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A09037 Summary:

BILL NOA09037A
 
SAME ASSAME AS S08165-A
 
SPONSORReyes
 
COSPNSRMitaynes, Niou, Mamdani, Jackson, Tapia, Anderson, Cruz, Simon, Hevesi, Gonzalez-Rojas, Burdick, Bichotte Hermelyn, Epstein, Gallagher, Septimo, Kelles, Glick, Gibbs, Forrest, Walker, Kim, Fernandez, Ramos, Weprin, Seawright, De Los Santos, Rosenthal L, Barnwell, Davila
 
MLTSPNSR
 
Add §591-b, Lab L; add §95-k, St Fin L
 
Establishes an excluded worker unemployment program and an excluded worker unemployment program fund to provide wage replacement to workers that do not qualify for unemployment insurance or other worker wage assistance programs and who have lost a major source of income due to lost work.
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A09037 Actions:

BILL NOA09037A
 
01/27/2022referred to labor
03/17/2022amend and recommit to labor
03/17/2022print number 9037a
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A09037 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9037A
 
SPONSOR: Reyes
  TITLE OF BILL: An act to amend the labor law, in relation to establishing the excluded worker unemployment program; to amend the state finance law, in relation to establishing the excluded worker unemployment program fund; and making an appropriation therefor   PURPOSE: Relates to the creation of an Excluded Workers Fund via a new section of Labor Law. This bill will support workers who are left out of tradi- tional worker services including unemployment.   SUMMARY OF PROVISIONS: Section 1: This Act shall be known as the "excluded worker unemployment program act" Section 2: Amends labor law by adding section 591-b S591-b: 1. Definitions. Provides all definitions. 2. Effective Date. Establishes the date of implementation under the Department of Labor as April 1, 2023. 3. Eligibility Requirements. Details the eligibility provisions, addi- tional application procedures, and privacy provisions of New York State residents for the Excluded Workers Fund; Such eligibility requirements include: a. Not having received any unemployment benefits within 12 months of application b. Receiving an error payment when you were ineligible for benefits c. Are covered employees defined as; i. Has provided service of employment as defined and is not eligible for benefits or ii. Has provided any service of employment as defined and domestic work- ers who are employed by a family or individual household or day laborers or workers employed to provide construction, landscaping, or groundsk- eeping or services and hired by a construction labor provider, private household, or home improvement contract provided that: (A) They were paid in cash, personal check, non-payroll check and; (B) Their wages were not reported to the tax commission (C) They did not receive a wage statement from the employer; and (D) They did not receive internal revenue service Form 1099-NEC iii. Is a bona fide self-employed worker ie; 1. Is contract-free; 2. Performs service outside of the course of business 3. Engaged in an independent trade 4. Street Vendors d. Faced loss of earnings leading to partial or total unemployment e. Worked at least 3/12 months and had earned at least 4,050 in gross earnings f. Experiences permissible reason for loss of earnings as defined g. Capable, ready, willing, and able to work h. A resident of New York State i. Provides suitable documentation as defined; j. Have earned no more than $56,393 in the prior taxable year (I) this amount shall be updated on the next January 1st after the effective date and set as the median annual employment earnings for a full-time worker in New York and updated each January 1 thereafter; (II) For the purposes of workers becoming eligible under this section and the amount in paragraph (J) shall be set as $45,114 in net earnings, or eighty percent of median annual employment earnings. k. No state or local public benefit program shall require an applicant or recipient to apply for excluded worker unemployment program as a condition of eligibility. 4. Residency can be established through items, which feature an appli- cant's name and current residential address in NYS. All documents submitted by an applicant must be certified, unexpired, in English or with an English language translation, and not mutilated or damaged. Applicants shall not be required to prove a lawful presence in the United States. 1. Valid Drivers License, Non-Drivers License Identification, Valid Learners Permit, Valid IDNYC, Agency issues document, pay stub, bills, court order, insurance, a letter from a facility, or any other documen- tation accepted by the commission. ii.Utilizes point system to establish identity: 1. Four Points a. NYS, Foreign or Federally issued photo ID (License, Passport, Work Permit, Identification Card, etc.) valid or within two years of expira- tion 2. Three Points a. Photo ID, School ID, NYS issued hospital card, NYS Corrections ID, Charitable Organization Photo ID, Labor Organization ID 3. Two Points a. NYC Care Membership Card, US Citizen/Immigration document, Foreign Drivers license within 2 years of expiration, Taxpayer Identification, Marriage/Divorce Papers, Foreign Identification documents, Social Secu- rity Statement Letter 4. One Point a. Valid Parks and Rec. Membership, US school diploma, Employee Iden- tification, Written employment offer, paystubs, Any document approved by Commissioner of Labor iii. Proof of Work History and completed Question- naire are required, through point system utilized for proof of work: 1. Four Points a. Wage statements, employee or client letter, complaint or report alleging employment, non-payroll checks 2. Three Points a. Federal Tax Returns for the year immediately prior, State Tax return, W-2 form 3. Two Points a. Financial Statements, Receipts, Employer ID badge, Written proof (correspondence via email or text) Employer Contact info, Record of commute. iv. Other Documentation. Additional documents or credibility interviews may be accepted by the Commissioner of Labor. The Commissioner of Labor may also establish procedures for credibility interviews when documents used to meet the four point eligibility criteria need additional verifi- cation or clarification. v. Fund Procedures. Details application procedures, including the required timeline for application review, closing, and notification. Includes requirements for acceptance, denials, and appeals, including a detailed explanation to be provided with denials. Establishes explicit payment amounts and timelines, as well as retroactive support options. This describes eligible funding to be provided for up to six months per calendar year. vi. Disbursement Procedures. Details the delivery and disbursement of benefits including: A. That persons eligible shall be given the option to receive funding via ATM card or direct deposit and outlines the limitations of with- drawal with an ATM card. vii. Anti-Retaliation. Sets out anti-retaliation provisions for those who apply for benefits or who ask for documentation to apply for bene- fits under this program. viii. Reporting. Details the reporting provisions, allowing applicants the option to report their previous employer for labor law violations. ix. Payment procedures. Details the allowance of payments and the amount of payments from the fund. Includes specific references limiting the amount of funds that shall be paid out. x. Excluded Worker Navigator Program. Details the excluded worker navi- gator program, including the roles of the navigator in aiding appli- cants. xi. Privacy. Provisions detailing disclosure restrictions, authorization requirements, and immigrant/undocumented protections. Section 3. Creation of new fund within State Finance Law adding a new section to 95-k. § 95-k. Establishes Fund. Deems "Excluded Worker Unemployment Program" a special fund independent of other funds, and outlines provisions of justification and utilization of funds. Section 4. Funding Appropriation. Discusses the allocation of 800 Million Dollars to the fund from the state treasury general fund and details the process for expenditure. Section 5. Severability Clause. Establishes invalidities found to be confined to the section in which it is located. Section 6. The act will take effect immediately.   JUSTIFICATION: In April 2020, the global pandemic resulted in a near shutdown of the nation's economy. This led millions of Americans out of a job, losing their main breadwinners to the pandemic, and needing emergency unemploy- ment benefits. The safety nets provided by the State and Federal govern- ment leaves many communities out of receiving unemployment and disabili- ty financial support. Namely, undocumented workers and some workers who work in the cash or underground economy are excluded from our unemploy- ment insurance system. To address this inequity the state passed an emergency $2.1 billion Excluded Workers Fund in the FY 2022 budget. An estimated 290,000 workers who were excluded from unemployment services were eligible for the emergency fund benefits. Still, this fund was exhausted quickly and does not fix the fact that some workers are still excluded from the overall unemployment system. The Excluded Worker unemployment Act rectifies this exclusion by creat- ing an unemployment insurance program, not only for the undocumented community, but also those who hold 'non-traditional' forms of employment including but are not limited to domestic workers, Landscaping and groundskeeping services, Day laborers, Construction Workers, and Street Vendors. The new fund establishes in-depth requirements and procedures making it possible for members of these communities to apply and receive benefits for their ongoing unemployment. Given the variety of circumstances these workers face, this legislation establishes fair and accessible methods of employment and identity verification through a point system. This allows for a safe and effective method of application for the most vari- able members of the community in which the Excluded Workers Fund aims to serve.   LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: FY 2023: 800 Million Dollars   EFFECTIVE DATE: This act shall take effect immediately, with the navigator fund estab- lished in 30 days for nonprofits to receive funds to help with screening and navigating the system and the fund shall open its application within 60 days of establishment. (1) Kallick, D. D. (n.d.). New York included undocumented immigrants in pandemic aid, and 290,000 workers will benefit: Other states should replicate the program. Economic Policy Institute. Retrieved January 21, 2022; from https://www.epi.org/blog/new-york-included- undocumentedimmigrants-in- pandemic-aid-and- 290000-workers-will-benefit-otherstates-should- repli- cate-the-program/
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A09037 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9037--A
 
                   IN ASSEMBLY
 
                                    January 27, 2022
                                       ___________
 
        Introduced  by  M. of A. REYES, MITAYNES, NIOU, MAMDANI, JACKSON, TAPIA,
          ANDERSON,    CRUZ,    SIMON,    HEVESI,    GONZALEZ-ROJAS,    BURDICK,
          BICHOTTE HERMELYN,  EPSTEIN, GALLAGHER, SEPTIMO, KELLES, GLICK, GIBBS,
          FORREST, WALKER, KIM, FERNANDEZ,  RAMOS,  WEPRIN,  SEAWRIGHT,  DE  LOS
          SANTOS,  L. ROSENTHAL,  BARNWELL  --  read  once  and  referred to the
          Committee on Labor --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT to amend the labor law, in relation to establishing the excluded
          worker unemployment program;  to  amend  the  state  finance  law,  in
          relation  to  establishing  the  excluded  worker unemployment program
          fund; and making an appropriation therefor
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This act shall be known and may be cited as the "excluded
     2  worker unemployment program act".
     3    § 2. The labor law is amended by adding a new section 591-b to read as
     4  follows:
     5    § 591-b. Excluded worker unemployment program. 1. Definitions. As used
     6  in this section, the following terms shall have the following meanings:
     7    (a) "Total unemployment" means a month in which the applicant  has  no
     8  employment  earnings  for at least three of the four full calendar weeks
     9  in that month.
    10    (b) "Partial unemployment" means a month in which earnings  are  sixty
    11  percent  less  than  an  applicant's average monthly earnings during the
    12  prior taxable year, or, if the applicant did not have  earnings  in  the
    13  prior  taxable  year,  the  average monthly earnings in the current year
    14  prior to the loss of work-related earnings.
    15    (c) "Non-payroll check" means a personal check, check  issued  from  a
    16  business's bank account, or other check that does not indicate the hours
    17  worked,  pay  rate,  deductions, or tax withholdings or otherwise comply
    18  with the requirements of section one hundred ninety-five of  this  chap-
    19  ter.
    20    (d) "Domestic worker" shall have the same meaning as defined in subdi-
    21  vision sixteen of section two of this chapter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14399-03-2

        A. 9037--A                          2
 
     1    (e)  "Landscaping  worker" means a person engaging in commercial land-
     2  scaping services primarily involving the care and maintenance of  yards,
     3  gardens,  or  other  outdoor  landscapes  for clients, including private
     4  households. Such services include, but are not limited  to,  lawn  care,
     5  gardening, and the pruning or removal of trees, shrubs, or plant waste.
     6    (f) "Day laborer" means an individual who provides labor or employment
     7  that  is occasional or irregular for which an individual is employed for
     8  not longer than the time period required to complete the assignment  for
     9  which  the  individual  is  hired  and  in  which wage payments are made
    10  directly to the day laborer or indirectly by the day labor service agen-
    11  cy or the third-party employer for work undertaken by a day laborer. Day
    12  labor does not include labor or employment of a professional or clerical
    13  nature.
    14    (g) "Street vendor" means a person who sells food or merchandise  from
    15  a  food truck, pushcart, stand, display, pedal-driven cart, wagon, show-
    16  case, rack, other nonmotorized conveyance, or from one's person, upon  a
    17  public street, sidewalk or other pedestrian path.
    18    (h)  "Construction  worker"  means  an  individual employed to provide
    19  construction labor or services.
    20    (i) "Construction" means constructing, reconstructing, altering, main-
    21  taining, moving, rehabilitating, repairing, renovating or demolition  of
    22  any  building,  structure, or improvement, or relating to the excavation
    23  of or other development or improvement to land.
    24    (j) "Construction labor provider"  means  a  person  who  employs  and
    25  supplies  a  covered construction worker to a third-party client for the
    26  performance of construction work or  manual  labor  for  a  construction
    27  project  of  such  client on a site in the city, in exchange for compen-
    28  sation from such third-party client, provided  that  the  completion  of
    29  such  project is directed by such client or such client's contractor and
    30  not such person. The term "construction labor provider" does  not  mean:
    31  (i)  an  employment agency or an employee fee paid employment agency, as
    32  defined in article eleven of the general business law; or (ii) a profes-
    33  sional employer organization, as defined in article thirty-one  of  this
    34  chapter;  or  (iii) a construction subcontractor that is responsible for
    35  and performs any of the following: (1) performing construction work on a
    36  project in accordance with a written contract for  a  defined  scope  of
    37  construction  work at a fixed price; (2) obtaining necessary licenses to
    38  perform construction services under the entity's name;  (3)  exclusively
    39  controlling  the  subcontractor's  workers,  including having hiring and
    40  firing authority and direction of methods and means of construction work
    41  performed on the construction project; (4) paying wages and fringe bene-
    42  fits to workers by the subcontractor and not any other person or entity,
    43  and maintaining required employment and payroll records by  the  subcon-
    44  tractor;  (5)  purchasing  the majority of materials, supplies and tools
    45  for construction work performed by the subcontractor on the project; and
    46  (6) maintaining workers' compensation and unemployment insurance  cover-
    47  age  for  periods  preceding,  during  and  succeeding  the  term of the
    48  construction project  for  the  type  and  scope  of  construction  work
    49  performed by the subcontractor on the project; or (iv) a website, mobile
    50  application, or other internet service.
    51    (k)  "Home improvement contractor" means any person, other than a bona
    52  fide employee of the owner, who  owns,  operates,  maintains,  conducts,
    53  controls  or transacts a home improvement business and who undertakes or
    54  offers to undertake or agrees to perform any home improvement or  solic-
    55  its  any  contract  therefor,  whether or not such person is licensed or

        A. 9037--A                          3
 
     1  subject to licensing requirements, and whether or not such person  is  a
     2  prime contractor or subcontractor with respect to the owner.
     3    (l)  "Home  improvement"  means the construction, repair, replacement,
     4  remodeling, alteration, conversion, rehabilitation, renovation,  modern-
     5  ization,  improvement,  or  addition  to  any  land or building, or that
     6  portion thereof which is used or designed to be used as a  residence  or
     7  dwelling place and shall include but not be limited to the construction,
     8  erection,  replacement,  or  improvement  of  driveways, swimming pools,
     9  terraces, patios, landscaping, fences, porches, garages,  fallout  shel-
    10  ters, basements, and other improvements to structures or upon land which
    11  is  adjacent  to a dwelling house. "Home improvement" shall not include:
    12  (i) the construction of a new  home  or  building  or  work  done  by  a
    13  contractor  in compliance with a guarantee of completion of a new build-
    14  ing project; (ii) the sale of goods or materials by a seller who neither
    15  arranges to perform nor performs directly  or  indirectly  any  work  or
    16  labor in connection with the installation of or application of the goods
    17  or  materials;  (iii)  residences owned by or controlled by the state or
    18  any municipal subdivision thereof; or (iv) painting or decorating  of  a
    19  building,  residence,  home or apartment, when not incidental or related
    20  to home improvement work as herein defined. Without regard to the extent
    21  of affixation, "home improvement" shall also include the installation of
    22  central heating or air conditioning  systems,  central  vacuum  cleaning
    23  systems, storm windows, awnings, and communication systems.
    24    (m)  "Contractor"  means  any person or salesperson, other than a bona
    25  fide employee of the owner, who  owns,  operates,  maintains,  conducts,
    26  controls  or transacts a home improvement business and who undertakes or
    27  offers to undertake or agrees to perform any home improvement or  solic-
    28  its  any  contract  therefor,  whether or not such person is licensed or
    29  subject to the licensing requirements of this section,  and  whether  or
    30  not  such  person is a prime contractor or subcontractor with respect to
    31  the owner.
    32    (n) "Excluded worker unemployment program navigator" means a  non-pro-
    33  fit  organization  that  is  certified  by  the department to help guide
    34  applicants to determine their eligibility for the excluded worker  unem-
    35  ployment program or unemployment insurance benefits.
    36    (o) "Program year" is the twelve month period beginning April first.
    37    2.  The  department  is  hereby  authorized, empowered and mandated to
    38  establish and operate an excluded worker unemployment program as author-
    39  ized pursuant to this section. Such  program  shall  be  established  by
    40  April first, two thousand twenty-three.
    41    3.  For  the purposes of this section, the term "excluded worker unem-
    42  ployment program" means a program under which assistance is available to
    43  applicants who reside in the state and:
    44    (a) have not received unemployment insurance benefits as described  in
    45  this  article,  including benefits payable to federal civilian employees
    46  and to ex-servicemen and servicewomen pursuant  to  Chapter  85  of  the
    47  United  States Code, benefits authorized to be used for the self-employ-
    48  ment assistance program pursuant to the Federal-State Extended Unemploy-
    49  ment Compensation Act of 1970 in the twelve-month period directly  prior
    50  to  their  application  for the excluded worker unemployment program; or
    51  any other benefits distributed to New Yorkers through the federal  unem-
    52  ployment account; or
    53    (b)  received  in  error payments from the sources in paragraph (a) of
    54  this subdivision and such payments were recovered or are recoverable  by
    55  the administering agency; and

        A. 9037--A                          4
 
     1    (c)  are  covered  employees  for  the purposes of the excluded worker
     2  unemployment program. For the purposes  of  this  subdivision,  "covered
     3  employees" mean persons who:
     4    (i)  have  performed  services  of employment pursuant to section five
     5  hundred eleven of this article and are  ineligible  for  benefits  under
     6  this  article  because  of  provisions  related  to  subdivision nine of
     7  section five hundred ninety of this article or because they  are  deemed
     8  unavailable to work due to a lack of work authorization; or
     9    (ii)  have  performed  any  of the following services of employment as
    10  defined by section five hundred eleven of this article:
    11    (1) domestic workers who are employed by a family or individual house-
    12  hold; or
    13    (2) day laborers; or
    14    (3)  workers  employed  to  provide  construction,   landscaping,   or
    15  groundskeeping  labor  or  services  and  hired  by a construction labor
    16  provider, a private household or home improvement  contractor,  provided
    17  that:
    18    (A)  they  were paid in cash or paid with a personal check or non-pay-
    19  roll check; and
    20    (B) their wages were not reported to the tax commission by an "employ-
    21  er," as defined under section five hundred twelve of this article and as
    22  required by paragraph four of   subsection (a) of  section  six  hundred
    23  seventy-four of the tax law; and
    24    (C) they did not receive a  wage  statement  from  such  "employer" as
    25  required under section one hundred ninety-five of this chapter; and
    26    (D) they did not receive an internal revenue service form 1099-nec for
    27  non-employment  services for compensation earned during the  most recent
    28  taxable  year from such employer, or performed services that are custom-
    29  arily recorded through a form 1099-nec; or
    30    (iii) is a bona fide self-employed worker, regardless  of  citizenship
    31  or  immigration  status.    For the purposes of this subparagraph, "bona
    32  fide self-employed worker" means:
    33    (1) the individual is free from control and  direction  in  performing
    34  the job, both under his or her contract and in fact, and
    35    (2)  the service is performed outside the usual course of business for
    36  which the service is performed, and
    37    (3) the individual is customarily engaged in an  independently  estab-
    38  lished trade, occupation, profession, or business that is similar to the
    39  labor or service at issue.
    40    For the purposes of this subparagraph, street vendors shall be consid-
    41  ered to be bona fide self-employed workers;
    42    (d)  suffered  a  loss of work-related earnings leading to a period of
    43  total or partial unemployment during the prior calendar month;
    44    (e) prior to suffering the loss of work-related earnings,  had  worked
    45  in  at least three of the previous twelve months and had earned at least
    46  four thousand fifty dollars in gross earnings; provided,  however,  that
    47  in the case of a worker described in subparagraph (iii) of paragraph (c)
    48  of this subdivision such earnings shall be calculated on a net basis;
    49    (f) whose reason for loss of work-related earnings would not have been
    50  disqualifying under section five hundred ninety-three of this article;
    51    (g)  who  are  capable  of  work or who are ready, willing and able to
    52  work, regardless of citizenship or immigration status,  in  their  usual
    53  employment  or  in  any  other  for  which they are reasonably fitted by
    54  training and experience;
    55    (h) whose principal place of residence is in New York state;

        A. 9037--A                          5
 
     1    (i) provide suitable documentation pursuant  to  subdivision  four  of
     2  this section;
     3    (j)  have  earned no more than  fifty-six thousand three hundred nine-
     4  ty-three dollars in the prior taxable year; provided, however, that:
     5    (i) this amount shall be updated on the next January first  after  the
     6  effective  date  of this section and set as the median annual employment
     7  earnings for a full-time worker living in the state as calculated by the
     8  United States census bureau, and updated on each January first thereaft-
     9  er;
    10    (ii) for the purposes of workers becoming eligible under  subparagraph
    11  (iii)  of  paragraph (c) of this subdivision, the amount shall be set as
    12  forty-five thousand one hundred fourteen dollars in net earnings; and
    13    (k) no state or local public benefit program shall require  an  appli-
    14  cant  or recipient to apply for the excluded worker unemployment program
    15  as a condition of eligibility.
    16    4. All documents submitted by an applicant to establish  identity  and
    17  residency  shall be: (i) certified by the issuing agency; (ii) unexpired
    18  unless specifically noted;  (iii)  in  English,  or  accompanied  by  an
    19  English  language translation; and (iv) not mutilated or damaged. Appli-
    20  cants shall not be required to prove that they are lawfully  present  in
    21  the  United  States.  Applicants shall certify, in a form and manner the
    22  commissioner of labor shall prescribe. For the purposes of paragraph (i)
    23  of subdivision three of this section, "suitable documentation" means the
    24  following:
    25    (a) For the purposes of establishing residency, an applicant shall  be
    26  required  to  produce  one or more of the following items, each of which
    27  shall show the applicant's name and current residential address  located
    28  within New York state:
    29    (i)  a  non-expired  New  York  state  driver's  license issued by the
    30  department of motor vehicles;
    31    (ii) a non-expired  New  York  state  non-driver  identification  card
    32  issued by the department of motor vehicles;
    33    (iii)  a  non-expired  New  York  state learner's permit issued by the
    34  department of motor vehicles;
    35    (iv) a non-expired IDNYC identification card;
    36    (v) a state or federal tax filing or return, with a  filing  date  not
    37  more  than  twelve  months prior to the date of application for benefits
    38  under this program;
    39    (vi) a document issued by an agency, authority, board or commission of
    40  New York state, a government agency or authority of a political subdivi-
    41  sion within New York state, including a school district, or an agency of
    42  the federal government, with a date of not more than twelve months prior
    43  to the date of application for benefits under this program;
    44    (vii) a social  security  statement  letter  or  benefit  verification
    45  letter,  with a date of not more than twelve months prior to the date of
    46  application for benefits under this program; or
    47    (viii) any of the following documents, containing  the  name  and  New
    48  York  state  address of the applicant, provided that the date is no more
    49  than twelve months before the date of  application  for  benefits  under
    50  this program:
    51    (1) a utility bill, including a bill from a mobile service provider;
    52    (2) a bank or credit card statement;
    53    (3) a letter addressed to the applicant from the New York city housing
    54  authority;
    55    (4)  a letter addressed to the applicant from a homeless shelter indi-
    56  cating that the applicant currently resides at the homeless shelter;

        A. 9037--A                          6
 
     1    (5) a current lease or sublease, mortgage  payment,  or  property  tax
     2  statement;
     3    (6) a pay stub;
     4    (7) an employment offer letter or notice of pay that documents employ-
     5  er provided housing located in the state, including seasonal housing;
     6    (8)  a  statement, bill, or record from a health institution or insur-
     7  ance  company  (including  health  insurance,   homeowner's   insurance,
     8  renter's insurance, life insurance, or automobile insurance);
     9    (9)  a  jury  summons,  court  order,  or other document from a state,
    10  federal, or local court or administrative  law  forum  within  New  York
    11  state;
    12    (10)  a letter from a domestic violence residential care program, or a
    13  government agency, non-profit  organization,  or  religious  institution
    14  that provides services to domestic violence survivors;
    15    (11)  a  letter addressed to the applicant from a non-profit organiza-
    16  tion or religious institution that provides services to  homeless  indi-
    17  viduals;
    18    (12)  a  letter attesting to the residency of an applicant issued by a
    19  charitable organization registered with the charities bureau of the  New
    20  York  state office of the attorney general and that provided services to
    21  the applicant in the ordinary course  of  business  of  such  charitable
    22  organization;
    23    (13) a letter attesting the residency of an applicant signed and nota-
    24  rized by a co-habitant of the same residence; or
    25    (14) any other document the commissioner deems acceptable.
    26    (b)  For  the purposes of establishing identity, an applicant shall be
    27  required to produce one or more of the following items to  establish  at
    28  least four points of proof of identity:
    29    (i) For four points:
    30    (1)  a  New York state driver's license or learner's permit, issued by
    31  the department of motor vehicles, which may be expired by not more  than
    32  two years;
    33    (2)  a  New  York  state  non-driver identification card issued by the
    34  department of motor vehicles, which may be expired by not more than  two
    35  years;
    36    (3)  a  United States or foreign passport, which may be expired by not
    37  more than two years;
    38    (4) a United States military ID card issued to  active,  reserve,  and
    39  retired  military  personnel only, which may be expired by not more than
    40  two years;
    41    (5) a United States employment authorization with photo, which may  be
    42  expired by not more than two years;
    43    (6)  an  inpatient  photo  identification  card issued by the New York
    44  state office of mental health;
    45    (7) a federal document with photo, issued by the United  States  Citi-
    46  zenship and Immigration Services, including but not limited to Form I-94
    47  or I-766 (United States employment authorization document), which may be
    48  expired by not more than two years; or
    49    (8)  a  photo  identification  card,  issued  by an agency, authority,
    50  board, or commission of New York state, a government agency or authority
    51  of a political subdivision within New York  state,  including  a  school
    52  district,  or  an agency of the federal government, which may be expired
    53  by not more than two years; provided, however, that identification cards
    54  that are marked "not for identification purposes"  or  similar  language
    55  shall not be considered for four points.
    56    (ii) For three points:

        A. 9037--A                          7
 
     1    (1)  a  photo  identification  card,  issued  by an agency, authority,
     2  board, or commission of New York state, a government agency or authority
     3  of a political subdivision within New York  state,  including  a  school
     4  district,  or  an  agency of the federal government, that is marked "not
     5  for  identification  purposes"  or  similar  language  and  which may be
     6  expired by not more than two years;
     7    (2) a photo identification card issued by an educational  institution,
     8  including  a  university,  college, or post-secondary school, subject to
     9  the regulation of the state education department or board of regents;
    10    (3) a New York city health and hospitals  patient  card  issued  by  a
    11  hospital and medical clinic;
    12    (4)  an identification card issued by the New York state department of
    13  corrections and community supervision  or  by  any  local  or  municipal
    14  department of corrections located within New York state;
    15    (5)  a  photo  identification card issued by a charitable organization
    16  registered with the charities bureau of the New York state office of the
    17  attorney general relating to eligibility for services  or  participation
    18  in the programs administered by the charitable organization in the ordi-
    19  nary course of such charitable organization; or
    20    (6) a photo identification card issued by a labor organization.
    21    (iii) For two points:
    22    (1) an NYC Care membership card;
    23    (2)  a  federal  document  issued by the United States Citizenship and
    24  Immigration Services, including Form I-797, I-797A, or I-797D, that does
    25  not include a photo;
    26    (3) a foreign driver's license with a photo, which may be  expired  by
    27  not more than two years;
    28    (4)  a  foreign issued identification card, including, but not limited
    29  to, a consular identification card or  any  other  photo  identification
    30  card issued by another country to its citizens;
    31    (5)  a United States individual taxpayer identification number assign-
    32  ment letter;
    33    (6) a marriage certificate;
    34    (7) a divorce decree;
    35    (8) a birth certificate issued by a foreign country;
    36    (9) a Direct Express Debit Mastercard provided by  the  United  States
    37  treasury; or
    38    (10)  a  social  security  statement  letter  or  benefit verification
    39  letter.
    40    (iv) For one point:
    41    (1) a non-expired New York city department  of  parks  and  recreation
    42  membership card;
    43    (2) a diploma or transcript from a high school, college, or university
    44  in the United States;
    45    (3)  a photo identification card issued by an employer or entity asso-
    46  ciated with an employer, including photo identification  cards  required
    47  to access secure facilities and buildings; or
    48    (4)  a  written employment offer, pay stubs, or notice of pay document
    49  provided to the applicant by an employer.
    50    (v) The commissioner may accept any other  document  the  commissioner
    51  deems  relevant  and adequate to establish the identity of the applicant
    52  and may assign a reasonable point value for such document.
    53    (c) Each applicant shall be required to complete and  submit  a  ques-
    54  tionnaire attesting that in the twelve months directly prior to the date
    55  of  application  for benefits under this program the applicant worked in
    56  at least three calendar months, earned  at  least  four  thousand  fifty

        A. 9037--A                          8
 
     1  dollars  in  gross  wages or four thousand fifty dollars in net self-em-
     2  ployment earnings, and lost their job through no fault of their own. The
     3  applicant shall  additionally  submit  the  following  documentation  to
     4  establish four points or more of proof of work history:
     5    (i) For four points:
     6    (1)  wage  statements, as set forth in section one hundred ninety-five
     7  of this chapter, or, where the employer has failed to provide the appli-
     8  cant with accurate wage statements meeting the requirements  of  section
     9  one  hundred ninety-five of this chapter, non-payroll checks paid by the
    10  employer or employer's agent to the applicant or other  records  showing
    11  payments from an app-based employer to the applicant. Such statements or
    12  other  records shall demonstrate at least four thousand fifty dollars in
    13  gross wages or earnings, and payment of wages in at least three calendar
    14  months within the twelve-month period directly  prior  to  the  date  of
    15  application for benefits under this program;
    16    (2)  a  letter from an employer, or a client of the applicant or their
    17  employer, attesting that the applicant earned  at  least  four  thousand
    18  fifty  dollars  in  gross wages or earnings and worked in at least three
    19  months in the twelve months directly prior to when the applicant becomes
    20  unemployed or partially unemployed. Such letter shall include:
    21    (A) the employer's mailing address and the address of the site, within
    22  New York state, at which the applicant was employed;
    23    (B) the employer's  New  York  state  unemployment  insurance  account
    24  number or federal employment identification number; or
    25    (C)  contact  information,  including  a phone number, for a represen-
    26  tative of such employer who can verify the contents of the letter;
    27    (3) a letter attesting to the applicant's employment history issued by
    28  a charitable organization registered with the charities  bureau  of  the
    29  New York state office of the attorney general or other entity designated
    30  by  the  commissioner  and  based on direct knowledge that the applicant
    31  earned at least four thousand fifty dollars in gross wages  or  earnings
    32  and  worked  in  at  least  three  calendar  months in the twelve months
    33  directly prior to when the  applicant  became  unemployed  or  partially
    34  unemployed,  acquired in the course of conducting intake, interviews, or
    35  other standard processes related to the provision of job-related  direct
    36  services to the applicant; or
    37    (4)  a  complaint,  charge, or equivalent document filed with a local,
    38  state, or federal agency or court,  and  acknowledged  by  such  entity,
    39  alleging  that  the applicant worked in New York state in at least three
    40  calendar months and earned at least four thousand fifty dollars in gross
    41  wages or earnings in the twelve-month period directly prior to the  date
    42  the applicant certifies that he or she became eligible for benefits.
    43    (ii) For three points:
    44    (1)  a  federal  tax  return for the tax year immediately prior to the
    45  year in which the applicant became unemployed or  partially  unemployed,
    46  with  proof  of  filing with the internal revenue service using a social
    47  security number or valid United States individual  taxpayer  identifica-
    48  tion number;
    49    (2)  a state tax return for the tax year immediately prior to the year
    50  in which the applicant became unemployed or partially unemployed,  filed
    51  with  the  department  of  taxation  and finance using a social security
    52  number or valid United States individual taxpayer identification number;
    53  or
    54    (3) a form W-2 or 1099 form demonstrating four thousand fifty  dollars
    55  or more in gross wages or earnings for the tax year immediately prior to

        A. 9037--A                          9
 
     1  the  year  in  which  the applicant became unemployed or partially unem-
     2  ployed.
     3    (iii) For two points:
     4    (1)  evidence,  such  as statements issued by a financial institution,
     5  showing regular direct deposits made by the employer to  the  applicant,
     6  or  regular deposits of cash earnings or checks made by the applicant to
     7  the applicant's bank account, or transfers from an  entity  or  from  an
     8  unrelated  individual  (in each case that is not determined to not be an
     9  employer) to the applicant;
    10    (2) receipts from a check cashing establishment  or  transaction  logs
    11  from  a  payment app, of regular direct deposits, deposits, or transfers
    12  from an entity or from an unrelated individual (in each case that is not
    13  determined to not be an employer) to the applicant;
    14    (3) an employer issued identification badge;
    15    (4) emails, text messages, social media posts or  messages,  or  other
    16  written communications relating to delivery order sheets, work invoices,
    17  point  of  sale  receipts,  work  schedules, sign-in sheets, timesheets,
    18  directions or instructions from  employers  or  other  written  communi-
    19  cations  between an applicant and an employer or hiring party establish-
    20  ing the existence of a work relationship;
    21    (5) documents or materials issued  by  an  employer  to  an  employee,
    22  including  any  materials containing the employer's mailing address, the
    23  employer's New York  state  unemployment  insurance  account  number  or
    24  federal  employment  identification  number,  and  contact  information,
    25  including a phone number, from a representative of such employer; or
    26    (6) receipts or records showing a consecutive pattern of commuting  to
    27  and  from  a  work  location, such as toll records, parking receipts, or
    28  public transportation records.
    29    (iv) The commissioner may, by regulation, establish alternative  docu-
    30  ments that sufficiently demonstrate an applicant's qualification for the
    31  program,  provided  that  such additional documents shall clearly demon-
    32  strate that the applicant was employed in at least three calendar months
    33  and earned at least four thousand  fifty  dollars  in  the  twelve-month
    34  period  prior  to the date the applicant certifies that he or she became
    35  eligible for benefits pursuant to this section.
    36    (v) Where an applicant has not received  sufficient  documentation  of
    37  their  work  hours,  wages, or other employment records in order to meet
    38  the four points required pursuant to this  paragraph,  the  commissioner
    39  shall  conduct  a  credibility interview to determine whether the appli-
    40  cant's questionnaire and/or documentation  submitted  reasonably  demon-
    41  strates that they meet the work-related eligibility requirements of this
    42  program.    The  commissioner  may  establish procedures for credibility
    43  interviews in cases when documents used to meet the four point eligibil-
    44  ity need additional verification or clarification.
    45    5. The department shall establish application procedures  which  shall
    46  include, but not be limited to:
    47    (a)  creating  a  user-friendly,  and  language-accessible website for
    48  application to the program. The department shall provide translation  of
    49  the  website and application forms on the website in the ten most common
    50  non-English languages spoken by individuals with limited-English  profi-
    51  ciency in the state of New York;
    52    (b) establishing, in collaboration with the director of the budget, an
    53  excluded  worker  unemployment  program  navigator  grant for non-profit
    54  agencies to help screen potential applicants on whether they are  eligi-
    55  ble  for  the  program  and  to  assist  applicants  in applying for the

        A. 9037--A                         10
 
     1  program.  Such navigator grant shall be established  by  January  first,
     2  two thousand twenty-three;
     3    (c) requiring that all applications for the program shall be processed
     4  within four weeks of the receipt of a completed application. The depart-
     5  ment  shall  provide a response to each applicant on whether such appli-
     6  cant is eligible for the  program,  unless  the  local  jurisdiction  is
     7  facing extenuating circumstances;
     8    (d)  providing  notice  to  the public at least fourteen days prior to
     9  closing the application process period to applicants;
    10    (e) processes for reviewing  applications  that  have  been  rejected,
    11  either in whole or in part. Reviews shall be conducted in a manner spec-
    12  ified by the commissioner. Such processes shall require the commissioner
    13  to provide a detailed explanation of the reason for denial to any appli-
    14  cant whose application has been denied;
    15    (f)  providing all notices to the applicant in the applicant's primary
    16  language, as indicated in their initial application;
    17    (g) issuing a written notice of determination to the applicant  within
    18  five calendar days of reaching a determination of the applicant's eligi-
    19  bility for benefits under this program; and
    20    (h)  establishing procedures for denials and appeals which, at a mini-
    21  mum, provide that:
    22    (i) when an application is denied, the department shall include in the
    23  notice of determination a specific explanation as to the reason for  the
    24  denial  and detailed instructions as to what documentation or documented
    25  justification is needed to reverse the determination;
    26    (ii) the department may create an appeal form in the ten  most  common
    27  non-English  languages spoken by individuals with limited-English profi-
    28  ciency in the state of New York. Such form shall be  included  with  the
    29  notice  of  determination  and  shall  be  in  the  applicant's  primary
    30  language, as indicated in their initial application;
    31    (iii) an applicant may file an appeal within sixty days after  receipt
    32  of  the  notice  of  determination required pursuant to paragraph (g) of
    33  this subdivision;
    34    (iv) an applicant may submit the appeals form provided by the  depart-
    35  ment  pursuant to this paragraph, in addition to any additional informa-
    36  tion or documentation required to support the  applicant's  position  in
    37  filing their appeal;
    38    (v) the department shall notify the applicant in writing of the deter-
    39  mination on the appeal or of the need for additional information and the
    40  date  by which the information must be provided. Such notification shall
    41  be provided to the applicant  within  thirty  days  from  the  date  the
    42  department  receives  the appeal and shall provide the applicant with at
    43  least twenty-one days' notice to provide additional information  to  the
    44  department; and
    45    (vi) the department shall notify the applicant in writing of its final
    46  determination  on the appeal within thirty days following the receipt of
    47  any additional information or following expiration  of  the  period  for
    48  providing such information.
    49    6.  (a)  Persons eligible to receive funding shall be given the option
    50  to receive such funds via prepaid ATM card or direct deposit into a bank
    51  account of their designation.
    52    (b) If an applicant elects to receive funds via prepaid ATM card, such
    53  card:
    54    (i) shall be sent to the address the applicant provided to the depart-
    55  ment. If the applicant receives funding for more than  one  month,  such
    56  funds shall be sent to the same debit card;

        A. 9037--A                         11
 
     1    (ii)  shall  be limited to two pin-based withdrawals per month. Retail
     2  transactions, online transactions, and teller desk withdrawals shall  be
     3  unlimited.  There  shall  be  no  limit for cash withdrawals made at the
     4  teller desk on such cards.
     5    (iii)  the department, in conjunction with the department of financial
     6  services, shall issue guidance to banks regarding acceptable identifica-
     7  tion documents to be accepted for withdrawals. Such documentation  shall
     8  mirror  the documentation to prove eligibility under this program to the
     9  maximum extent possible.
    10    (c) If an applicant chooses to receive funding via direct deposit:
    11    (i) the applicant shall submit bank information while filling out  the
    12  application  or  by  submitting  a  bank account pursuant to regulations
    13  promulgated by the department.
    14    (ii) the department shall conduct a review to ensure that  the  neces-
    15  sary  anti-fraud provisions for bank account direct deposits exist.  The
    16  department shall have the right to restrict direct deposit  payments  if
    17  such payments violate requisite anti-fraud provisions.
    18    (d)  The disbursement of funds shall be accompanied by a document from
    19  the department or the department of taxation and finance, that  explains
    20  that  such  funds count as income or wage replacement and are subject to
    21  the payment of taxes. Such form shall also include  information  related
    22  to the state tax rate.
    23    (e)  (i) The department, in coordination with the administrator of the
    24  fund, shall promulgate rules and  regulations  necessary  to  create  an
    25  efficient and effective dispute process for charges a recipient of funds
    26  under  this  program  claims  to  be  fraudulent. Such regulations shall
    27  require a provision that a bank disbursing funds via ATM cards shall  be
    28  obligated to notify the recipient, by telephone call or email, when: (1)
    29  a  fraudulent charges claim has been received; (2) when more information
    30  is needed; (3) when there is any status update; and (4)  when  the  case
    31  has been resolved and what the determination is.
    32    (ii)  To  the  extent  practicable  under state and federal law, as it
    33  relates to claims of fraud by a recipient of funds under  this  program,
    34  banks  shall  accept a signed and notarized attestation from a community
    35  based organization confirming such fraud in lieu of police reports.  The
    36  department shall promptly  communicate  all  information  regarding  the
    37  disbursement of funds and any applicable fraud warnings to an applicant,
    38  in  such applicant's preferred language as chosen in the original appli-
    39  cation.
    40    7. Any person who applies for  benefits  under  this  chapter  or  who
    41  requests  documentation  or evidence to support an application for bene-
    42  fits under this chapter shall not be subject  to  retaliation,  as  that
    43  term  is used in paragraph (a) of subdivision one of section two hundred
    44  fifteen of this chapter, for engaging in any of  these  activities.  For
    45  the purposes of this subdivision, retaliation shall include deliberately
    46  misinforming  a person or dissuading a person from applying for benefits
    47  under this article.  Violations of this subdivision shall be  deemed  to
    48  be violations of paragraph (a) of subdivision one of section two hundred
    49  fifteen  of  this  chapter and the civil penalties and remedies of para-
    50  graph (b) of subdivision one and paragraphs (a) and (b)  of  subdivision
    51  two  of  section two hundred fifteen of this chapter shall be applicable
    52  to this subdivision.
    53    8. At the time of their application, each applicant shall be given the
    54  option to report their employer or previous employer to  the  department
    55  in  order  to  initiate a labor dispute regarding wage theft, misclassi-
    56  fication, retaliation, or other violations of  the  labor  law.  At  the

        A. 9037--A                         12
 
     1  close  of  each calendar year, the department shall provide the applica-
     2  tion documents, with any identifying information  of  individual  appli-
     3  cants redacted, but including the names of any employer of an applicant,
     4  to  a  liaison of the department's division responsible for the enforce-
     5  ment of the New York state construction industry fair play act  pursuant
     6  to article twenty-five-B of this chapter if:
     7    (a)  the  employer,  at  the  close  of  the year, employs ten or more
     8  employees; or
     9    (b) employees  of  the  employer  performed  construction  work  of  a
    10  construction  site  in  New  York  city which was required by code to be
    11  overseen by a certified site safety manager; and
    12    (c) the applicant is  a  covered  employee  for  the  purpose  of  the
    13  excluded  worker  unemployment  program, defined for these purposes as a
    14  person:
    15    (i) who was paid in cash or paid with a personal check or  non-payroll
    16  check; and
    17    (ii)  whose  wages  were  not  reported  to  the  tax commission by an
    18  "employer," as defined under section five hundred twelve of this article
    19  and as required by paragraph four  of  subsection  (a)  of  section  six
    20  hundred seventy-four of the tax law; and
    21    (iii)  who  did  not  receive  a  wage statement from that employer as
    22  required under section one hundred ninety-five of this chapter; or
    23    (iv) who received an internal revenue service Form  1099-NEC  and  who
    24  performed  construction  work  which would be considered non-exempt work
    25  under the New York state construction industry fair play act.
    26    (d) The department shall investigate potential violations of  the  New
    27  York  state construction industry fair play act and as applicable assess
    28  civil penalties and prosecute violating employers. In order  to  protect
    29  worker  confidentiality,  the  department  shall conduct broad audits of
    30  multiple employers, to the extent possible.   The redacted  applications
    31  provided  under  this  section shall not be a public record and shall be
    32  subject to the limitations on disclosure, redisclosure, release, dissem-
    33  ination, or other publication in subdivision eleven of this section.
    34    9. All excluded worker unemployment program payments made pursuant  to
    35  this section shall be subject to the appropriation of funds therefor.
    36    (a) Eligible applicants shall be eligible to receive up to six monthly
    37  excluded  worker  unemployment  program  payments per program year. Such
    38  payments shall be made to eligible applicants who certify that they  are
    39  totally  or  partially  unemployed  in the prior month and that they are
    40  available for work, as required pursuant to subdivision  three  of  this
    41  section.  If all monies in the excluded worker unemployment program fund
    42  are exhausted prior to the end of an eligible applicant's six months  of
    43  eligibility,  the  state shall be responsible for replenishing the funds
    44  needed to provide workers the funds  they  are  owed  pursuant  to  this
    45  section.
    46    (b)  The  allowance  payable  to  eligible  applicants shall be in the
    47  amount of: (i) for the year two thousand twenty-two,  one  thousand  two
    48  hundred  dollars per month; (ii) for January first, two thousand twenty-
    49  three and thereafter, the benefit payment shall increase from one  thou-
    50  sand  two  hundred  dollars  per  month  at  a  rate equal to the annual
    51  percentage change in the state's average weekly wage  as  determined  by
    52  quarter four data from the previous year's United States Bureau of Labor
    53  Statistics.
    54    (c)  Eligible  applicants  may receive initial and subsequent payments
    55  retroactively to their first month of  partial  or  total  unemployment;
    56  provided,  however,  that  no  more  than  three  months  of retroactive

        A. 9037--A                         13
 
     1  payments may be made at one time. Subsequent payments shall  be  contin-
     2  gent upon the availability of funds.
     3    (d) For the purposes of this subdivision, "subsequent payment" means a
     4  payment which is made after the first month an applicant is eligible for
     5  a payment from the excluded worker unemployment program.
     6    (e)  No  more than twenty-five percent of the total funds appropriated
     7  shall be paid to workers eligible  pursuant  to  subparagraph  (iii)  of
     8  paragraph (c) of subdivision three of this section.
     9    (f)  Twenty-five  percent  of  the  total  funds  appropriated for the
    10  program shall  be  reserved  for  individuals  receiving  their  initial
    11  payments made after October first of the program year.
    12    (g)  (i)  Individuals that have received an initial payment during the
    13  prior program year can continue to  apply  for  and  receive  subsequent
    14  payments in the following year, subject to the availability of funds.
    15    (ii) Individuals that apply for benefits in the prior program year but
    16  were  not eligible because all funds were appropriated when they applied
    17  can receive up to six payments retroactive to their initial  application
    18  in the following year.
    19    (iii) No more than twenty-five percent of the total funds appropriated
    20  shall be paid to workers eligible pursuant to this paragraph.
    21    10.  (a)  Excluded worker unemployment program navigators shall assist
    22  applicants  applying  for  excluded  worker  unemployment  benefits   as
    23  follows:
    24    (i)  The navigator shall assist the potential applicant in the gather-
    25  ing of required documentation of residency, identity and work history to
    26  satisfy the requirements of subdivision four of this section;
    27    (ii) Target underserved populations, as identified by the  department,
    28  to  expand  opportunities  for employment through reemployment services,
    29  education or training opportunities, apprenticeships  and  other  models
    30  that result in skill development and family-supporting careers;
    31    (iii)  Assist  individuals  with  procuring food, housing, and meeting
    32  other basic needs in order to help them persist in education and work;
    33    (iv) Conduct outreach and provide individual assistance and  education
    34  to  individuals  applying  for and making ongoing claims pursuant to the
    35  excluded no more program and unemployment compensation benefits, includ-
    36  ing partial unemployment  benefits  and  assistance  for  dislocated  or
    37  marginalized workers and qualified entities. To be eligible to be certi-
    38  fied  by the department as an excluded worker unemployment program navi-
    39  gator, an entity must:
    40    (A) demonstrate existing peer relationships with the target population
    41  of the excluded worker unemployment program  immigrants,  cash  earners,
    42  persons  with limited English proficiency, racial and ethnic minorities,
    43  persons with low literacy, persons with disabilities and others  seeking
    44  to gain employment; and
    45    (B) demonstrate the capability to carry out the duties of this section
    46  including  knowledge  of  eligibility  requirements  and the application
    47  process for the excluded no more program;
    48    (v) Comply with  existing  confidentiality  standards  to  ensure  the
    49  privacy  of all information collected from individuals receiving naviga-
    50  tor services; and
    51    (vi) Provide services under this section without charge to  the  indi-
    52  viduals receiving those services.
    53    (b)  The  department  shall  establish  standards  for the awarding of
    54  contracts to qualified entities in accordance with this subdivision.
    55    (c) (i) To support the maintenance of relationships between  qualified
    56  entities and target populations as identified in paragraph (a) of subdi-

        A. 9037--A                         14
 
     1  vision  three  of  this section and to ensure a high quality of service,
     2  the department  shall award contracts to qualified entities for a  dura-
     3  tion  of  three years as long as the qualified entities satisfy perform-
     4  ance standards set forth in the contracts.
     5    (ii)  The  department  shall  give priority for navigator contracts to
     6  qualified entities that are a recognized source of support  or  advocacy
     7  for excluded workers, especially those as described in this subdivision,
     8  including  but  not  limited  to  immigrants, cash earners, persons with
     9  limited English proficiency, racial and ethnic minorities, persons  with
    10  low  literacy,  persons  with  disabilities  and  others seeking to gain
    11  employment.   Navigator services provided  by  qualified  entities  that
    12  receive  navigator  contracts  shall be coordinated with and supplement,
    13  not supplant, services provided by the department.
    14    (iii) The department shall ensure that selected qualified entities  do
    15  not  perform  functions  that  must  be  performed  by department staff,
    16  including following up on matters of individual eligibility and  resolv-
    17  ing such matters.
    18    (d)  All  navigator  services provided under this subdivision shall be
    19  performed in a manner that is culturally and linguistically  appropriate
    20  to the population served, immigrants, cash earners, persons with limited
    21  English  proficiency,  racial  and  ethnic  minorities, persons with low
    22  literacy, persons with disabilities and others seeking to  gain  employ-
    23  ment,  while  recognizing  the  varying  levels  of digital literacy and
    24  access to technology among individuals in need of services.
    25    11. (a) (i) Except where necessary  to  comply  with  a  lawful  court
    26  order,  judicial warrant signed by a judge appointed pursuant to Article
    27  III of the United States Constitution, subpoena for  individual  records
    28  issued  pursuant to the criminal procedure law or the civil practice law
    29  and rules, or in accordance with this  section,  no  record  or  portion
    30  thereof  relating to an applicant or worker who has filed an application
    31  for benefits pursuant to this section shall be a public  record  and  no
    32  such  record  shall be disclosed, redisclosed, released, disseminated or
    33  otherwise published or made available.
    34    (ii) For purposes of this subdivision:
    35    (1) "record" means an application, a claim file, a  file  regarding  a
    36  complaint  or  circumstances  for  which  no  application has been made,
    37  and/or any records maintained by the department in electronic  databases
    38  in  which individual applicants, recipients or workers are identifiable,
    39  or any other information relating to any person who  has  heretofore  or
    40  hereafter  filed  an  application for benefits pursuant to this section,
    41  including a copy or oral description of a record which is or was in  the
    42  possession  or custody of the department, its officers, members, employ-
    43  ees or agents.
    44    (2) "person" means any natural person, corporation, association, part-
    45  nership, or other public or private entity.
    46    (3) "individually identifiable information" means any data  concerning
    47  any  application,  benefit  or  potential application or benefit that is
    48  linked to an identifiable worker or other natural person, including  but
    49  not limited to a photo image, social security number, tax identification
    50  number,  telephone  number,  place of birth, country of origin, place of
    51  employment,  school  or  educational  institution  attended,  source  of
    52  income,  status  as a recipient of public benefits, customer identifica-
    53  tion number associated with a public utilities account,  or  medical  or
    54  disability information.
    55    (b)  Records  which contain individually identifiable information may,
    56  unless otherwise prohibited by law, be disclosed to:

        A. 9037--A                         15
 
     1    (i) officers, members and employees of the department if such  disclo-
     2  sure  is  necessary to the performance of their official duties pursuant
     3  to a purpose of the department required to be accomplished by statute or
     4  executive order or otherwise necessary to act upon  an  application  for
     5  benefits  submitted  by  the person who is the subject of the particular
     6  record;
     7    (ii) officers or employees of another governmental unit, or  agent  or
     8  contractors  of another governmental unit at the request or direction of
     9  such governmental unit, if the information sought  to  be  disclosed  is
    10  necessary  to  act  upon  an  application  for benefits submitted by the
    11  person who is the subject of the particular record;
    12    (iii) a judicial or administrative officer or employee  in  connection
    13  with  an administrative or judicial proceeding if the information sought
    14  to be disclosed is necessary to act upon  an  application  for  benefits
    15  submitted by the person who is the subject of the particular record; and
    16    (iv) a person engaged in bona fide statistical research, including but
    17  not  limited  to actuarial studies and health and safety investigations,
    18  which are authorized by statute or regulation of the department or other
    19  governmental agency. Individually identifiable information shall not  be
    20  disclosed  unless  the  researcher  has entered into an agreement not to
    21  disclose  any  individually  identifiable  information  which   contains
    22  restrictions no less restrictive than the restrictions set forth in this
    23  section and which includes an agreement that any research findings shall
    24  not disclose individually identifiable information.
    25    (c)  Notwithstanding the restrictions on disclosure set forth in para-
    26  graphs (a) and (b) of this subdivision, an applicant may  authorize  the
    27  release,  re-release  or  publication of his or her record to a specific
    28  person not otherwise authorized to receive such  record,  by  submitting
    29  written  authorization  for  such  release  to  the department on a form
    30  prescribed by the commissioner or by a notarized original  authorization
    31  specifically directing the department to release the applicant's records
    32  to  such person; provided, however, that no such authorization directing
    33  disclosure of records to a prospective  employer  shall  be  valid,  nor
    34  shall  an  authorization  permitting disclosure of records in connection
    35  with assessing fitness or capability for employment  be  valid,  and  no
    36  disclosure of records shall be made pursuant thereto. It shall be unlaw-
    37  ful  for any person to consider for the purpose of assessing eligibility
    38  for benefits, or as the basis for an employment-related action, an indi-
    39  vidual's failure to provide authorization under this paragraph.
    40    (d) For the purposes of this section, whenever disclosure  of  records
    41  is sought pursuant to a lawful court order, judicial warrant signed by a
    42  judge  pursuant  to  Article  III  of the United States Constitution, or
    43  subpoena for individual records properly issued pursuant to the criminal
    44  procedure law or the civil practice law and rules or  pursuant  to  this
    45  subdivision,  such specifically sought records may be disclosed, and any
    46  such disclosure shall be limited only to such records as  are  necessary
    47  to fulfill the purpose of such disclosure.
    48    (e)  The commissioner shall require any person or entity that receives
    49  or has access to records to certify that, before such receipt or access,
    50  such person or entity shall not:
    51    (i) use such records or information for civil immigration purposes; or
    52    (ii) disclose such records or information to any agency that primarily
    53  enforces immigration law or to any employee or agent of any such  agency
    54  unless  such disclosure is pursuant to a cooperative arrangement between
    55  city, state and federal agencies  which  arrangement  does  not  enforce
    56  immigration  law and which disclosure is limited to the specific records

        A. 9037--A                         16

     1  or information being sought pursuant to such arrangement.  Violation  of
     2  such  certification  shall  be a class A misdemeanor. In addition to any
     3  records required to be kept pursuant to subdivision (c) of section  2721
     4  of  title  18 of the United States code, any person or entity certifying
     5  pursuant to this paragraph shall keep for a period of five years records
     6  of all uses  and  identifying  each  person  or  entity  that  primarily
     7  enforces immigration law that received department records or information
     8  from  such certifying person or entity. Such records shall be maintained
     9  in a manner and form prescribed by the commissioner and shall be  avail-
    10  able  for inspection by the commissioner or his or her designee upon his
    11  or her request.
    12    (iii) For purposes of this paragraph, the term "agency that  primarily
    13  enforces  immigration  law"  shall  include,  but not be limited to, the
    14  United States immigration and  customs  enforcement  and  United  States
    15  customs and border protection, and any successor agencies having similar
    16  duties.
    17    (iv)  Failure  to maintain records as required by this paragraph shall
    18  be a class E felony.
    19    (f) Except as otherwise provided by this subdivision, any  person  who
    20  knowingly and willfully obtains records which contain individually iden-
    21  tifiable  information  under  false pretenses or otherwise violates this
    22  subdivision shall be guilty of a class E felony.
    23    (g) In addition to or in lieu of  any  criminal  proceeding  available
    24  pursuant  to  this  subdivision,  whenever there shall be a violation of
    25  this subdivision, application may be made by the attorney general in the
    26  name of the people of the state of New York to a court or justice having
    27  jurisdiction by a special proceeding to issue an  injunction,  and  upon
    28  notice  to  the  defendant  of  not  less  than five days, to enjoin and
    29  restrain the continuance of such violations; and if it shall  appear  to
    30  the  satisfaction  of  the  court  or justice that the defendant has, in
    31  fact, violated this subdivision, an injunction may  be  issued  by  such
    32  court or justice, enjoining and restraining any further violation, with-
    33  out  requiring  proof  that  any  person  has,  in fact, been injured or
    34  damaged thereby. In any such proceeding, the court may  make  allowances
    35  to  the attorney general as provided in paragraph six of subdivision (a)
    36  of section eighty-three hundred three of  the  civil  practice  law  and
    37  rules, and direct restitution. Whenever the court shall determine that a
    38  violation of this subdivision has occurred, the court may impose a civil
    39  penalty  of  not more than five hundred dollars for the first violation,
    40  and not more than one thousand dollars  for  the  second  or  subsequent
    41  violation  within  a  three-year  period.  In  connection  with any such
    42  proposed application, the attorney general is authorized to  take  proof
    43  and make a determination of the relevant facts and to issue subpoenas in
    44  accordance with the civil practice law and rules.
    45    12.  Notwithstanding  any  law,  rule,  or regulation to the contrary,
    46  general operating funds required by the department shall not be  reduced
    47  due  to  monies  expended  from  or  by the excluded worker unemployment
    48  program fund established pursuant to section ninety-five-k of the  state
    49  finance law.
    50    §  3. The state finance law is amended by adding a new section 95-k to
    51  read as follows:
    52    § 95-k. Excluded worker unemployment program fund. 1. There is  hereby
    53  established  in  the  joint  custody of the commissioner of taxation and
    54  finance and the state comptroller a special fund  to  be  known  as  the
    55  "excluded worker unemployment program fund".

        A. 9037--A                         17
 
     1    2.  Moneys  in  such fund shall consist of all moneys appropriated for
     2  the purposes of such fund  and  all  moneys  appropriated,  credited  or
     3  transferred  thereto  from any other fund or source pursuant to law. Any
     4  interest received by the comptroller on money on  deposit  in  the  fund
     5  shall be retained in and become part of the fund.
     6    3. All moneys collected as contributions and interest relating to wage
     7  replacement  to workers and families unable to access traditional worker
     8  wage insurance or assistance programs shall  be  deposited  in  a  bank,
     9  trust  company  or  industrial bank designated by the state comptroller.
    10  Moneys so deposited shall be credited immediately to the account of  the
    11  excluded  worker  unemployment  program  fund  and shall be used for the
    12  purposes set forth in section five hundred  ninety-one-b  of  the  labor
    13  law.    Moneys  in such fund may be invested by the state comptroller in
    14  accordance with the provisions of section ninety-eight of this  article,
    15  and shall only be used for the purposes specified herein.
    16    4.  Moneys  in  the  fund shall be used exclusively for the purpose of
    17  providing wage replacement to workers that do not qualify for  unemploy-
    18  ment  insurance  or  other  worker wage assistance programs and who have
    19  lost a major source of income due to lost work. The moneys shall be paid
    20  out of the fund on the audit and warrant of  the  state  comptroller  on
    21  vouchers  certified  or approved by such commissioner or his or her duly
    22  designated officer. Any balance in such fund shall not lapse at any time
    23  but shall remain continuously available for such purposes.
    24    5. Moneys of the fund shall not be used in whole or in  part  for  any
    25  purpose or in any manner which would (a) permit its substitution for, or
    26  a  corresponding  reduction in, federal funds that would be available in
    27  its absence to finance expenditures for the administration of this arti-
    28  cle; or (b) cause the appropriate agency of the United States government
    29  to withhold any part of an administrative grant which would otherwise be
    30  made.
    31    § 4. The sum of eight hundred million dollars ($800,000,000) is hereby
    32  appropriated from any moneys in the state treasury in the  general  fund
    33  to  the  credit  of  the  state purposes account for the excluded worker
    34  unemployment program fund in carrying out the provisions  of  this  act.
    35  Such  sum  shall  be payable on the audit and warrant of the state comp-
    36  troller on vouchers certified or approved in the manner provided by law.
    37  No expenditure shall be made from this appropriation until a certificate
    38  of approval of availability shall have been issued by  the  director  of
    39  the  budget  and  filed with the state comptroller and a copy filed with
    40  the chairman of the senate finance committee and  the  chairman  of  the
    41  assembly  ways and means committee. Such certificate may be amended from
    42  time to time by the director of the budget  and  a  copy  of  each  such
    43  amendment shall be filed with the state comptroller, the chairman of the
    44  senate finance committee and the chairman of the assembly ways and means
    45  committee.
    46    § 5. Severability Clause. If any clause, sentence, paragraph, subdivi-
    47  sion,  section,  or  part  of this act shall be adjudged by any court of
    48  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    49  impair or invalidate the remainder thereof, but shall be confined in its
    50  operation  to  the clause, sentence, paragraph, subdivision, section, or
    51  part thereof directly involved in the controversy in which such judgment
    52  shall have been rendered. It is hereby declared to be the intent of  the
    53  legislature  that  this act would have been enacted even if such invalid
    54  provisions had not been included herein.
    55    § 6. This act shall take effect immediately.
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