New York S 2025: Provides that an elementary or secondary student shall not have capacity to consent to sexual conduct with a school employee

Bill Text

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 Speaker Carl E. Heastie

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S02025 Summary:

BILL NOS02025 

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SAME ASSAME AS A05015

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SPONSORKRUEGER

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COSPNSRBAILEY, BRISPORT, COONEY, GIANARIS, HOYLMAN-SIGAL, JACKSON, MATTERA, MAYER, PALUMBO, SALAZAR,
 SEPULVEDA, SERRANO, WEBER, WEIK

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MLTSPNSR

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Add §597-a, amd §597, Lab L

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Waives Unemployment Pandemic Benefits repayments in whole or in part if the payment of such pandemic unemployment assistance was without fault on the part of the claimant and such repayment would be contrary to equity and good conscience.

Go to top S02025 Actions:

BILL NOS02025 

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01/15/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS02025 Committee&nbspVotes:

Go to topS02025 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02025 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2025

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

 Introduced by Sens. KRUEGER, BAILEY, BRISPORT, COONEY, GIANARIS, HOYL-
 MAN-SIGAL, JACKSON, MATTERA, MAYER, PALUMBO, SALAZAR, SEPULVEDA,
 WEBER, WEIK -- 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 waiving repayment of unem-
 ployment pandemic benefits under certain circumstances

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The labor law is amended by adding a new section 597-a to
 2 read as follows:
 3 § 597-a. Waiver authority for certain overpayments of pandemic unem-
 4 ployment assistance. 1. Definitions. As used in this section:
 5 (a) "Unemployment pandemic benefits" or "UPB" means federal unemploy-
 6 ment insurance or assistance payments including extended benefits and
 7 the first week of regular unemployment insurance made during the period
 8 of January twenty-seventh, two thousand twenty through September sixth,
 9 two thousand twenty-one.
 10 (b) "Without fault" means the claimant has not knowingly supplied or
 11 omitted false information, with the intent to receive benefits, which
 12 directly resulted in the department issuing UPB to which the claimant
 13 was not entitled.
 14 (c) "Blanket waiver" means a waiver authorized under federal law,
 15 including but not limited to UIPL 20-21 and UIPL 20-21, Change 1 and any
 16 and all subsequent waivers that the federal government authorizes states
 17 to implement.
 18 (d) "Categorical waivers" means a waiver for which the department
 19 receives approval after requesting permission to implement from the
 20 Federal Department of Labor and/or appropriate federal agency in accord-
 21 ance with UIPL 20-21, Change 1, Attachment 2. Upon approval, a categori-
 22 cal waiver becomes a blanket waiver.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04733-01-5

 S. 2025 2

 1 (e) "Individual waiver" means a waiver made available to every claim-
 2 ant who has not been approved for a blanket waiver.
 3 (f) "Final determination date" means the date thirty days after appeal
 4 rights have been exhausted or abandoned.
 5 2. Waiver of certain repayments. The department shall review all UPB
 6 overpayments to determine eligibility for waivers at the time of the
 7 overpayment determination and shall review all previously issued UPB
 8 overpayment determinations retroactively to determine eligibility for
 9 waivers as described in paragraphs (a), (b) and (c) of this subdivision.
 10 The department must complete its review of previously determined over-
 11 payments for waiver eligibility within one hundred twenty days of the
 12 effective date of this section. Prior to denial of a blanket waiver, as
 13 described in paragraphs (a) and (b) of this subdivision, the department
 14 must assess all UPB overpayments to determine if claimants are eligible
 15 for state unemployment insurance. The department shall assess and
 16 approve any subsequent waivers not previously authorized which the
 17 federal government authorizes states to implement. There shall be a
 18 presumption that claimants are eligible for UPB waivers absent clear and
 19 convincing evidence to the contrary.
 20 (a) The department shall assess and approve blanket wai