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S7268Senate2015-2016 SessionSame asA10443

Provides for personal liability of corporate officers, members of limited liablity companies and partners for delinquent unemployment contributions

Sponsor Jack M. MartinsSD-7Affects Economy
Status
In Senate Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Labor

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Who cares

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Sponsors

Primary sponsor
Jack M. Martins

Senator · Senate District 7

Chair, Labor

No co-sponsors yet.

History

  1. Referred to labor

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the labor law, in relation to unemployment insurance

Purpose of the bill

The purpose of this bill is to make corporate officers, members and managers of limited liability companies, general partners, and certain limited partners personally liable for unpaid unemployment insurance ("UI") contributions.

Summary of provisions

Section 1 of the bill would add a new section 573-a to the Labor Law. This new section would impose personal liability upon: officers of a corporation; managers and members of limited liability companies with an ownership interest in or management authority over the limited liability company; general partners of partnerships; and limited partners of partnerships to the extent that such limited partners are liable to third parties under the Partnership Law. These individuals would receive a determination from the Commissioner of Labor setting forth the basis for personal liability and the total amount of contributions, penalties and interest due and unpaid. The bill also provides that the liability of such individuals may not be relieved by the dissolution of the corporation, limited liability company, or partnership. Finally, the bill provides that any person determined to be personally liable under this section shall have all rights of appeal set forth in title eight of Article 18 of the Labor Law with respect to the determination regarding his or her personal liability.

Section 2 of the bill provides that the bill would become effective immediately, but shall apply to amounts that become due in the quarter after the effective date of the bill.

Justification

Currently corporate officers, members or managers of limited liability companies, and limited partners cannot be held personally liable for unpaid UI contributions. Based on historical patterns, approximately $35 million per year in unpaid UI contributions is assigned inactive collection status due to the inability to collect from out-of-business corporations, limited liability companies, and partnerships who abandon their debt. The ability to collect against corporate officers, members or managers of limited liability companies, and certain partners would significantly decrease this amount and have a positive effect on the UI Trust Fund.

The bill would also serve as a deterrent against unscrupulous employers who evade paying their fair share of UI contributions by closing a business and setting up a new corporation, limited liability company, or partnership.

Legislative history

This is a new bill.

Fiscal implications

The enhanced collection authority set forth in this bill would result in an increase in UI Trust Fund revenues. The ability to collect against the individuals covered by this bill would result in an estimated increase of up to $20 million per year in UI contributions.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.