NY State Senate Bill 2017-S467

Archive: Last 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor
Jan 04, 2017	referred to labor

2017-S467 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §599, Lab L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2775
2011-2012: S722
2013-2014: S127
2015-2016: S1254

2017-S467 (ACTIVE) - Summary

Expands retraining opportunities to unemployed citizens of the state.

2017-S467 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S467

 TITLE OF BILL :

An act to amend the labor law, in relation to expanding eligibility
for unemployed workers who would benefit from retraining and increase
funding for the provision of extended unemployment insurance benefits

 PURPOSE OF BILL :

To ensure meaningful opportunities for retraining in a new economy by
expanding access to extended unemployment benefits for jobless workers
while they are in approved training programs.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends Labor Law section 599(1) to expand
training opportunities for unemployed workers in the 599 extended
benefits program. The Commissioner of Labor may approve training
provided by the Workforce Investment Act; the State Departments of
Labor, Education, Correctional Services, Health or Mental Health; the
Empire State Development Corporation; or the SUNY Educational
Opportunity Center. The Commissioner may consider whether the training
enables the worker to obtain employment that pays a family sustaining
wage. The training may include remedial education needed for the
worker's career advancement or completion.

Section 2 of the bill amends Labor Law section 599 (2) to allow
workers approved for training to access the full 26 weeks of extended
benefits if they provide timely notice to the Commissioner. The cap on
the use of funds from the Unemployment Insurance Trust Fund would be
increased from $20 million to $50 million.

 EXISTING LAW :

Labor law section 599 allows workers to receive extended employment
benefits while participating in a training program approved by the
Commissioner of Labor. The Commissioner must consider whether the
training will upgrade the worker's skills or lead to more regular long
term employment. The duration of extended benefits may not exceed
twice the number of regular benefits the worker is entitled to at the
time he or she is approved for training. The current cap on the use of
funds from the Unemployment Insurance Trust Fund is $20 million.

 JUSTIFICATION :

The unemployment insurance program was originally designed for an
industrial economy where unemployment mainly resulted from temporary
layoffs or furloughs when a factory shut down, due to the possibility
that workers were likely to be reemployed in a job requiring the same
skills, re-training was not a focus of the original unemployment
insurance program.

A greater share of today's unemployed, however, require re-training in
order to become gainfully employed. The current unemployment rate for
New York State is 7.9%, and 9.1% for New York City. Additionally, the
state unemployment rates remain disproportionately high for
minorities--15.6% among blacks and 11.7% among Hispanics.

Many of these unemployed workers need new training and education to
apply for new positions with employers that require a workforce with
upgraded skills to perform in the new economy. The 599 extended
benefits program additionally promotes access to training for lower
wage workers to upgrade their place in the labor market and helps
downsized workers regain their footing in the middle class.

While the state's UI system does not provide funds to pay for training
courses, it can address a major problem related to retraining.
Numerous jobless workers decide to drop out or do not pursue training
or skills upgrading because they need to take a job -- even a
substandard one -to support their families and make ends meet. This
bill will enable them to continue or enroll in training programs until
they obtain the skills needed to secure new jobs. In addition, should
Congress decide not to continue granting extensions of unemployment
benefits, the 599 program will provide a vital link to unemployed
workers so that they secure new jobs more quickly and become
re-employed. By continuing the payment of unemployment benefits to
workers enrolled in training, the 599 program offers working families
a meaningful opportunity to break the cycle of unemployment and under
employment.

 LEGISLATIVE HISTORY :

2015-2016-S1254
2013-2014 - S.127
2011-12: S.722
2009: S.2775 Reported to Finance; A.2131 Referred to Labor
2007-08: A.7993 Referred to Labor.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S467 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    467
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- 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 expanding eligibility  for
   unemployed  workers  who  would  benefit  from retraining and increase
   funding for the provision of extended unemployment insurance benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 599 of the labor law, as amended by chapter 593 of
 the laws of 1991, is amended to read as follows:
   § 599. Career and related training; preservation  of  eligibility.  1.
 Notwithstanding  any  other  provision of this article, a claimant shall
 not become ineligible for benefits because  of  the  claimant's  regular
 attendance in a program of training which the commissioner has approved.
 The  commissioner  shall give due consideration to existing and prospec-
 tive conditions of the labor market in the state,  taking  into  account
 present  and  anticipated  supply and demand regarding the occupation or
 skill to which the training relates, and to any other relevant factor. A
 DETERMINATION OF POTENTIAL ELIGIBILITY FOR BENEFITS UNDER  THIS  ARTICLE
 SHALL  BE  ISSUED  TO AN UNEMPLOYED INDIVIDUAL IF THE COMMISSIONER FINDS
 THAT THE TRAINING IS AUTHORIZED BY THE FEDERAL WORKFORCE INVESTMENT ACT,
 THE DEPARTMENT, THE EDUCATION DEPARTMENT, THE DEPARTMENT OF  CORRECTIONS
 AND  COMMUNITY  SUPERVISION,  THE  DEPARTMENT  OF  HEALTH, THE OFFICE OF
 MENTAL HEALTH, THE EMPIRE STATE DEVELOPMENT  CORPORATION  OR  THE  STATE
 UNIVERSITY  OF  NEW  YORK EDUCATIONAL OPPORTUNITY CENTER. However, in no
 event shall the commissioner approve [such] training for a claimant  NOT
 AUTHORIZED  BY  SUCH  FEDERAL ACT, OR STATE OR QUASI-STATE ENTITY LISTED
 ABOVE unless:
   (a) (1) the training will upgrade the  claimant's  existing  skill  or
 train the claimant for an occupation likely to lead to more regular long
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00054-01-7

 S. 467                              2
 
 term  employment;    ENABLE  CLAIMANT TO OBTAIN EMPLOYMENT THAT ACHIEVES
 WAGE PRESERVATION OR MAKES PROGRESS TOWARD A FAMILY-SUSTAINING WAGE; or
   (2)  employment  opportunities for the claimant are or may be substan-
 tially impaired because of:
   (i) existing or prospective conditions of  the  labor  market  in  the
 locality  or in the state or reduced opportunities for employment in the
 claimant's occupation or skill; or
   (ii) technological change, plant closing or plant removal,  discontin-
 uance of specific plant operations, or similar reasons; or
   (iii)  limited opportunities for employment throughout the year due to
 the seasonal nature of the industry in which the claimant is customarily
 employed; or
   (iv) the claimant's personal traits such as physical or  mental  hand-
 icap; and
   (b)  the  training,  INCLUDING REMEDIAL EDUCATION WHICH IS INTEGRAL TO
 CAREER ADVANCEMENT OR REQUIRED FOR COMPLETING  CAREER-RELATED  TRAINING,
 relates  to  an occupation or skill for which there are, or are expected
 to be in the immediate future, reasonable  employment  opportunities  in
 the state; and
   (c)  the  training  is  offered by a competent and reliable agency and
 does not require more than twenty-four months to complete; and
   (d) the claimant has the  required  qualifications  and  aptitudes  to
 complete the training successfully.
   2. (a) Notwithstanding any other provision of this chapter, a claimant
 attending  an approved training course or program under this section may
 receive additional benefits of up to one  hundred  four  effective  days
 following  exhaustion  of  regular and, if in effect, any other extended
 benefits, provided that entitlement to a new  benefit  claim  cannot  be
 established.  Certification  of continued satisfactory participation and
 progress in such training course or program must  be  submitted  to  the
 commissioner prior to the payment of any such benefits. [The duration of
 such  additional  benefits  shall  in no case exceed twice the number of
 effective days of regular benefits to which the claimant is entitled  at
 the  time  the  claimant is accepted in, or demonstrates application for
 appropriate training.] ANY UNEMPLOYED INDIVIDUAL RECEIVING  UNEMPLOYMENT
 INSURANCE  BENEFITS  PAYABLE  UNDER  THIS  SUBDIVISION, WHO NOTIFIES THE
 DEPARTMENT WITH THE INTENT TO SEEK  TRAINING  OPPORTUNITIES  UNDER  THIS
 ARTICLE  NO  LATER THAN THE SIXTEENTH WEEK OF HIS OR HER RECEIVING BENE-
 FITS, AND IS DETERMINED ELIGIBLE FOR BENEFITS  UNDER  THIS  ARTICLE,  IS
 ENTITLED  TO A TRAINING EXTENSION OF THE FULL ONE HUNDRED FOUR EFFECTIVE
 DAYS ON HIS OR HER UNEMPLOYMENT COMPENSATION  CLAIM,  IF  NECESSARY,  TO
 COMPLETE APPROVED TRAINING.
   (b)  No  more than [twenty] FIFTY million dollars of benefits per year
 shall be made available for payment to claimants participating  in  such
 courses or programs.
   (c)  Participation  in  such  training  course or program shall not be
 limited to any selected areas or localities of the state but subject  to
 the  availability of funds, shall be available to any claimant otherwise
 eligible to participate in training courses or programs pursuant to this
 section.
   (d) The additional benefits paid to a claimant shall be charged to the
 general account.
   3. Notwithstanding any other provision of this article, a claimant who
 is in training approved under the federal trade act of nineteen  hundred
 seventy-four shall not be disqualified or become ineligible for benefits
 because  he  is  in such training or because he left employment which is

 S. 467                              3

 not suitable employment to enter such  training.  For  purposes  hereof,
 "suitable  employment"  means  work  of  a substantially equal or higher
 skill level than the claimant's past adversely affected  employment  and
 for which the remuneration is not less than eighty percent of the claim-
 ant's average weekly wage.
   § 2. This act shall take effect immediately.

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Senate Bill S467

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

2017-S467 (ACTIVE) - Details

2017-S467 (ACTIVE) - Summary

2017-S467 (ACTIVE) - Sponsor Memo

2017-S467 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S467

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Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Labor Committee

2017-S467 (ACTIVE) - Details

2017-S467 (ACTIVE) - Summary

2017-S467 (ACTIVE) - Sponsor Memo

2017-S467 (ACTIVE) - Bill Text download pdf

Comments