NY State Senate Bill 2021-S7086

Senate Bill S7086

2021-2022 Legislative Session

Repeals the excluded workers fund; establishes the return to work bonus and employer relief fund

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Archive: Last Bill Status - In Senate Committee Finance 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 finance
May 27, 2021	referred to finance

co-Sponsors

2021-S7086 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Rpld Part EEE, Chap 59 of 2021; amd §1, Chap 53 of 2021; add §591-b, Lab L

2021-S7086 (ACTIVE) - Summary

Repeals the excluded workers fund and appropriations made therefor; establishes the return to work bonus and employer relief fund to provide eligible individuals with a $1200 bonus for returning to work and makes appropriations therefor.

2021-S7086 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7086

SPONSOR: RATH
 
TITLE OF BILL:

An act to repeal part EEE of a chapter 59 of the laws of 2021, relating
to establishing the excluded workers fund to provide payments to workers
who suffered a loss of work-related earnings or a major source of house-
hold income during a state of emergency declared by the governor and who
are otherwise ineligible for unemployment insurance or other state or
federal unemployment benefit; to amend chapter 53 of the laws of 2021,
enacting the aid to localities budget, in relation to repealing the
excluded workers fund and adding the return to work bonus and employer
relief fund; and to amend the labor law, in relation to creating the
return to work bonus and employer relief fund, and providing for the
repeal of such provision upon the expiration thereof

 
PURPOSE OF THE BILL:

This bill repeals the excluded workers fund as established in part EEE
of chapter 59 of the laws of 2021 and creates the return to work bonus
and employer relief fund. The return to work bonus and employer relief

fund would prioritize the hiring and re-hiring of employees previously
receiving unemployment benefits.

 
SUMMARY OF PROVISIONS:

Section one of the bill repeals part EEE of chapter 59 of the laws of
2021, relating to establishing the excluded workers fund.

Section 2 of the bill amends section 1 of chapter 53 of the laws of
2021, by repealing items related to excluded workers fund and adding to
such section items related to the return to work bonus and employer
relief fund.

Section 3 of the bill amends the labor law by adding a new section
591-b. This new section establishes eligibility criteria for the return
to work bonus and employer relief fund. The section further outlines
duties of the commissioner in relation to administering the return to
work bonus and employer relief fund.

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

The rate of unemployment claims in New York State is unsustainable for
workers, businesses, and consumers. As claims continue to remain high,
businesses are struggling to hire adequate staff. Further, businesses
are experiencing exorbitant increases in unemployment insurance rates,
adding to an already stressful economic climate.

Preliminary unemployment rates as of April 2021 indicate that New York-
ers are struggling to get back to work. With an unemployment rate of
8.5% reported, New York is well above the national rate of 6.1%.  To
incentivize a return to work, this bill offers prospective employees a
one-time $1,200 bonus. The $1,200 bonus will provide prospective employ-
ees with strong compensation for returning to work while serving, as a
deterrent for additional unemployment claims. Not only will this initi-
ative provide employers with an increased workforce, but it will also
expedite economic recovery for small businesses and their respective
communities.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7086 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7086
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 27, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to repeal part EEE of a chapter 59 of the laws of 2021,  relating
   to establishing the excluded workers fund to provide payments to work-
   ers  who suffered a loss of work-related earnings or a major source of
   household income during a state of emergency declared by the  governor
   and  who  are otherwise ineligible for unemployment insurance or other
   state or federal unemployment benefit; to amend chapter 53 of the laws
   of 2021, enacting the aid to localities budget, in relation to repeal-
   ing the excluded workers fund and adding the return to work bonus  and
   employer  relief  fund;  and  to  amend  the labor law, in relation to
   creating the return to  work  bonus  and  employer  relief  fund,  and
   providing for the repeal of such provision upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Part EEE of a chapter 59 of the laws of 2021,  relating  to
 establishing  the excluded   workers fund to provide payments to workers
 who suffered a loss of work-related earnings or a major source of house-
 hold income during a state of emergency declared by the governor and who
 are otherwise ineligible for unemployment insurance or  other  state  or
 federal unemployment benefit, is REPEALED.
   §  2. Section 1 of chapter 53 of the laws of 2021, enacting the aid to
 localities budget, is amended by repealing  the  items  hereinbelow  set
 forth  in  brackets and by adding to such section the other items under-
 scored in this section.
 [THE EXCLUDED WORKERS FUND ............................... 2,100,000,000
                                                           --------------

   General Fund
   Local Assistance Account - 10000

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11639-01-1

 S. 7086                             2

 For services and expenses  of  administering
   the  excluded workers fund.  Notwithstand-
   ing any  inconsistent  provision  of  law,
   this  appropriation may be used for grants
   in  aid or expenses of contracts with not-
   for-profit  agencies  to   be   determined
   pursuant  to a plan to be developed by the
   department of labor in  consultation  with
   the  director of the budget. Notwithstand-
   ing any other  provision  of  law  to  the
   contrary,  no more than ten percent of the
   funds appropriated herein  may  be  trans-
   ferred  or  suballocated  to  any  aid  to
   localities, state operations,  or  capital
   appropriation  of  any  state  department,
   agency, or  authority  to  accomplish  the
   intent or purposes stated herein ......... 2,100,000,000
                                             --------------
     Program account subtotal ............... 2,100,000,000
                                            ---------------]
 
 THE RETURN TO WORK BONUS AND EMPLOYER RELIEF FUND ........ 2,100,000,000
                                                           --------------
 
   GENERAL FUND
   LOCAL ASSISTANCE ACCOUNT - 10000

 FOR  SERVICES  AND EXPENSES OF ADMINISTERING
   THE RETURN  TO  WORK  BONUS  AND  EMPLOYER
   RELIEF  FUND  AS  ESTABLISHED  IN  SECTION
   591-B OF THE LABOR LAW.    NOTWITHSTANDING
   ANY  INCONSISTENT  PROVISION  OF LAW, THIS
   APPROPRIATION MAY BE USED TO PROVIDE BONUS
   TO ELIGIBLE  INDIVIDUALS  WITH  BONUS  FOR
   RETURNING  TO  WORK  AND TO PROVIDE RELIEF
   FROM  CONTRIBUTIONS   TO   THE   INTERESTS
   ASSESSMENT   SURCHARGE  FUND  PURSUANT  TO
   SECTION 591-B OF THE LABOR LAW ........... 2,100,000,000
                                             --------------
     PROGRAM ACCOUNT SUBTOTAL ............... 2,100,000,000
                                             --------------
 
   § 3. The labor law is amended by adding a new section 591-b to read as
 follows:
   § 591-B. RETURN TO WORK BONUS AND EMPLOYER RELIEF FUND.  1.  THERE  IS
 HEREBY  CREATED  A  RETURN  TO WORK BONUS AND EMPLOYER RELIEF FUND TO BE
 ADMINISTERED BY THE DEPARTMENT OF LABOR.
   2. ELIGIBILITY. INDIVIDUALS MEETING THE FOLLOWING  CRITERIA  SHALL  BE
 ELIGIBLE  TO  RECEIVE  A  ONE-TIME  TWELVE HUNDRED DOLLAR BONUS FROM THE
 RETURN TO WORK BONUS AND EMPLOYER RELIEF FUND:
   (A) SUCH INDIVIDUAL HAD AN ACTIVE UNEMPLOYMENT CLAIM ON THE DAY OF  OR
 ANY DAY PROCEEDING THE EFFECTIVE DATE OF THIS SECTION;
   (B) SUCH INDIVIDUAL HAS BECOME EMPLOYED BY A NON-GOVERNMENTAL EMPLOYER
 LOCATED IN NEW YORK STATE AFTER THE EFFECTIVE DATE OF THIS SECTION;
   (C)  UPON  THE  EFFECTIVE  DATE OF THIS SECTION, SUCH INDIVIDUAL IS NO
 LONGER ELIGIBLE TO RECEIVE  UNEMPLOYMENT  BENEFITS  UNDER  SECTION  FIVE

 S. 7086                             3
 
 HUNDRED NINETY-ONE OR FIVE HUNDRED NINETY-ONE-A OF THIS TITLE FOR REASON
 OF COMPENSATION FROM EMPLOYMENT; AND
   (D)  SUCH  INDIVIDUAL HAS COMPLETED AT LEAST FOUR CONSECUTIVE WEEKS OF
 EMPLOYMENT AFTER THE EFFECTIVE DATE OF THIS SECTION.
   3. DUTIES OF THE COMMISSIONER.  (A)  THE  COMMISSIONER  SHALL  UTILIZE
 MONIES FROM THE RETURN TO WORK BONUS AND EMPLOYER RELIEF FUND TO PROVIDE
 ALL  ELIGIBLE  INDIVIDUALS  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION
 WITH A TWELVE HUNDRED DOLLAR PAYMENT UPON  THE  COMPLETION  OF  SUCH  AN
 INDIVIDUAL'S  FOURTH  CONSECUTIVE WEEK OF EMPLOYMENT UNDER PARAGRAPH (D)
 OF SUBDIVISION TWO OF THIS SECTION.
   (B) THE COMMISSIONER SHALL UTILIZE ANY FUNDS NOT DISTRIBUTED TO ELIGI-
 BLE INDIVIDUALS UNDER THIS SECTION TO REDUCE THE  BURDEN  ON  ALL  BUSI-
 NESSES  REQUIRED TO CONTRIBUTE TO THE INTEREST ASSESSMENT SURCHARGE FUND
 PURSUANT TO SECTION FIVE HUNDRED EIGHTY-ONE-D OF THIS ARTICLE.
   § 4. This act shall take effect immediately; provided,  however,  that
 section  two  of  this act shall expire and be deemed repealed September
 28, 2021.

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Senate Bill S7086

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Sponsored By

Edward A. Rath III