•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06945 Summary:

BILL NOA06945
 
SAME ASSAME AS S06551
 
SPONSORBurdick
 
COSPNSR
 
MLTSPNSR
 
Amd 596 & 620, Lab L
 
Relates to an individual's right to request a hearing regarding an unemployment insurance benefits claim; provides such a hearing can be requested if benefits or a written notice of determination denying their claim are not received within thirty days of providing all required information.
Go to top    

A06945 Actions:

BILL NOA06945
 
05/09/2023referred to labor
01/03/2024referred to labor
Go to top

A06945 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6945
 
SPONSOR: Burdick
  TITLE OF BILL: An act to amend the labor law, in relation to an individual's right to request a hearing regarding an unemployment insurance benefits claim   PURPOSE OR GENERAL IDEA OF BILL: To allow applicants for unemployment insurance benefits to request a hearing if they do not receive benefits or a notice of initial determi- nation within thirty days of completing an application and to require the Department of Labor to notify them of their right to a hearing when they apply.   SUMMARY OF PROVISIONS: Section 1 amends subdivision six of section 596 of the labor law to add a new paragraph e requiring that the Department of Labor advise an indi- vidual filing a new claim for benefits that they have a right to request a hearing if, after thirty days of completing an application for bene- fits, they have not begun receiving benefits and have not received a written notice of determination denying benefits. § 2 amends subdivision one of section 620 of the labor law to provide that where an unemployment insurance benefits claimant has not begun receiving benefits and has not received a written notice of determi- nation denying benefits within thirty days of completing the application for benefits the claimant may request a. hearing. § 3 provides the effective date and directs the Department of Labor to add, amend, or repeal any rule or regulation necessary for implementa- tion of the act.   JUSTIFICATION: Unprecedented numbers of New Yorkers applying for unemployment assist- ance swamped the Department of Labor early in the COVID-19 pandemic. In the months following the first deluge of claims, many claimants received little or no communication from the Department of Labor for weeks or in some cases months. Even now, three years after devastating job losses began the rush for much needed support, many claimants still do not receive timely determinations regarding their claims. Current law provides a right to a hearing to an unemployment insurance benefit claimant only after receipt of a notice of determination. Where the claimant has neither begun to receive benefits nor received a notice of determination denying benefits, there is no means by which to request a hearing no matter how much time has elapsed since the initial date of application. By allowing individuals to request a hearing if they have not received benefits or notice that their claim has been denied within 30 days, this bill will provide claimants with some recourse. Further, providing a right to a hearing when thirty days have elapsed with no decision on benefit eligibility, brings the Department of Labor in line with the eligibility determination time frame for other state- administered benefits such as Family Assistance, Safety Net Assistance, Supplemental Nutrition Assistance Program (SNAP) benefits, and Medical Assistance benefits. All of these programs must make a determination and issue a notice of determination within 30 days of an application for benefits except in certain well-defined circumstances. Where applicants disagree with the determination, or where no determination has been timely issued, applicants have a right to a hearing. Unemployment insur- ance claimants deserve the same consideration.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect 90 days after it shall become a law.
Go to top

A06945 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6945
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 9, 2023
                                       ___________
 
        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee on Labor
 
        AN ACT to amend the labor law, in relation to an individual's  right  to
          request a hearing regarding an unemployment insurance benefits claim
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 6 of section 596 of the labor law is amended by
     2  adding a new paragraph (e) to read as follows:
     3    (e) If the individual does not begin to receive benefits or  does  not
     4  receive  a  written  notice  of determination denying their claim within
     5  thirty days of furnishing all of the information  required  under  para-
     6  graph  (a)  of  subdivision  two of section five hundred ninety-seven of
     7  this title, they have the right to request a  hearing  as  described  in
     8  paragraph  (a)  of subdivision one of section six hundred twenty of this
     9  article.
    10    § 2. Paragraph (a) of subdivision 1 of section 620 of the  labor  law,
    11  as  amended  by  chapter  554 of the laws of 2010, is amended to read as
    12  follows:
    13    (a) A claimant who is dissatisfied with an  initial  determination  of
    14  his or her claim for benefits or any other party, including any employer
    15  whose  employer  account  percentage  might be affected by such determi-
    16  nation may, within thirty days after the mailing or personal delivery of
    17  notice of such determination, request a hearing.  Where such  notice  of
    18  determination  has not been issued by the department, or received by the
    19  claimant, within thirty days of claimant's filing a claim  for  benefits
    20  and  furnishing the required information, as provided for by subdivision
    21  one of section five hundred ninety-seven of this article,  the  claimant
    22  may  request  a  hearing under the presumption that their claim has been
    23  denied. The referee may extend the time fixed for requesting a  hearing,
    24  upon  evidence  that  the physical condition or mental incapacity of the
    25  claimant prevented the claimant from filing an appeal within thirty days
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10982-01-3

        A. 6945                             2
 
     1  of the  initial  determination.  Any  employer  whose  employer  account
     2  percentage  might  be  affected  by  such determination, irrespective of
     3  whether or not such employer was a party to a hearing brought hereunder,
     4  shall have access to all records of any hearing brought hereunder by any
     5  party  relating  to  such  determination,  provided, however, that those
     6  records shall be subject to redaction or shall be withheld in accordance
     7  with applicable federal or state statutory and  regulatory  requirements
     8  governing  information  confidentiality and personal privacy, including,
     9  but not limited to, article six and article six-A of the public officers
    10  law.
    11    § 3. This act shall take effect on the ninetieth day  after  it  shall
    12  have become a law. Effective immediately, the addition, amendment and/or
    13  repeal  of  any  rule  or regulation necessary for the implementation of
    14  this act on its effective date are authorized to be made  and  completed
    15  on or before such date.
Go to top