Bill S7440-2013

Extends the provisions of chapter 831 of the laws of 1981, amending the labor law relating to fees and expenses in unemployment insurance proceedings

Extends the provisions relating to fees and expenses in unemployment insurance proceedings.

Details

Actions

  • Jun 11, 2014: SUBSTITUTED BY A9115
  • Jun 10, 2014: ADVANCED TO THIRD READING
  • Jun 9, 2014: 2ND REPORT CAL.
  • Jun 3, 2014: 1ST REPORT CAL.1193
  • May 15, 2014: REFERRED TO LABOR

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Labor - Jun 3, 2014
Ayes (13): Savino, Gallivan, Grisanti, Marcellino, Marchione, Martins, Robach, Peralta, Addabbo, Dilan, Perkins, Rivera, Sanders
Ayes W/R (1): Hannon
Nays (1): DeFrancisco
Absent (1): Ball

Memo

BILL NUMBER:S7440

TITLE OF BILL: An act to amend chapter 831 of the laws of 1981, amending the labor law relating to fees and expenses in unemployment insurance proceedings, in relation to extending the provisions of such chapter

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill Is to extend for two years, until December 31, 2016, provisions of law relating to fees and expenses in unemployment insurance proceedings, which are due to expire on December 31, 2014.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Section 3 of Chapter 831 of the Laws of 1981, to extend the current sunset date of paragraphs (a) and (c) of subdivision 3 of section 538, from December 31, 2014, to December 31, 2016.

Paragraphs(a) and (c):

* Require that for an agent to be registered as authorized to represent claimants, that agent must provide the Unemployment Insurance Appeal Board with his name, business address and telephone number and by posting a $500 bond with the appeal board for the benefit of claimants charged certain fees by that agent.

* Require that for an agent to be registered as authorized to represent an employer, that agent must provide the Appeal Board with a letter of authorization from the employer.

* Prohibit the registration of any agent who knowingly violates the law regarding compensation of representatives for services rendered to a claimant.

* Require that the Appeal Board maintains lists of authorized agents and attorneys who are available to represent claimants and makes these lists available to claimants on request.

Section 2 is the effective date.

JUSTIFICATION: Chapter 831 of the Laws of 1981 set standards for the fees and compensation of attorneys who represent claimants, as well as fees for any witnesses that m y be involved, in proceedings before the Unemployment Insurance Appeal Board. The expiring provisions also establish guidelines for the agents who are authorized by the Board to provide representation services in these appellate proceedings. These are important consumer protections that ensure that claimants are property represented and are not charged an undue fee. It is important that as more New York citizens rely on Unemployment Insurance while seeking sustainable employment, they continue to be represented by qualified agents at fair rates.

PRIOR LEGISLATIVE HISTORY: New bill.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7440 IN SENATE May 15, 2014 ___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend chapter 831 of the laws of 1981, amending the labor law relating to fees and expenses in unemployment insurance proceedings, in relation to extending the provisions of such chapter THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3 of chapter 831 of the laws of 1981, amending the labor law relating to fees and expenses in unemployment insurance proceedings, as amended by chapter 331 of the laws of 2012, is amended to read as follows: S 3. This act shall take effect January 1, 1982, provided, however, that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor law as added by section one of this act shall remain in full force and effect until December 31, [2014] 2016. S 2. This act shall take effect immediately.

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