Requires that notice of initial determinations for unemployment benefits be provided to claimants within 30 days of such claimant furnishing all necessary documentation, and if the commissioner is unable to issue a determination within such time frame they shall inform the claimant of the new estimated time frame for the issuance of a determination.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3068
SPONSOR: Burdick TITLE OF BILL:
An act to amend the labor law, in relation to requiring that notice of
initial determinations for unemployment benefits be provided
PURPOSE OR GENERAL IDEA OF BILL:
To require the Department of Labor to notify claimants applying for
unemployment benefits within 30 days whether the claim has been approved
or denied.
SUMMARY OF PROVISIONS:
Section 1 requires the Department of Labor to notify unemployment
assistance claimants whether their claim has been approved or denied
within 30 days after they have supplied all information necessary for an
unemployment assistance claim, with an extension provision for exigent
circumstances.
Section 2 provides the effective date.
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 and
even months. Now, almost two years after devastating job losses began
the rush for much needed support, many claimants still do not receive
timely determinations regarding their claims.
By requiring the commissioner to issue determinations of approval or
denial within 30 days, while providing an exception for exigent circum-
stances, this bill will impose additional accountability on the Depart-
ment of Labor so that claimants get a response and the assistance they
need in a timely manner.
Further, this 30-day notice requirement 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 issue a notice of deter-
mination within 30 days of an application for benefits except in certain
well-defined circumstances. Unemployment insurance claimants deserve the
same consideration.
PRIOR LEGISLATIVE HISTORY:
2021-22: A9268A; Passed Senate and Assembly; Vetoed by Governor.
2023-2024: A.9880
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
