NY State Senate Bill 2023-S9460

Senate Bill S9460

2023-2024 Legislative Session

Relates to decreasing the length of the suspension period applicable to certain striking workers who seek to obtain unemployment insurance benefits

download bill text pdf

Current 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
May 15, 2024	referred to labor

2023-S9460 (ACTIVE) - Details

See Assembly Version of this Bill:: A1443
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §592, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4573, A6592
2021-2022: S8130, A9540

2023-S9460 (ACTIVE) - Summary

Relates to decreasing the length of the suspension period applicable to certain individuals who lose their jobs due to a labor dispute, such as a strike, and who seek to obtain unemployment insurance benefits; decreases the suspension period from two consecutive weeks to one week; provides that the waiting period and suspension period shall be served concurrently.

2023-S9460 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9460

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to decreasing the length of
the suspension period applicable to certain striking workers who seek to
obtain unemployment insurance benefits

 
PURPOSE:

This legislation requires a transportation network company (TNC), some-
times known as a mobility service provider (MSP), to implement and main-
tain a policy and oversight process of providing accessibility to
passengers or potential passengers with a disability, including any
accommodations required by the Americans with Disabilities Act of 1990.

 
SUMMARY OF PROVISIONS:

  Section 1. Paragraph (d) of subdivision 3 of section 1696 of the vehi-
cle  and traffic law, as added by section 2 of part AAA of chapter 59 of
the laws of 2017, (d)  A  transportation  network  company  (TNC)  shall

implement  and  maintain  a  policy  and  oversight process of providing
accessibility to passengers or potential passengers with  a  disability,
including  any accommodation required by the Americans with Disabilities
Act of 1990.

As amended and accommodation of service animals as such term is  defined
in section one hundred twenty three-b of the agriculture and markets law
and shall to the extent practicable adopt finding established by the New
York  State  TNC  accessibility  task  force adopted pursuant to section
twenty-one of part AAA of chapter fifty-nine of the laws of two thousand
seventeen. A TNC shall implement and maintain a  documented  policy  and
oversight  process  for  providing  such  accessibility. A TNC shall not
impose additional charges for providing services to persons  with  phys-
ical disabilities because of those disabilities and shall make available
on  the  mobile application of such TNC the ability to indicate accommo-
dation as required by  the  Americans  with  Disabilities  Act  of  1990
including accommodation of service animals.

  Section  2.  Administrative code of the city of New York is amended by
adding new section 19-503.2 passengers with disabilities. The commission
shall promulgate rules and regulations which  ensure  for-hire  vehicles
services provide any accommodations required by the Americans with Disa-
bilities  Act  of  1990. The commission shall promulgate rules and regu-
lation which ensures every for-hire vehicle service shall make available
on the mobile application of such service the ability to indicate accom-
modations as required by the Americans with  Disabilities  Act  of  1990
including accommodation of service animals.

  Section  3.  Section 1693 of the vehicle and traffic law is amended by
adding a new subdivision 14- A TNC shall collect twenty cents  per  trip
provided  by  such  TNC  and  deposit  the same in the On-deMand Vehicle
Accessibility Fund established pursuant to section ninety-b of the state
finance law.

  Section 4. On-demand Vehicle Accessibility Fund is hereby  established
in  the  joint  custody  of  the state comptroller and the department of
transportation an account of the miscellaneous special fund to be  known
at  the On-demand Vehicle Accessibility fund. The comptroller is author-
ized and directed to receive for deposit to the credit of the  on-demand
vehicle  accessibility fund designated for such deposit by law including
those  derived  from the surcharge authorized by subdivision fourteen of
section sixteen hundred ninety-three of the vehicle and traffic law.

Moneys of this account,  following  appropriation  by  the  legislature,
shall be available to support the state department of transportation for
expensed  of  providing  incentives and investments to ensure accessible
on-demand vehicle service for those with disabilities,  including  those
with service animals.

Section 5. This act shall take effect on the thirtieth day it shall have
become law.

 
JUSTIFICATION:

Paragraph one: Background of the issue the bill is addressing

(statistics,  industry,  etc.).  Paragraph  two:  This  legislation...to
address...what the bill actually

*If there is a legislative intent section in the bill, can pull informa-
tion from there*

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day  it  shall  have  become
law.

2023-S9460 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9460
 
                             I N  S E N A T E
 
                               May 15, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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 decreasing the  length  of
   the  suspension period applicable to certain striking workers who seek
   to obtain unemployment insurance benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1 and 3 of section 592 of the labor law, as
 amended by chapter 20 of the laws  of  2020,  are  amended  to  read  as
 follows:
   1. Industrial controversy. (a) The accumulation of benefit rights by a
 claimant  shall  be suspended during a period of [two consecutive weeks]
 ONE WEEK beginning with the day after such claimant lost  [his  or  her]
 THEIR  employment  because  of  a strike or other industrial controversy
 except for lockouts, including  concerted  activity  not  authorized  or
 sanctioned by the recognized or certified bargaining agent of the claim-
 ant, and other concerted activity conducted in violation of any existing
 collective  bargaining  agreement,  in the establishment in which [he or
 she] SUCH CLAIMANT was employed, except that benefit rights may be accu-
 mulated before the expiration of such [two] ONE  week  period  beginning
 with  the  day  after  such  strike  or other industrial controversy was
 terminated.
   (b) Benefits shall not be suspended under this section if:
   (i) The employer hires a permanent replacement worker for the  employ-
 ee's  position.  A  replacement worker shall be presumed to be permanent
 unless the employer certifies in writing that the employee will be  able
 to return to [his or her] SUCH EMPLOYEE'S prior position upon conclusion
 of  the  strike, in the event the strike terminates prior to the conclu-
 sion of the employee's eligibility for benefit rights under  this  chap-
 ter.  In  the  event the employer does not permit such return after such
 certification, the employee shall be entitled to  recover  any  benefits
 lost  as  a result of the [two] ONE week suspension of benefits, and the
 department may impose a penalty upon the employer of up to seven hundred
 fifty dollars per employee  per  week  of  benefits  lost.  The  penalty
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01295-04-4
 S. 9460                             2
 
 collected  shall  be  paid  into the unemployment insurance control fund
 established pursuant to section five hundred fifty-two-b of  this  arti-
 cle; or
   (ii) The commissioner determines that the claimant:
   (A)  is not employed by an employer that is involved in the industrial
 controversy that caused [his or her] SUCH CLAIMANT'S unemployment and is
 not participating in the industrial controversy; or
   (B) is not in a bargaining unit involved in the industrial controversy
 that caused [his or her] SUCH CLAIMANT'S unemployment and is not partic-
 ipating in the industrial controversy.
   3. Terms of suspension. [No] THE waiting period [may]  AND  SUSPENSION
 PERIOD SHALL be served [during a suspension period] CONCURRENTLY.
   The  suspension  of accumulation of benefit rights shall not be termi-
 nated by subsequent employment of the claimant irrespective of when  the
 claim is filed except as provided in subdivision one OF THIS SECTION and
 shall not be confined to a single benefit year.
   A  "week"  as  used in subdivision one of this section means any seven
 consecutive calendar days.
   § 2. This act shall take effect immediately.

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