S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7057
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2019
                                ___________
 
 Introduced  by M. of A. BLAKE -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to unemployment benefits  for
   qualified  individuals  during certain lapses in appropriations by the
   United States government
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 591 of the labor law, as amended
 by chapter 413 of the laws of 2003, is amended to read as follows:
   1. Unemployment. Benefits, except as provided  in  [section]  SECTIONS
 five  hundred  ninety-one-a AND FIVE HUNDRED NINETY-ONE-B of this title,
 shall be paid only to a claimant who is totally unemployed  and  who  is
 unable to engage in his usual employment or in any other for which he is
 reasonably  fitted by training and experience. A claimant who is receiv-
 ing benefits under this article shall not be denied such benefits pursu-
 ant to this subdivision or to subdivision two of this section because of
 such claimant's service on a grand or petit jury of any state or of  the
 United States.
   §  2.  Subdivision  1  of  section 591 of the labor law, as amended by
 chapter 446 of the laws of 1981, is amended to read as follows:
   1. Unemployment. Benefits, EXCEPT AS PROVIDED IN SECTION FIVE  HUNDRED
 NINETY-ONE-B  OF  THIS  TITLE,  shall  be paid only to a claimant who is
 totally unemployed and who is unable to engage in his  usual  employment
 or  in any other for which he is reasonably fitted by training and expe-
 rience. A claimant who is receiving benefits under  this  article  shall
 not  be denied such benefits pursuant to this subdivision or to subdivi-
 sion two of this section because of such claimant's service on  a  grand
 or petit jury of any state or of the United States.
   §  3.  Subdivision  2  of  section 591 of the labor law, as amended by
 chapter 413 of the laws of 2003, is amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09361-02-9
              

 A. 7057                             2
 
   2. Availability  and  capability.  Except  as  provided  in  [section]
 SECTIONS five hundred ninety-one-a AND FIVE HUNDRED NINETY-ONE-B of this
 title,  no  benefits shall be payable to any claimant who is not capable
 of work or who is not ready, willing and  able  to  work  in  his  usual
 employment or in any other for which he is reasonably fitted by training
 and experience.
   §  4.  Subdivision  2  of  section 591 of the labor law, as amended by
 section 12 of part O of chapter 57 of the laws of 2013,  is  amended  to
 read as follows:
   2.  Availability, capability, and work search. [No] EXCEPT AS PROVIDED
 IN SECTION FIVE HUNDRED NINETY-ONE-B OF THIS TITLE, NO benefits shall be
 payable to any claimant who is not capable of work or who is not  ready,
 willing  and able to work in his or her usual employment or in any other
 for which he or she is reasonably fitted by training and experience  and
 who is not actively seeking work. In order to be actively seeking work a
 claimant  must  be  engaged  in systematic and sustained efforts to find
 work. The commissioner shall promulgate regulations defining  systematic
 and  sustained  efforts to find work and setting standards for the proof
 of work search efforts.
   § 5. The labor law is amended by adding a new section 591-b to read as
 follows:
   § 591-B. DEFINITIONS. 1. FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "QUALIFIED INDIVIDUAL" SHALL MEAN AN EMPLOYEE OR CONTRACTOR WHO IS
 (I)  A  RESIDENT  OF  THIS  STATE  AND (II) REQUIRED TO WORK AS A UNITED
 STATES GOVERNMENT EMPLOYEE OR  CONTRACTOR  DURING  A  COVERED  LAPSE  IN
 APPROPRIATIONS WITHOUT COMPENSATION.
   (B)  "COVERED  LAPSE IN APPROPRIATIONS" SHALL MEAN ANY LAPSE IN APPRO-
 PRIATIONS BY THE UNITED STATES GOVERNMENT THAT BEGINS ON OR AFTER DECEM-
 BER TWENTY-SECOND, TWO THOUSAND EIGHTEEN.
   2. ELIGIBILITY FOR UNEMPLOYMENT BENEFITS.  EACH  QUALIFIED  INDIVIDUAL
 SHALL  BE  ELIGIBLE  TO  RECEIVE  UNEMPLOYMENT BENEFITS PURSUANT TO THIS
 ARTICLE FOR THE TIME PERIOD IN WHICH THERE WAS A COVERED LAPSE IN APPRO-
 PRIATIONS.
   § 6. This act shall take effect immediately, provided that the  amend-
 ments  to  subdivisions  1 and 2 of section 591 of the labor law made by
 sections one and three of this act shall be subject  to  the  expiration
 and  reversion  of such subdivisions pursuant to chapter 413 of the laws
 of 2003, as amended, when upon such date the provisions of sections  two
 and four of this act shall take effect.