A. 3788                             2

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