Senate Bill S8165A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8165--A
 
                             I N  S E N A T E
 
                             January 27, 2022
                                ___________
 
 Introduced by Sens. RAMOS, BRISPORT, BROUK, CLEARE, GIANARIS, GOUNARDES,
   JACKSON,  LIU,  MAYER,  RIVERA,  SALAZAR,  SERRANO  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance  --  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:
 
   Section 1. This act shall be known and may be cited as  the  "excluded
 worker unemployment program act".
   § 2. The labor law is amended by adding a new section 591-b to read as
 follows:
   § 591-B. EXCLUDED WORKER UNEMPLOYMENT PROGRAM. 1. DEFINITIONS. AS USED
 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "TOTAL  UNEMPLOYMENT" MEANS A MONTH IN WHICH THE APPLICANT HAS NO
 EMPLOYMENT EARNINGS FOR AT LEAST THREE OF THE FOUR FULL  CALENDAR  WEEKS
 IN THAT MONTH.
   (B)  "PARTIAL  UNEMPLOYMENT" MEANS A MONTH IN WHICH EARNINGS ARE SIXTY
 PERCENT LESS THAN AN APPLICANT'S AVERAGE  MONTHLY  EARNINGS  DURING  THE
 PRIOR  TAXABLE  YEAR,  OR, IF THE APPLICANT DID NOT HAVE EARNINGS IN THE
 PRIOR TAXABLE YEAR, THE AVERAGE MONTHLY EARNINGS  IN  THE  CURRENT  YEAR
 PRIOR TO THE LOSS OF WORK-RELATED EARNINGS.
   (C)  "NON-PAYROLL  CHECK"  MEANS A PERSONAL CHECK, CHECK ISSUED FROM A
 BUSINESS'S BANK ACCOUNT, OR OTHER CHECK THAT DOES NOT INDICATE THE HOURS
 WORKED, PAY RATE, DEDUCTIONS, OR TAX WITHHOLDINGS  OR  OTHERWISE  COMPLY
 WITH  THE  REQUIREMENTS OF SECTION ONE HUNDRED NINETY-FIVE OF THIS CHAP-
 TER.
   (D) "DOMESTIC WORKER" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDI-
 VISION SIXTEEN OF SECTION TWO OF THIS CHAPTER.
   (E) "LANDSCAPING WORKER" MEANS A PERSON ENGAGING IN  COMMERCIAL  LAND-
 SCAPING  SERVICES PRIMARILY INVOLVING THE CARE AND MAINTENANCE OF YARDS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14399-02-2
 S. 8165--A                          2
 
 GARDENS, OR OTHER OUTDOOR  LANDSCAPES  FOR  CLIENTS,  INCLUDING  PRIVATE
 HOUSEHOLDS.  SUCH  SERVICES  INCLUDE, BUT ARE NOT LIMITED TO, LAWN CARE,
 GARDENING, AND THE PRUNING OR REMOVAL OF TREES, SHRUBS, OR PLANT WASTE.
   (F) "DAY LABORER" MEANS AN INDIVIDUAL WHO PROVIDES LABOR OR EMPLOYMENT
 THAT  IS OCCASIONAL OR IRREGULAR FOR WHICH AN INDIVIDUAL IS EMPLOYED FOR
 NOT LONGER THAN THE TIME PERIOD REQUIRED TO COMPLETE THE ASSIGNMENT  FOR
 WHICH  THE  INDIVIDUAL  IS  HIRED  AND  IN  WHICH WAGE PAYMENTS ARE MADE
 DIRECTLY TO THE DAY LABORER OR INDIRECTLY BY THE DAY LABOR SERVICE AGEN-
 CY OR THE THIRD-PARTY EMPLOYER FOR WORK UNDERTAKEN BY A DAY LABORER. DAY
 LABOR DOES NOT INCLUDE LABOR OR EMPLOYMENT OF A PROFESSIONAL OR CLERICAL
 NATURE.
   (G) "STREET VENDOR" MEANS A PERSON WHO SELLS FOOD OR MERCHANDISE  FROM
 A  FOOD TRUCK, PUSHCART, STAND, DISPLAY, PEDAL-DRIVEN CART, WAGON, SHOW-
 CASE, RACK, OTHER NONMOTORIZED CONVEYANCE, OR FROM ONE'S PERSON, UPON  A
 PUBLIC STREET, SIDEWALK OR OTHER PEDESTRIAN PATH.
   (H)  "CONSTRUCTION  WORKER"  MEANS  AN  INDIVIDUAL EMPLOYED TO PROVIDE
 CONSTRUCTION LABOR OR SERVICES.
   (I) "CONSTRUCTION" MEANS CONSTRUCTING, RECONSTRUCTING, ALTERING, MAIN-
 TAINING, MOVING, REHABILITATING, REPAIRING, RENOVATING OR DEMOLITION  OF
 ANY  BUILDING,  STRUCTURE, OR IMPROVEMENT, OR RELATING TO THE EXCAVATION
 OF OR OTHER DEVELOPMENT OR IMPROVEMENT TO LAND.
   (J) "CONSTRUCTION LABOR PROVIDER"  MEANS  A  PERSON  WHO  EMPLOYS  AND
 SUPPLIES  A  COVERED CONSTRUCTION WORKER TO A THIRD-PARTY CLIENT FOR THE
 PERFORMANCE OF CONSTRUCTION WORK OR  MANUAL  LABOR  FOR  A  CONSTRUCTION
 PROJECT  OF  SUCH  CLIENT ON A SITE IN THE CITY, IN EXCHANGE FOR COMPEN-
 SATION FROM SUCH THIRD-PARTY CLIENT, PROVIDED  THAT  THE  COMPLETION  OF
 SUCH  PROJECT IS DIRECTED BY SUCH CLIENT OR SUCH CLIENT'S CONTRACTOR AND
 NOT SUCH PERSON. THE TERM "CONSTRUCTION LABOR PROVIDER" DOES  NOT  MEAN:
 (I)  AN  EMPLOYMENT AGENCY OR AN EMPLOYEE FEE PAID EMPLOYMENT AGENCY, AS
 DEFINED IN ARTICLE ELEVEN OF THE GENERAL BUSINESS LAW; OR (II) A PROFES-
 SIONAL EMPLOYER ORGANIZATION, AS DEFINED IN ARTICLE THIRTY-ONE  OF  THIS
 CHAPTER;  OR  (III) A CONSTRUCTION SUBCONTRACTOR THAT IS RESPONSIBLE FOR
 AND PERFORMS ANY OF THE FOLLOWING: (1) PERFORMING CONSTRUCTION WORK ON A
 PROJECT IN ACCORDANCE WITH A WRITTEN CONTRACT FOR  A  DEFINED  SCOPE  OF
 CONSTRUCTION  WORK AT A FIXED PRICE; (2) OBTAINING NECESSARY LICENSES TO
 PERFORM CONSTRUCTION SERVICES UNDER THE ENTITY'S NAME;  (3)  EXCLUSIVELY
 CONTROLLING  THE  SUBCONTRACTOR'S  WORKERS,  INCLUDING HAVING HIRING AND
 FIRING AUTHORITY AND DIRECTION OF METHODS AND MEANS OF CONSTRUCTION WORK
 PERFORMED ON THE CONSTRUCTION PROJECT; (4) PAYING WAGES AND FRINGE BENE-
 FITS TO WORKERS BY THE SUBCONTRACTOR AND NOT ANY OTHER PERSON OR ENTITY,
 AND MAINTAINING REQUIRED EMPLOYMENT AND PAYROLL RECORDS BY  THE  SUBCON-
 TRACTOR;  (5)  PURCHASING  THE MAJORITY OF MATERIALS, SUPPLIES AND TOOLS
 FOR CONSTRUCTION WORK PERFORMED BY THE SUBCONTRACTOR ON THE PROJECT; AND
 (6) MAINTAINING WORKERS' COMPENSATION AND UNEMPLOYMENT INSURANCE  COVER-
 AGE  FOR  PERIODS  PRECEDING,  DURING  AND  SUCCEEDING  THE  TERM OF THE
 CONSTRUCTION PROJECT  FOR  THE  TYPE  AND  SCOPE  OF  CONSTRUCTION  WORK
 PERFORMED BY THE SUBCONTRACTOR ON THE PROJECT; OR (IV) A WEBSITE, MOBILE
 APPLICATION, OR OTHER INTERNET SERVICE.
   (K)  "HOME IMPROVEMENT CONTRACTOR" MEANS ANY PERSON, OTHER THAN A BONA
 FIDE EMPLOYEE OF THE OWNER, WHO  OWNS,  OPERATES,  MAINTAINS,  CONDUCTS,
 CONTROLS  OR TRANSACTS A HOME IMPROVEMENT BUSINESS AND WHO UNDERTAKES OR
 OFFERS TO UNDERTAKE OR AGREES TO PERFORM ANY HOME IMPROVEMENT OR  SOLIC-
 ITS  ANY  CONTRACT  THEREFOR,  WHETHER OR NOT SUCH PERSON IS LICENSED OR
 SUBJECT TO LICENSING REQUIREMENTS, AND WHETHER OR NOT SUCH PERSON  IS  A
 PRIME CONTRACTOR OR SUBCONTRACTOR WITH RESPECT TO THE OWNER.
 S. 8165--A                          3
 
   (L)  "HOME  IMPROVEMENT"  MEANS THE CONSTRUCTION, REPAIR, REPLACEMENT,
 REMODELING, ALTERATION, CONVERSION, REHABILITATION, RENOVATION,  MODERN-
 IZATION,  IMPROVEMENT,  OR  ADDITION  TO  ANY  LAND OR BUILDING, OR THAT
 PORTION THEREOF WHICH IS USED OR DESIGNED TO BE USED AS A  RESIDENCE  OR
 DWELLING PLACE AND SHALL INCLUDE BUT NOT BE LIMITED TO THE CONSTRUCTION,
 ERECTION,  REPLACEMENT,  OR  IMPROVEMENT  OF  DRIVEWAYS, SWIMMING POOLS,
 TERRACES, PATIOS, LANDSCAPING, FENCES, PORCHES, GARAGES,  FALLOUT  SHEL-
 TERS, BASEMENTS, AND OTHER IMPROVEMENTS TO STRUCTURES OR UPON LAND WHICH
 IS  ADJACENT  TO A DWELLING HOUSE. "HOME IMPROVEMENT" SHALL NOT INCLUDE:
 (I) THE CONSTRUCTION OF A NEW  HOME  OR  BUILDING  OR  WORK  DONE  BY  A
 CONTRACTOR  IN COMPLIANCE WITH A GUARANTEE OF COMPLETION OF A NEW BUILD-
 ING PROJECT; (II) THE SALE OF GOODS OR MATERIALS BY A SELLER WHO NEITHER
 ARRANGES TO PERFORM NOR PERFORMS DIRECTLY  OR  INDIRECTLY  ANY  WORK  OR
 LABOR IN CONNECTION WITH THE INSTALLATION OF OR APPLICATION OF THE GOODS
 OR  MATERIALS;  (III)  RESIDENCES OWNED BY OR CONTROLLED BY THE STATE OR
 ANY MUNICIPAL SUBDIVISION THEREOF; OR (IV) PAINTING OR DECORATING  OF  A
 BUILDING,  RESIDENCE,  HOME OR APARTMENT, WHEN NOT INCIDENTAL OR RELATED
 TO HOME IMPROVEMENT WORK AS HEREIN DEFINED. WITHOUT REGARD TO THE EXTENT
 OF AFFIXATION, "HOME IMPROVEMENT" SHALL ALSO INCLUDE THE INSTALLATION OF
 CENTRAL HEATING OR AIR CONDITIONING  SYSTEMS,  CENTRAL  VACUUM  CLEANING
 SYSTEMS, STORM WINDOWS, AWNINGS, AND COMMUNICATION SYSTEMS.
   (M)  "CONTRACTOR"  MEANS  ANY PERSON OR SALESPERSON, OTHER THAN A BONA
 FIDE EMPLOYEE OF THE OWNER, WHO  OWNS,  OPERATES,  MAINTAINS,  CONDUCTS,
 CONTROLS  OR TRANSACTS A HOME IMPROVEMENT BUSINESS AND WHO UNDERTAKES OR
 OFFERS TO UNDERTAKE OR AGREES TO PERFORM ANY HOME IMPROVEMENT OR  SOLIC-
 ITS  ANY  CONTRACT  THEREFOR,  WHETHER OR NOT SUCH PERSON IS LICENSED OR
 SUBJECT TO THE LICENSING REQUIREMENTS OF THIS SECTION,  AND  WHETHER  OR
 NOT  SUCH  PERSON IS A PRIME CONTRACTOR OR SUBCONTRACTOR WITH RESPECT TO
 THE OWNER.
   (N) "EXCLUDED WORKER UNEMPLOYMENT PROGRAM NAVIGATOR" MEANS A  NON-PRO-
 FIT  ORGANIZATION  THAT  IS  CERTIFIED  BY  THE DEPARTMENT TO HELP GUIDE
 APPLICANTS TO DETERMINE THEIR ELIGIBILITY FOR THE EXCLUDED WORKER  UNEM-
 PLOYMENT PROGRAM OR UNEMPLOYMENT INSURANCE BENEFITS.
   (O) "PROGRAM YEAR" IS THE TWELVE MONTH PERIOD BEGINNING APRIL FIRST.
   2.  THE  DEPARTMENT  IS  HEREBY  AUTHORIZED, EMPOWERED AND MANDATED TO
 ESTABLISH AND OPERATE AN EXCLUDED WORKER UNEMPLOYMENT PROGRAM AS AUTHOR-
 IZED PURSUANT TO THIS SECTION. SUCH  PROGRAM  SHALL  BE  ESTABLISHED  BY
 APRIL FIRST, TWO THOUSAND TWENTY-THREE.
   3.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "EXCLUDED WORKER UNEM-
 PLOYMENT PROGRAM" MEANS A PROGRAM UNDER WHICH ASSISTANCE IS AVAILABLE TO
 APPLICANTS WHO RESIDE IN THE STATE AND:
   (A) HAVE NOT RECEIVED UNEMPLOYMENT INSURANCE BENEFITS AS DESCRIBED  IN
 THIS  ARTICLE,  INCLUDING BENEFITS PAYABLE TO FEDERAL CIVILIAN EMPLOYEES
 AND TO EX-SERVICEMEN AND SERVICEWOMEN PURSUANT  TO  CHAPTER  85  OF  THE
 UNITED  STATES CODE, BENEFITS AUTHORIZED TO BE USED FOR THE SELF-EMPLOY-
 MENT ASSISTANCE PROGRAM PURSUANT TO THE FEDERAL-STATE EXTENDED UNEMPLOY-
 MENT COMPENSATION ACT OF 1970 IN THE TWELVE-MONTH PERIOD DIRECTLY  PRIOR
 TO  THEIR  APPLICATION  FOR THE EXCLUDED WORKER UNEMPLOYMENT PROGRAM; OR
 ANY OTHER BENEFITS DISTRIBUTED TO NEW YORKERS THROUGH THE FEDERAL  UNEM-
 PLOYMENT ACCOUNT; OR
   (B)  RECEIVED  IN  ERROR PAYMENTS FROM THE SOURCES IN PARAGRAPH (A) OF
 THIS SUBDIVISION AND SUCH PAYMENTS WERE RECOVERED OR ARE RECOVERABLE  BY
 THE ADMINISTERING AGENCY; AND
   (C)  ARE  COVERED  EMPLOYEES  FOR  THE PURPOSES OF THE EXCLUDED WORKER
 UNEMPLOYMENT PROGRAM. FOR THE PURPOSES  OF  THIS  SUBDIVISION,  "COVERED
 EMPLOYEES" MEAN PERSONS WHO:
 S. 8165--A                          4
 
   (I)  HAVE  PERFORMED  SERVICES  OF EMPLOYMENT PURSUANT TO SECTION FIVE
 HUNDRED ELEVEN OF THIS ARTICLE AND ARE  INELIGIBLE  FOR  BENEFITS  UNDER
 THIS  ARTICLE  BECAUSE  OF  PROVISIONS  RELATED  TO  SUBDIVISION NINE OF
 SECTION FIVE HUNDRED NINETY OF THIS ARTICLE OR BECAUSE THEY  ARE  DEEMED
 UNAVAILABLE TO WORK DUE TO A LACK OF WORK AUTHORIZATION; OR
   (II)  HAVE  PERFORMED  ANY  OF THE FOLLOWING SERVICES OF EMPLOYMENT AS
 DEFINED BY SECTION FIVE HUNDRED ELEVEN OF THIS ARTICLE:
   (1) DOMESTIC WORKERS WHO ARE EMPLOYED BY A FAMILY OR INDIVIDUAL HOUSE-
 HOLD; OR
   (2) DAY LABORERS; OR
   (3)  WORKERS  EMPLOYED  TO  PROVIDE  CONSTRUCTION,   LANDSCAPING,   OR
 GROUNDSKEEPING  LABOR  OR  SERVICES  AND  HIRED  BY A CONSTRUCTION LABOR
 PROVIDER, A PRIVATE HOUSEHOLD OR HOME IMPROVEMENT  CONTRACTOR,  PROVIDED
 THAT:
   (A)  THEY  WERE PAID IN CASH OR PAID WITH A PERSONAL CHECK OR NON-PAY-
 ROLL CHECK; AND
   (B) THEIR WAGES WERE NOT REPORTED TO THE TAX COMMISSION BY AN "EMPLOY-
 ER," AS DEFINED UNDER SECTION FIVE HUNDRED TWELVE OF THIS ARTICLE AND AS
 REQUIRED BY PARAGRAPH FOUR OF   SUBSECTION (A) OF  SECTION  SIX  HUNDRED
 SEVENTY-FOUR OF THE TAX LAW; AND
   (C) THEY DID NOT RECEIVE A  WAGE  STATEMENT  FROM  SUCH  "EMPLOYER" AS
 REQUIRED UNDER SECTION ONE HUNDRED NINETY-FIVE OF THIS CHAPTER; AND
   (D) THEY DID NOT RECEIVE AN INTERNAL REVENUE SERVICE FORM 1099-NEC FOR
 NON-EMPLOYMENT  SERVICES FOR COMPENSATION EARNED DURING THE  MOST RECENT
 TAXABLE  YEAR FROM SUCH EMPLOYER, OR PERFORMED SERVICES THAT ARE CUSTOM-
 ARILY RECORDED THROUGH A FORM 1099-NEC; OR
   (III) IS A BONA FIDE SELF-EMPLOYED WORKER, REGARDLESS  OF  CITIZENSHIP
 OR  IMMIGRATION  STATUS.    FOR THE PURPOSES OF THIS SUBPARAGRAPH, "BONA
 FIDE SELF-EMPLOYED WORKER" MEANS:
   (1) THE INDIVIDUAL IS FREE FROM CONTROL AND  DIRECTION  IN  PERFORMING
 THE JOB, BOTH UNDER HIS OR HER CONTRACT AND IN FACT, AND
   (2)  THE SERVICE IS PERFORMED OUTSIDE THE USUAL COURSE OF BUSINESS FOR
 WHICH THE SERVICE IS PERFORMED, AND
   (3) THE INDIVIDUAL IS CUSTOMARILY ENGAGED IN AN  INDEPENDENTLY  ESTAB-
 LISHED TRADE, OCCUPATION, PROFESSION, OR BUSINESS THAT IS SIMILAR TO THE
 LABOR OR SERVICE AT ISSUE.
   FOR THE PURPOSES OF THIS SUBPARAGRAPH, STREET VENDORS SHALL BE CONSID-
 ERED TO BE BONA FIDE SELF-EMPLOYED WORKERS;
   (D)  SUFFERED  A  LOSS OF WORK-RELATED EARNINGS LEADING TO A PERIOD OF
 TOTAL OR PARTIAL UNEMPLOYMENT DURING THE PRIOR CALENDAR MONTH;
   (E) PRIOR TO SUFFERING THE LOSS OF WORK-RELATED EARNINGS,  HAD  WORKED
 IN  AT LEAST THREE OF THE PREVIOUS TWELVE MONTHS AND HAD EARNED AT LEAST
 FOUR THOUSAND FIFTY DOLLARS IN GROSS EARNINGS; PROVIDED,  HOWEVER,  THAT
 IN THE CASE OF A WORKER DESCRIBED IN SUBPARAGRAPH (III) OF PARAGRAPH (C)
 OF THIS SUBDIVISION SUCH EARNINGS SHALL BE CALCULATED ON A NET BASIS;
   (F) WHOSE REASON FOR LOSS OF WORK-RELATED EARNINGS WOULD NOT HAVE BEEN
 DISQUALIFYING UNDER SECTION FIVE HUNDRED NINETY-THREE OF THIS ARTICLE;
   (G)  WHO  ARE  CAPABLE  OF  WORK OR WHO ARE READY, WILLING AND ABLE TO
 WORK, REGARDLESS OF CITIZENSHIP OR IMMIGRATION STATUS,  IN  THEIR  USUAL
 EMPLOYMENT  OR  IN  ANY  OTHER  FOR  WHICH THEY ARE REASONABLY FITTED BY
 TRAINING AND EXPERIENCE;
   (H) WHOSE PRINCIPAL PLACE OF RESIDENCE IS IN NEW YORK STATE;
   (I) PROVIDE SUITABLE DOCUMENTATION PURSUANT  TO  SUBDIVISION  FOUR  OF
 THIS SECTION;
   (J)  HAVE  EARNED NO MORE THAN  FIFTY-SIX THOUSAND THREE HUNDRED NINE-
 TY-THREE DOLLARS IN THE PRIOR TAXABLE YEAR; PROVIDED, HOWEVER, THAT:
 S. 8165--A                          5
 
   (I) THIS AMOUNT SHALL BE UPDATED ON THE NEXT JANUARY FIRST  AFTER  THE
 EFFECTIVE  DATE  OF THIS SECTION AND SET AS THE MEDIAN ANNUAL EMPLOYMENT
 EARNINGS FOR A FULL-TIME WORKER LIVING IN THE STATE AS CALCULATED BY THE
 UNITED STATES CENSUS BUREAU, AND UPDATED ON EACH JANUARY FIRST THEREAFT-
 ER;
   (II)  FOR THE PURPOSES OF WORKERS BECOMING ELIGIBLE UNDER SUBPARAGRAPH
 (III) OF PARAGRAPH (C) OF THIS SUBDIVISION, THE AMOUNT SHALL BE  SET  AS
 FORTY-FIVE THOUSAND ONE HUNDRED FOURTEEN DOLLARS IN NET EARNINGS; AND
   (K)  NO  STATE OR LOCAL PUBLIC BENEFIT PROGRAM SHALL REQUIRE AN APPLI-
 CANT OR RECIPIENT TO APPLY FOR THE EXCLUDED WORKER UNEMPLOYMENT  PROGRAM
 AS A CONDITION OF ELIGIBILITY.
   4.  ALL  DOCUMENTS SUBMITTED BY AN APPLICANT TO ESTABLISH IDENTITY AND
 RESIDENCY SHALL BE: (I) CERTIFIED BY THE ISSUING AGENCY; (II)  UNEXPIRED
 UNLESS  SPECIFICALLY  NOTED;  (III)  IN  ENGLISH,  OR  ACCOMPANIED BY AN
 ENGLISH LANGUAGE TRANSLATION; AND (IV) NOT MUTILATED OR DAMAGED.  APPLI-
 CANTS  SHALL  NOT BE REQUIRED TO PROVE THAT THEY ARE LAWFULLY PRESENT IN
 THE UNITED STATES. APPLICANTS SHALL CERTIFY, IN A FORM  AND  MANNER  THE
 COMMISSIONER OF LABOR SHALL PRESCRIBE. FOR THE PURPOSES OF PARAGRAPH (I)
 OF SUBDIVISION THREE OF THIS SECTION, "SUITABLE DOCUMENTATION" MEANS THE
 FOLLOWING:
   (A)  FOR THE PURPOSES OF ESTABLISHING RESIDENCY, AN APPLICANT SHALL BE
 REQUIRED TO PRODUCE ONE OR MORE OF THE FOLLOWING ITEMS,  EACH  OF  WHICH
 SHALL  SHOW THE APPLICANT'S NAME AND CURRENT RESIDENTIAL ADDRESS LOCATED
 WITHIN NEW YORK STATE:
   (I) A NON-EXPIRED NEW  YORK  STATE  DRIVER'S  LICENSE  ISSUED  BY  THE
 DEPARTMENT OF MOTOR VEHICLES;
   (II)  A  NON-EXPIRED  NEW  YORK  STATE  NON-DRIVER IDENTIFICATION CARD
 ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES;
   (III) A NON-EXPIRED NEW YORK STATE  LEARNER'S  PERMIT  ISSUED  BY  THE
 DEPARTMENT OF MOTOR VEHICLES;
   (IV) A NON-EXPIRED IDNYC IDENTIFICATION CARD;
   (V)  A  STATE  OR FEDERAL TAX FILING OR RETURN, WITH A FILING DATE NOT
 MORE THAN TWELVE MONTHS PRIOR TO THE DATE OF  APPLICATION  FOR  BENEFITS
 UNDER THIS PROGRAM;
   (VI) A DOCUMENT ISSUED BY AN AGENCY, AUTHORITY, BOARD OR COMMISSION OF
 NEW YORK STATE, A GOVERNMENT AGENCY OR AUTHORITY OF A POLITICAL SUBDIVI-
 SION WITHIN NEW YORK STATE, INCLUDING A SCHOOL DISTRICT, OR AN AGENCY OF
 THE FEDERAL GOVERNMENT, WITH A DATE OF NOT MORE THAN TWELVE MONTHS PRIOR
 TO THE DATE OF APPLICATION FOR BENEFITS UNDER THIS PROGRAM;
   (VII)  A  SOCIAL  SECURITY  STATEMENT  LETTER  OR BENEFIT VERIFICATION
 LETTER, WITH A DATE OF NOT MORE THAN TWELVE MONTHS PRIOR TO THE DATE  OF
 APPLICATION FOR BENEFITS UNDER THIS PROGRAM; OR
   (VIII)  ANY  OF  THE  FOLLOWING DOCUMENTS, CONTAINING THE NAME AND NEW
 YORK STATE ADDRESS OF THE APPLICANT, PROVIDED THAT THE DATE IS  NO  MORE
 THAN  TWELVE  MONTHS  BEFORE  THE DATE OF APPLICATION FOR BENEFITS UNDER
 THIS PROGRAM:
   (1) A UTILITY BILL, INCLUDING A BILL FROM A MOBILE SERVICE PROVIDER;
   (2) A BANK OR CREDIT CARD STATEMENT;
   (3) A LETTER ADDRESSED TO THE APPLICANT FROM THE NEW YORK CITY HOUSING
 AUTHORITY;
   (4) A LETTER ADDRESSED TO THE APPLICANT FROM A HOMELESS SHELTER  INDI-
 CATING THAT THE APPLICANT CURRENTLY RESIDES AT THE HOMELESS SHELTER;
   (5)  A  CURRENT  LEASE  OR SUBLEASE, MORTGAGE PAYMENT, OR PROPERTY TAX
 STATEMENT;
   (6) A PAY STUB;
 S. 8165--A                          6
 
   (7) AN EMPLOYMENT OFFER LETTER OR NOTICE OF PAY THAT DOCUMENTS EMPLOY-
 ER PROVIDED HOUSING LOCATED IN THE STATE, INCLUDING SEASONAL HOUSING;
   (8)  A  STATEMENT, BILL, OR RECORD FROM A HEALTH INSTITUTION OR INSUR-
 ANCE  COMPANY  (INCLUDING  HEALTH  INSURANCE,   HOMEOWNER'S   INSURANCE,
 RENTER'S INSURANCE, LIFE INSURANCE, OR AUTOMOBILE INSURANCE);
   (9)  A  JURY  SUMMONS,  COURT  ORDER,  OR OTHER DOCUMENT FROM A STATE,
 FEDERAL, OR LOCAL COURT OR ADMINISTRATIVE  LAW  FORUM  WITHIN  NEW  YORK
 STATE;
   (10)  A LETTER FROM A DOMESTIC VIOLENCE RESIDENTIAL CARE PROGRAM, OR A
 GOVERNMENT AGENCY, NON-PROFIT  ORGANIZATION,  OR  RELIGIOUS  INSTITUTION
 THAT PROVIDES SERVICES TO DOMESTIC VIOLENCE SURVIVORS;
   (11)  A  LETTER ADDRESSED TO THE APPLICANT FROM A NON-PROFIT ORGANIZA-
 TION OR RELIGIOUS INSTITUTION THAT PROVIDES SERVICES TO  HOMELESS  INDI-
 VIDUALS;
   (12)  A  LETTER ATTESTING TO THE RESIDENCY OF AN APPLICANT ISSUED BY A
 CHARITABLE ORGANIZATION REGISTERED WITH THE CHARITIES BUREAU OF THE  NEW
 YORK  STATE OFFICE OF THE ATTORNEY GENERAL AND THAT PROVIDED SERVICES TO
 THE APPLICANT IN THE ORDINARY COURSE  OF  BUSINESS  OF  SUCH  CHARITABLE
 ORGANIZATION;
   (13) A LETTER ATTESTING THE RESIDENCY OF AN APPLICANT SIGNED AND NOTA-
 RIZED BY A CO-HABITANT OF THE SAME RESIDENCE; OR
   (14) ANY OTHER DOCUMENT THE COMMISSIONER DEEMS ACCEPTABLE.
   (B)  FOR  THE PURPOSES OF ESTABLISHING IDENTITY, AN APPLICANT SHALL BE
 REQUIRED TO PRODUCE ONE OR MORE OF THE FOLLOWING ITEMS TO  ESTABLISH  AT
 LEAST FOUR POINTS OF PROOF OF IDENTITY:
   (I) FOR FOUR POINTS:
   (1)  A  NEW YORK STATE DRIVER'S LICENSE OR LEARNER'S PERMIT, ISSUED BY
 THE DEPARTMENT OF MOTOR VEHICLES, WHICH MAY BE EXPIRED BY NOT MORE  THAN
 TWO YEARS;
   (2)  A  NEW  YORK  STATE  NON-DRIVER IDENTIFICATION CARD ISSUED BY THE
 DEPARTMENT OF MOTOR VEHICLES, WHICH MAY BE EXPIRED BY NOT MORE THAN  TWO
 YEARS;
   (3)  A  UNITED STATES OR FOREIGN PASSPORT, WHICH MAY BE EXPIRED BY NOT
 MORE THAN TWO YEARS;
   (4) A UNITED STATES MILITARY ID CARD ISSUED TO  ACTIVE,  RESERVE,  AND
 RETIRED  MILITARY  PERSONNEL ONLY, WHICH MAY BE EXPIRED BY NOT MORE THAN
 TWO YEARS;
   (5) A UNITED STATES EMPLOYMENT AUTHORIZATION WITH PHOTO, WHICH MAY  BE
 EXPIRED BY NOT MORE THAN TWO YEARS;
   (6)  AN  INPATIENT  PHOTO  IDENTIFICATION  CARD ISSUED BY THE NEW YORK
 STATE OFFICE OF MENTAL HEALTH;
   (7) A FEDERAL DOCUMENT WITH PHOTO, ISSUED BY THE UNITED  STATES  CITI-
 ZENSHIP AND IMMIGRATION SERVICES, INCLUDING BUT NOT LIMITED TO FORM I-94
 OR I-766 (UNITED STATES EMPLOYMENT AUTHORIZATION DOCUMENT), WHICH MAY BE
 EXPIRED BY NOT MORE THAN TWO YEARS; OR
   (8)  A  PHOTO  IDENTIFICATION  CARD,  ISSUED  BY AN AGENCY, AUTHORITY,
 BOARD, OR COMMISSION OF NEW YORK STATE, A GOVERNMENT AGENCY OR AUTHORITY
 OF A POLITICAL SUBDIVISION WITHIN NEW YORK  STATE,  INCLUDING  A  SCHOOL
 DISTRICT,  OR  AN AGENCY OF THE FEDERAL GOVERNMENT, WHICH MAY BE EXPIRED
 BY NOT MORE THAN TWO YEARS; PROVIDED, HOWEVER, THAT IDENTIFICATION CARDS
 THAT ARE MARKED "NOT FOR IDENTIFICATION PURPOSES"  OR  SIMILAR  LANGUAGE
 SHALL NOT BE CONSIDERED FOR FOUR POINTS.
   (II) FOR THREE POINTS:
   (1)  A  PHOTO  IDENTIFICATION  CARD,  ISSUED  BY AN AGENCY, AUTHORITY,
 BOARD, OR COMMISSION OF NEW YORK STATE, A GOVERNMENT AGENCY OR AUTHORITY
 OF A POLITICAL SUBDIVISION WITHIN NEW YORK  STATE,  INCLUDING  A  SCHOOL
 S. 8165--A                          7
 
 DISTRICT,  OR  AN  AGENCY OF THE FEDERAL GOVERNMENT, THAT IS MARKED "NOT
 FOR IDENTIFICATION PURPOSES"  OR  SIMILAR  LANGUAGE  AND  WHICH  MAY  BE
 EXPIRED BY NOT MORE THAN TWO YEARS;
   (2)  A PHOTO IDENTIFICATION CARD ISSUED BY AN EDUCATIONAL INSTITUTION,
 INCLUDING A UNIVERSITY, COLLEGE, OR POST-SECONDARY  SCHOOL,  SUBJECT  TO
 THE REGULATION OF THE STATE EDUCATION DEPARTMENT OR BOARD OF REGENTS;
   (3)  A  NEW  YORK  CITY  HEALTH AND HOSPITALS PATIENT CARD ISSUED BY A
 HOSPITAL AND MEDICAL CLINIC;
   (4) AN IDENTIFICATION CARD ISSUED BY THE NEW YORK STATE DEPARTMENT  OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION  OR  BY  ANY LOCAL OR MUNICIPAL
 DEPARTMENT OF CORRECTIONS LOCATED WITHIN NEW YORK STATE;
   (5) A PHOTO IDENTIFICATION CARD ISSUED BY  A  CHARITABLE  ORGANIZATION
 REGISTERED WITH THE CHARITIES BUREAU OF THE NEW YORK STATE OFFICE OF THE
 ATTORNEY  GENERAL  RELATING TO ELIGIBILITY FOR SERVICES OR PARTICIPATION
 IN THE PROGRAMS ADMINISTERED BY THE CHARITABLE ORGANIZATION IN THE ORDI-
 NARY COURSE OF SUCH CHARITABLE ORGANIZATION; OR
   (6) A PHOTO IDENTIFICATION CARD ISSUED BY A LABOR ORGANIZATION.
   (III) FOR TWO POINTS:
   (1) AN NYC CARE MEMBERSHIP CARD;
   (2) A FEDERAL DOCUMENT ISSUED BY THE  UNITED  STATES  CITIZENSHIP  AND
 IMMIGRATION SERVICES, INCLUDING FORM I-797, I-797A, OR I-797D, THAT DOES
 NOT INCLUDE A PHOTO;
   (3)  A  FOREIGN DRIVER'S LICENSE WITH A PHOTO, WHICH MAY BE EXPIRED BY
 NOT MORE THAN TWO YEARS;
   (4) A FOREIGN ISSUED IDENTIFICATION CARD, INCLUDING, BUT  NOT  LIMITED
 TO,  A  CONSULAR  IDENTIFICATION  CARD OR ANY OTHER PHOTO IDENTIFICATION
 CARD ISSUED BY ANOTHER COUNTRY TO ITS CITIZENS;
   (5) A UNITED STATES INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  ASSIGN-
 MENT LETTER;
   (6) A MARRIAGE CERTIFICATE;
   (7) A DIVORCE DECREE;
   (8) A BIRTH CERTIFICATE ISSUED BY A FOREIGN COUNTRY;
   (9)  A  DIRECT  EXPRESS DEBIT MASTERCARD PROVIDED BY THE UNITED STATES
 TREASURY; OR
   (10) A  SOCIAL  SECURITY  STATEMENT  LETTER  OR  BENEFIT  VERIFICATION
 LETTER.
   (IV) FOR ONE POINT:
   (1)  A  NON-EXPIRED  NEW  YORK CITY DEPARTMENT OF PARKS AND RECREATION
 MEMBERSHIP CARD;
   (2) A DIPLOMA OR TRANSCRIPT FROM A HIGH SCHOOL, COLLEGE, OR UNIVERSITY
 IN THE UNITED STATES;
   (3) A PHOTO IDENTIFICATION CARD ISSUED BY AN EMPLOYER OR ENTITY  ASSO-
 CIATED  WITH  AN EMPLOYER, INCLUDING PHOTO IDENTIFICATION CARDS REQUIRED
 TO ACCESS SECURE FACILITIES AND BUILDINGS; OR
   (4) A WRITTEN EMPLOYMENT OFFER, PAY STUBS, OR NOTICE OF  PAY  DOCUMENT
 PROVIDED TO THE APPLICANT BY AN EMPLOYER.
   (V)  THE  COMMISSIONER  MAY ACCEPT ANY OTHER DOCUMENT THE COMMISSIONER
 DEEMS RELEVANT AND ADEQUATE TO ESTABLISH THE IDENTITY OF  THE  APPLICANT
 AND MAY ASSIGN A REASONABLE POINT VALUE FOR SUCH DOCUMENT.
   (C)  EACH  APPLICANT  SHALL BE REQUIRED TO COMPLETE AND SUBMIT A QUES-
 TIONNAIRE ATTESTING THAT IN THE TWELVE MONTHS DIRECTLY PRIOR TO THE DATE
 OF APPLICATION FOR BENEFITS UNDER THIS PROGRAM THE APPLICANT  WORKED  IN
 AT  LEAST  THREE  CALENDAR  MONTHS,  EARNED AT LEAST FOUR THOUSAND FIFTY
 DOLLARS IN GROSS WAGES OR FOUR THOUSAND FIFTY DOLLARS  IN  NET  SELF-EM-
 PLOYMENT EARNINGS, AND LOST THEIR JOB THROUGH NO FAULT OF THEIR OWN. THE
 S. 8165--A                          8
 
 APPLICANT  SHALL  ADDITIONALLY  SUBMIT  THE  FOLLOWING  DOCUMENTATION TO
 ESTABLISH FOUR POINTS OR MORE OF PROOF OF WORK HISTORY:
   (I) FOR FOUR POINTS:
   (1)  WAGE  STATEMENTS, AS SET FORTH IN SECTION ONE HUNDRED NINETY-FIVE
 OF THIS CHAPTER, OR, WHERE THE EMPLOYER HAS FAILED TO PROVIDE THE APPLI-
 CANT WITH ACCURATE WAGE STATEMENTS MEETING THE REQUIREMENTS  OF  SECTION
 ONE  HUNDRED NINETY-FIVE OF THIS CHAPTER, NON-PAYROLL CHECKS PAID BY THE
 EMPLOYER OR EMPLOYER'S AGENT TO THE APPLICANT OR OTHER  RECORDS  SHOWING
 PAYMENTS FROM AN APP-BASED EMPLOYER TO THE APPLICANT. SUCH STATEMENTS OR
 OTHER  RECORDS SHALL DEMONSTRATE AT LEAST FOUR THOUSAND FIFTY DOLLARS IN
 GROSS WAGES OR EARNINGS, AND PAYMENT OF WAGES IN AT LEAST THREE CALENDAR
 MONTHS WITHIN THE TWELVE-MONTH PERIOD DIRECTLY  PRIOR  TO  THE  DATE  OF
 APPLICATION FOR BENEFITS UNDER THIS PROGRAM;
   (2)  A  LETTER FROM AN EMPLOYER, OR A CLIENT OF THE APPLICANT OR THEIR
 EMPLOYER, ATTESTING THAT THE APPLICANT EARNED  AT  LEAST  FOUR  THOUSAND
 FIFTY  DOLLARS  IN  GROSS WAGES OR EARNINGS AND WORKED IN AT LEAST THREE
 MONTHS IN THE TWELVE MONTHS DIRECTLY PRIOR TO WHEN THE APPLICANT BECOMES
 UNEMPLOYED OR PARTIALLY UNEMPLOYED. SUCH LETTER SHALL INCLUDE:
   (A) THE EMPLOYER'S MAILING ADDRESS AND THE ADDRESS OF THE SITE, WITHIN
 NEW YORK STATE, AT WHICH THE APPLICANT WAS EMPLOYED;
   (B) THE EMPLOYER'S  NEW  YORK  STATE  UNEMPLOYMENT  INSURANCE  ACCOUNT
 NUMBER OR FEDERAL EMPLOYMENT IDENTIFICATION NUMBER; OR
   (C)  CONTACT  INFORMATION,  INCLUDING  A PHONE NUMBER, FOR A REPRESEN-
 TATIVE OF SUCH EMPLOYER WHO CAN VERIFY THE CONTENTS OF THE LETTER;
   (3) A LETTER ATTESTING TO THE APPLICANT'S EMPLOYMENT HISTORY ISSUED BY
 A CHARITABLE ORGANIZATION REGISTERED WITH THE CHARITIES  BUREAU  OF  THE
 NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL OR OTHER ENTITY DESIGNATED
 BY  THE  COMMISSIONER  AND  BASED ON DIRECT KNOWLEDGE THAT THE APPLICANT
 EARNED AT LEAST FOUR THOUSAND FIFTY DOLLARS IN GROSS WAGES  OR  EARNINGS
 AND  WORKED  IN  AT  LEAST  THREE  CALENDAR  MONTHS IN THE TWELVE MONTHS
 DIRECTLY PRIOR TO WHEN THE  APPLICANT  BECAME  UNEMPLOYED  OR  PARTIALLY
 UNEMPLOYED,  ACQUIRED IN THE COURSE OF CONDUCTING INTAKE, INTERVIEWS, OR
 OTHER STANDARD PROCESSES RELATED TO THE PROVISION OF JOB-RELATED  DIRECT
 SERVICES TO THE APPLICANT; OR
   (4)  A  COMPLAINT,  CHARGE, OR EQUIVALENT DOCUMENT FILED WITH A LOCAL,
 STATE, OR FEDERAL AGENCY OR COURT,  AND  ACKNOWLEDGED  BY  SUCH  ENTITY,
 ALLEGING  THAT  THE APPLICANT WORKED IN NEW YORK STATE IN AT LEAST THREE
 CALENDAR MONTHS AND EARNED AT LEAST FOUR THOUSAND FIFTY DOLLARS IN GROSS
 WAGES OR EARNINGS IN THE TWELVE-MONTH PERIOD DIRECTLY PRIOR TO THE  DATE
 THE APPLICANT CERTIFIES THAT HE OR SHE BECAME ELIGIBLE FOR BENEFITS.
   (II) FOR THREE POINTS:
   (1)  A  FEDERAL  TAX  RETURN FOR THE TAX YEAR IMMEDIATELY PRIOR TO THE
 YEAR IN WHICH THE APPLICANT BECAME UNEMPLOYED OR  PARTIALLY  UNEMPLOYED,
 WITH  PROOF  OF  FILING WITH THE INTERNAL REVENUE SERVICE USING A SOCIAL
 SECURITY NUMBER OR VALID UNITED STATES INDIVIDUAL  TAXPAYER  IDENTIFICA-
 TION NUMBER;
   (2)  A STATE TAX RETURN FOR THE TAX YEAR IMMEDIATELY PRIOR TO THE YEAR
 IN WHICH THE APPLICANT BECAME UNEMPLOYED OR PARTIALLY UNEMPLOYED,  FILED
 WITH  THE  DEPARTMENT  OF  TAXATION  AND FINANCE USING A SOCIAL SECURITY
 NUMBER OR VALID UNITED STATES INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER;
 OR
   (3) A FORM W-2 OR 1099 FORM DEMONSTRATING FOUR THOUSAND FIFTY  DOLLARS
 OR MORE IN GROSS WAGES OR EARNINGS FOR THE TAX YEAR IMMEDIATELY PRIOR TO
 THE  YEAR  IN  WHICH  THE APPLICANT BECAME UNEMPLOYED OR PARTIALLY UNEM-
 PLOYED.
   (III) FOR TWO POINTS:
 S. 8165--A                          9
 
   (1) EVIDENCE, SUCH AS STATEMENTS ISSUED BY  A  FINANCIAL  INSTITUTION,
 SHOWING  REGULAR  DIRECT DEPOSITS MADE BY THE EMPLOYER TO THE APPLICANT,
 OR REGULAR DEPOSITS OF CASH EARNINGS OR CHECKS MADE BY THE APPLICANT  TO
 THE  APPLICANT'S  BANK  ACCOUNT,  OR TRANSFERS FROM AN ENTITY OR FROM AN
 UNRELATED  INDIVIDUAL  (IN EACH CASE THAT IS NOT DETERMINED TO NOT BE AN
 EMPLOYER) TO THE APPLICANT;
   (2) RECEIPTS FROM A CHECK CASHING ESTABLISHMENT  OR  TRANSACTION  LOGS
 FROM  A  PAYMENT APP, OF REGULAR DIRECT DEPOSITS, DEPOSITS, OR TRANSFERS
 FROM AN ENTITY OR FROM AN UNRELATED INDIVIDUAL (IN EACH CASE THAT IS NOT
 DETERMINED TO NOT BE AN EMPLOYER) TO THE APPLICANT;
   (3) AN EMPLOYER ISSUED IDENTIFICATION BADGE;
   (4) EMAILS, TEXT MESSAGES, SOCIAL MEDIA POSTS OR  MESSAGES,  OR  OTHER
 WRITTEN COMMUNICATIONS RELATING TO DELIVERY ORDER SHEETS, WORK INVOICES,
 POINT  OF  SALE  RECEIPTS,  WORK  SCHEDULES, SIGN-IN SHEETS, TIMESHEETS,
 DIRECTIONS OR INSTRUCTIONS FROM  EMPLOYERS  OR  OTHER  WRITTEN  COMMUNI-
 CATIONS  BETWEEN AN APPLICANT AND AN EMPLOYER OR HIRING PARTY ESTABLISH-
 ING THE EXISTENCE OF A WORK RELATIONSHIP;
   (5) DOCUMENTS OR MATERIALS ISSUED  BY  AN  EMPLOYER  TO  AN  EMPLOYEE,
 INCLUDING  ANY  MATERIALS CONTAINING THE EMPLOYER'S MAILING ADDRESS, THE
 EMPLOYER'S NEW YORK  STATE  UNEMPLOYMENT  INSURANCE  ACCOUNT  NUMBER  OR
 FEDERAL  EMPLOYMENT  IDENTIFICATION  NUMBER,  AND  CONTACT  INFORMATION,
 INCLUDING A PHONE NUMBER, FROM A REPRESENTATIVE OF SUCH EMPLOYER; OR
   (6) RECEIPTS OR RECORDS SHOWING A CONSECUTIVE PATTERN OF COMMUTING  TO
 AND  FROM  A  WORK  LOCATION, SUCH AS TOLL RECORDS, PARKING RECEIPTS, OR
 PUBLIC TRANSPORTATION RECORDS.
   (IV) THE COMMISSIONER MAY, BY REGULATION, ESTABLISH ALTERNATIVE  DOCU-
 MENTS THAT SUFFICIENTLY DEMONSTRATE AN APPLICANT'S QUALIFICATION FOR THE
 PROGRAM,  PROVIDED  THAT  SUCH ADDITIONAL DOCUMENTS SHALL CLEARLY DEMON-
 STRATE THAT THE APPLICANT WAS EMPLOYED IN AT LEAST THREE CALENDAR MONTHS
 AND EARNED AT LEAST FOUR THOUSAND  FIFTY  DOLLARS  IN  THE  TWELVE-MONTH
 PERIOD  PRIOR  TO THE DATE THE APPLICANT CERTIFIES THAT HE OR SHE BECAME
 ELIGIBLE FOR BENEFITS PURSUANT TO THIS SECTION.
   (V) WHERE AN APPLICANT HAS NOT RECEIVED  SUFFICIENT  DOCUMENTATION  OF
 THEIR  WORK  HOURS,  WAGES, OR OTHER EMPLOYMENT RECORDS IN ORDER TO MEET
 THE FOUR POINTS REQUIRED PURSUANT TO THIS  PARAGRAPH,  THE  COMMISSIONER
 SHALL  CONDUCT  A  CREDIBILITY INTERVIEW TO DETERMINE WHETHER THE APPLI-
 CANT'S QUESTIONNAIRE AND/OR DOCUMENTATION  SUBMITTED  REASONABLY  DEMON-
 STRATES THAT THEY MEET THE WORK-RELATED ELIGIBILITY REQUIREMENTS OF THIS
 PROGRAM.    THE  COMMISSIONER  MAY  ESTABLISH PROCEDURES FOR CREDIBILITY
 INTERVIEWS IN CASES WHEN DOCUMENTS USED TO MEET THE FOUR POINT ELIGIBIL-
 ITY NEED ADDITIONAL VERIFICATION OR CLARIFICATION.
   5. THE DEPARTMENT SHALL ESTABLISH APPLICATION PROCEDURES  WHICH  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A)  CREATING  A  USER-FRIENDLY,  AND  LANGUAGE-ACCESSIBLE WEBSITE FOR
 APPLICATION TO THE PROGRAM. THE DEPARTMENT SHALL PROVIDE TRANSLATION  OF
 THE  WEBSITE AND APPLICATION FORMS ON THE WEBSITE IN THE TEN MOST COMMON
 NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED-ENGLISH  PROFI-
 CIENCY IN THE STATE OF NEW YORK;
   (B) ESTABLISHING, IN COLLABORATION WITH THE DIRECTOR OF THE BUDGET, AN
 EXCLUDED  WORKER  UNEMPLOYMENT  PROGRAM  NAVIGATOR  GRANT FOR NON-PROFIT
 AGENCIES TO HELP SCREEN POTENTIAL APPLICANTS ON WHETHER THEY ARE  ELIGI-
 BLE  FOR  THE  PROGRAM  AND  TO  ASSIST  APPLICANTS  IN APPLYING FOR THE
 PROGRAM.  SUCH NAVIGATOR GRANT SHALL BE ESTABLISHED  BY  JANUARY  FIRST,
 TWO THOUSAND TWENTY-THREE;
   (C) REQUIRING THAT ALL APPLICATIONS FOR THE PROGRAM SHALL BE PROCESSED
 WITHIN FOUR WEEKS OF THE RECEIPT OF A COMPLETED APPLICATION. THE DEPART-
 S. 8165--A                         10

 MENT  SHALL  PROVIDE A RESPONSE TO EACH APPLICANT ON WHETHER SUCH APPLI-
 CANT IS ELIGIBLE FOR THE  PROGRAM,  UNLESS  THE  LOCAL  JURISDICTION  IS
 FACING EXTENUATING CIRCUMSTANCES;
   (D)  PROVIDING  NOTICE  TO  THE PUBLIC AT LEAST FOURTEEN DAYS PRIOR TO
 CLOSING THE APPLICATION PROCESS PERIOD TO APPLICANTS;
   (E) PROCESSES FOR REVIEWING  APPLICATIONS  THAT  HAVE  BEEN  REJECTED,
 EITHER IN WHOLE OR IN PART. REVIEWS SHALL BE CONDUCTED IN A MANNER SPEC-
 IFIED BY THE COMMISSIONER. SUCH PROCESSES SHALL REQUIRE THE COMMISSIONER
 TO PROVIDE A DETAILED EXPLANATION OF THE REASON FOR DENIAL TO ANY APPLI-
 CANT WHOSE APPLICATION HAS BEEN DENIED;
   (F)  PROVIDING ALL NOTICES TO THE APPLICANT IN THE APPLICANT'S PRIMARY
 LANGUAGE, AS INDICATED IN THEIR INITIAL APPLICATION;
   (G) ISSUING A WRITTEN NOTICE OF DETERMINATION TO THE APPLICANT  WITHIN
 FIVE CALENDAR DAYS OF REACHING A DETERMINATION OF THE APPLICANT'S ELIGI-
 BILITY FOR BENEFITS UNDER THIS PROGRAM; AND
   (H)  ESTABLISHING PROCEDURES FOR DENIALS AND APPEALS WHICH, AT A MINI-
 MUM, PROVIDE THAT:
   (I) WHEN AN APPLICATION IS DENIED, THE DEPARTMENT SHALL INCLUDE IN THE
 NOTICE OF DETERMINATION A SPECIFIC EXPLANATION AS TO THE REASON FOR  THE
 DENIAL  AND DETAILED INSTRUCTIONS AS TO WHAT DOCUMENTATION OR DOCUMENTED
 JUSTIFICATION IS NEEDED TO REVERSE THE DETERMINATION;
   (II) THE DEPARTMENT MAY CREATE AN APPEAL FORM IN THE TEN  MOST  COMMON
 NON-ENGLISH  LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED-ENGLISH PROFI-
 CIENCY IN THE STATE OF NEW YORK. SUCH FORM SHALL BE  INCLUDED  WITH  THE
 NOTICE  OF  DETERMINATION  AND  SHALL  BE  IN  THE  APPLICANT'S  PRIMARY
 LANGUAGE, AS INDICATED IN THEIR INITIAL APPLICATION;
   (III) AN APPLICANT MAY FILE AN APPEAL WITHIN SIXTY DAYS AFTER  RECEIPT
 OF  THE  NOTICE  OF  DETERMINATION REQUIRED PURSUANT TO PARAGRAPH (G) OF
 THIS SUBDIVISION;
   (IV) AN APPLICANT MAY SUBMIT THE APPEALS FORM PROVIDED BY THE  DEPART-
 MENT  PURSUANT TO THIS PARAGRAPH, IN ADDITION TO ANY ADDITIONAL INFORMA-
 TION OR DOCUMENTATION REQUIRED TO SUPPORT THE  APPLICANT'S  POSITION  IN
 FILING THEIR APPEAL;
   (V) THE DEPARTMENT SHALL NOTIFY THE APPLICANT IN WRITING OF THE DETER-
 MINATION ON THE APPEAL OR OF THE NEED FOR ADDITIONAL INFORMATION AND THE
 DATE  BY WHICH THE INFORMATION MUST BE PROVIDED. SUCH NOTIFICATION SHALL
 BE PROVIDED TO THE APPLICANT  WITHIN  THIRTY  DAYS  FROM  THE  DATE  THE
 DEPARTMENT  RECEIVES  THE APPEAL AND SHALL PROVIDE THE APPLICANT WITH AT
 LEAST TWENTY-ONE DAYS' NOTICE TO PROVIDE ADDITIONAL INFORMATION  TO  THE
 DEPARTMENT; AND
   (VI) THE DEPARTMENT SHALL NOTIFY THE APPLICANT IN WRITING OF ITS FINAL
 DETERMINATION  ON THE APPEAL WITHIN THIRTY DAYS FOLLOWING THE RECEIPT OF
 ANY ADDITIONAL INFORMATION OR FOLLOWING EXPIRATION  OF  THE  PERIOD  FOR
 PROVIDING SUCH INFORMATION.
   6.  (A)  PERSONS ELIGIBLE TO RECEIVE FUNDING SHALL BE GIVEN THE OPTION
 TO RECEIVE SUCH FUNDS VIA PREPAID ATM CARD OR DIRECT DEPOSIT INTO A BANK
 ACCOUNT OF THEIR DESIGNATION.
   (B) IF AN APPLICANT ELECTS TO RECEIVE FUNDS VIA PREPAID ATM CARD, SUCH
 CARD:
   (I) SHALL BE SENT TO THE ADDRESS THE APPLICANT PROVIDED TO THE DEPART-
 MENT. IF THE APPLICANT RECEIVES FUNDING FOR MORE THAN  ONE  MONTH,  SUCH
 FUNDS SHALL BE SENT TO THE SAME DEBIT CARD;
   (II)  SHALL  BE LIMITED TO TWO PIN-BASED WITHDRAWALS PER MONTH. RETAIL
 TRANSACTIONS, ONLINE TRANSACTIONS, AND TELLER DESK WITHDRAWALS SHALL  BE
 UNLIMITED.  THERE  SHALL  BE  NO  LIMIT FOR CASH WITHDRAWALS MADE AT THE
 TELLER DESK ON SUCH CARDS.
 S. 8165--A                         11
 
   (III) THE DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF  FINANCIAL
 SERVICES, SHALL ISSUE GUIDANCE TO BANKS REGARDING ACCEPTABLE IDENTIFICA-
 TION  DOCUMENTS TO BE ACCEPTED FOR WITHDRAWALS. SUCH DOCUMENTATION SHALL
 MIRROR THE DOCUMENTATION TO PROVE ELIGIBILITY UNDER THIS PROGRAM TO  THE
 MAXIMUM EXTENT POSSIBLE.
   (C) IF AN APPLICANT CHOOSES TO RECEIVE FUNDING VIA DIRECT DEPOSIT:
   (I)  THE APPLICANT SHALL SUBMIT BANK INFORMATION WHILE FILLING OUT THE
 APPLICATION OR BY SUBMITTING A  BANK  ACCOUNT  PURSUANT  TO  REGULATIONS
 PROMULGATED BY THE DEPARTMENT.
   (II)  THE  DEPARTMENT SHALL CONDUCT A REVIEW TO ENSURE THAT THE NECES-
 SARY ANTI-FRAUD PROVISIONS FOR BANK ACCOUNT DIRECT DEPOSITS EXIST.   THE
 DEPARTMENT  SHALL  HAVE THE RIGHT TO RESTRICT DIRECT DEPOSIT PAYMENTS IF
 SUCH PAYMENTS VIOLATE REQUISITE ANTI-FRAUD PROVISIONS.
   (D) THE DISBURSEMENT OF FUNDS SHALL BE ACCOMPANIED BY A DOCUMENT  FROM
 THE  DEPARTMENT OR THE DEPARTMENT OF TAXATION AND FINANCE, THAT EXPLAINS
 THAT SUCH FUNDS COUNT AS INCOME OR WAGE REPLACEMENT AND ARE  SUBJECT  TO
 THE  PAYMENT  OF TAXES. SUCH FORM SHALL ALSO INCLUDE INFORMATION RELATED
 TO THE STATE TAX RATE.
   (E) (I) THE DEPARTMENT, IN COORDINATION WITH THE ADMINISTRATOR OF  THE
 FUND,  SHALL  PROMULGATE  RULES  AND  REGULATIONS NECESSARY TO CREATE AN
 EFFICIENT AND EFFECTIVE DISPUTE PROCESS FOR CHARGES A RECIPIENT OF FUNDS
 UNDER THIS PROGRAM CLAIMS  TO  BE  FRAUDULENT.  SUCH  REGULATIONS  SHALL
 REQUIRE  A PROVISION THAT A BANK DISBURSING FUNDS VIA ATM CARDS SHALL BE
 OBLIGATED TO NOTIFY THE RECIPIENT, BY TELEPHONE CALL OR EMAIL, WHEN: (1)
 A FRAUDULENT CHARGES CLAIM HAS BEEN RECEIVED; (2) WHEN MORE  INFORMATION
 IS  NEEDED;  (3)  WHEN THERE IS ANY STATUS UPDATE; AND (4) WHEN THE CASE
 HAS BEEN RESOLVED AND WHAT THE DETERMINATION IS.
   (II) TO THE EXTENT PRACTICABLE UNDER STATE  AND  FEDERAL  LAW,  AS  IT
 RELATES  TO  CLAIMS OF FRAUD BY A RECIPIENT OF FUNDS UNDER THIS PROGRAM,
 BANKS SHALL ACCEPT A SIGNED AND NOTARIZED ATTESTATION FROM  A  COMMUNITY
 BASED ORGANIZATION CONFIRMING SUCH FRAUD IN LIEU OF POLICE REPORTS.  THE
 DEPARTMENT  SHALL  PROMPTLY  COMMUNICATE  ALL  INFORMATION REGARDING THE
 DISBURSEMENT OF FUNDS AND ANY APPLICABLE FRAUD WARNINGS TO AN APPLICANT,
 IN SUCH APPLICANT'S PREFERRED LANGUAGE AS CHOSEN IN THE ORIGINAL  APPLI-
 CATION.
   7.  ANY  PERSON  WHO  APPLIES  FOR  BENEFITS UNDER THIS CHAPTER OR WHO
 REQUESTS DOCUMENTATION OR EVIDENCE TO SUPPORT AN APPLICATION  FOR  BENE-
 FITS  UNDER  THIS  CHAPTER  SHALL NOT BE SUBJECT TO RETALIATION, AS THAT
 TERM IS USED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO  HUNDRED
 FIFTEEN  OF  THIS  CHAPTER, FOR ENGAGING IN ANY OF THESE ACTIVITIES. FOR
 THE PURPOSES OF THIS SUBDIVISION, RETALIATION SHALL INCLUDE DELIBERATELY
 MISINFORMING A PERSON OR DISSUADING A PERSON FROM APPLYING FOR  BENEFITS
 UNDER  THIS ARTICLE.   VIOLATIONS OF THIS SUBDIVISION SHALL BE DEEMED TO
 BE VIOLATIONS OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
 FIFTEEN OF THIS CHAPTER AND THE CIVIL PENALTIES AND  REMEDIES  OF  PARA-
 GRAPH  (B)  OF SUBDIVISION ONE AND PARAGRAPHS (A) AND (B) OF SUBDIVISION
 TWO OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER SHALL  BE  APPLICABLE
 TO THIS SUBDIVISION.
   8. AT THE TIME OF THEIR APPLICATION, EACH APPLICANT SHALL BE GIVEN THE
 OPTION  TO  REPORT THEIR EMPLOYER OR PREVIOUS EMPLOYER TO THE DEPARTMENT
 IN ORDER TO INITIATE A LABOR DISPUTE REGARDING  WAGE  THEFT,  MISCLASSI-
 FICATION,  RETALIATION,  OR  OTHER  VIOLATIONS  OF THE LABOR LAW. AT THE
 CLOSE OF EACH CALENDAR YEAR, THE DEPARTMENT SHALL PROVIDE  THE  APPLICA-
 TION  DOCUMENTS,  WITH  ANY IDENTIFYING INFORMATION OF INDIVIDUAL APPLI-
 CANTS REDACTED, BUT INCLUDING THE NAMES OF ANY EMPLOYER OF AN APPLICANT,
 TO A LIAISON OF THE DEPARTMENT'S DIVISION RESPONSIBLE FOR  THE  ENFORCE-
 S. 8165--A                         12
 
 MENT  OF THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT PURSUANT
 TO ARTICLE TWENTY-FIVE-B OF THIS CHAPTER IF:
   (A)  THE  EMPLOYER,  AT  THE  CLOSE  OF  THE YEAR, EMPLOYS TEN OR MORE
 EMPLOYEES; OR
   (B) EMPLOYEES  OF  THE  EMPLOYER  PERFORMED  CONSTRUCTION  WORK  OF  A
 CONSTRUCTION  SITE  IN  NEW  YORK  CITY WHICH WAS REQUIRED BY CODE TO BE
 OVERSEEN BY A CERTIFIED SITE SAFETY MANAGER; AND
   (C) THE APPLICANT IS  A  COVERED  EMPLOYEE  FOR  THE  PURPOSE  OF  THE
 EXCLUDED  WORKER  UNEMPLOYMENT  PROGRAM, DEFINED FOR THESE PURPOSES AS A
 PERSON:
   (I) WHO WAS PAID IN CASH OR PAID WITH A PERSONAL CHECK OR  NON-PAYROLL
 CHECK; AND
   (II)  WHOSE  WAGES  WERE  NOT  REPORTED  TO  THE  TAX COMMISSION BY AN
 "EMPLOYER," AS DEFINED UNDER SECTION FIVE HUNDRED TWELVE OF THIS ARTICLE
 AND AS REQUIRED BY PARAGRAPH FOUR  OF  SUBSECTION  (A)  OF  SECTION  SIX
 HUNDRED SEVENTY-FOUR OF THE TAX LAW; AND
   (III)  WHO  DID  NOT  RECEIVE  A  WAGE STATEMENT FROM THAT EMPLOYER AS
 REQUIRED UNDER SECTION ONE HUNDRED NINETY-FIVE OF THIS CHAPTER; OR
   (IV) WHO RECEIVED AN INTERNAL REVENUE SERVICE FORM  1099-NEC  AND  WHO
 PERFORMED  CONSTRUCTION  WORK  WHICH WOULD BE CONSIDERED NON-EXEMPT WORK
 UNDER THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT.
   (D) THE DEPARTMENT SHALL INVESTIGATE POTENTIAL VIOLATIONS OF  THE  NEW
 YORK  STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT AND AS APPLICABLE ASSESS
 CIVIL PENALTIES AND PROSECUTE VIOLATING EMPLOYERS. IN ORDER  TO  PROTECT
 WORKER  CONFIDENTIALITY,  THE  DEPARTMENT  SHALL CONDUCT BROAD AUDITS OF
 MULTIPLE EMPLOYERS, TO THE EXTENT POSSIBLE.   THE REDACTED  APPLICATIONS
 PROVIDED  UNDER  THIS  SECTION SHALL NOT BE A PUBLIC RECORD AND SHALL BE
 SUBJECT TO THE LIMITATIONS ON DISCLOSURE, REDISCLOSURE, RELEASE, DISSEM-
 INATION, OR OTHER PUBLICATION IN SUBDIVISION ELEVEN OF THIS SECTION.
   9. ALL EXCLUDED WORKER UNEMPLOYMENT PROGRAM PAYMENTS MADE PURSUANT  TO
 THIS SECTION SHALL BE SUBJECT TO THE APPROPRIATION OF FUNDS THEREFOR.
   (A) ELIGIBLE APPLICANTS SHALL BE ELIGIBLE TO RECEIVE UP TO SIX MONTHLY
 EXCLUDED  WORKER  UNEMPLOYMENT  PROGRAM  PAYMENTS PER PROGRAM YEAR. SUCH
 PAYMENTS SHALL BE MADE TO ELIGIBLE APPLICANTS WHO CERTIFY THAT THEY  ARE
 TOTALLY  OR  PARTIALLY  UNEMPLOYED  IN THE PRIOR MONTH AND THAT THEY ARE
 AVAILABLE FOR WORK, AS REQUIRED PURSUANT TO SUBDIVISION  THREE  OF  THIS
 SECTION.  IF ALL MONIES IN THE EXCLUDED WORKER UNEMPLOYMENT PROGRAM FUND
 ARE EXHAUSTED PRIOR TO THE END OF AN ELIGIBLE APPLICANT'S SIX MONTHS  OF
 ELIGIBILITY,  THE  STATE SHALL BE RESPONSIBLE FOR REPLENISHING THE FUNDS
 NEEDED TO PROVIDE WORKERS THE FUNDS  THEY  ARE  OWED  PURSUANT  TO  THIS
 SECTION.
   (B)  THE  ALLOWANCE  PAYABLE  TO  ELIGIBLE  APPLICANTS SHALL BE IN THE
 AMOUNT OF: (I) FOR THE YEAR TWO THOUSAND TWENTY-TWO,  ONE  THOUSAND  TWO
 HUNDRED  DOLLARS PER MONTH; (II) FOR JANUARY FIRST, TWO THOUSAND TWENTY-
 THREE AND THEREAFTER, THE BENEFIT PAYMENT SHALL INCREASE FROM ONE  THOU-
 SAND  TWO  HUNDRED  DOLLARS  PER  MONTH  AT  A  RATE EQUAL TO THE ANNUAL
 PERCENTAGE CHANGE IN THE STATE'S AVERAGE WEEKLY WAGE  AS  DETERMINED  BY
 QUARTER FOUR DATA FROM THE PREVIOUS YEAR'S UNITED STATES BUREAU OF LABOR
 STATISTICS.
   (C)  ELIGIBLE  APPLICANTS  MAY RECEIVE INITIAL AND SUBSEQUENT PAYMENTS
 RETROACTIVELY TO THEIR FIRST MONTH OF  PARTIAL  OR  TOTAL  UNEMPLOYMENT;
 PROVIDED,  HOWEVER,  THAT  NO  MORE  THAN  THREE  MONTHS  OF RETROACTIVE
 PAYMENTS MAY BE MADE AT ONE TIME. SUBSEQUENT PAYMENTS SHALL  BE  CONTIN-
 GENT UPON THE AVAILABILITY OF FUNDS.
 S. 8165--A                         13
 
   (D) FOR THE PURPOSES OF THIS SUBDIVISION, "SUBSEQUENT PAYMENT" MEANS A
 PAYMENT WHICH IS MADE AFTER THE FIRST MONTH AN APPLICANT IS ELIGIBLE FOR
 A PAYMENT FROM THE EXCLUDED WORKER UNEMPLOYMENT PROGRAM.
   (E)  NO  MORE THAN TWENTY-FIVE PERCENT OF THE TOTAL FUNDS APPROPRIATED
 SHALL BE PAID TO WORKERS ELIGIBLE  PURSUANT  TO  SUBPARAGRAPH  (III)  OF
 PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
   (F)  TWENTY-FIVE  PERCENT  OF  THE  TOTAL  FUNDS  APPROPRIATED FOR THE
 PROGRAM SHALL  BE  RESERVED  FOR  INDIVIDUALS  RECEIVING  THEIR  INITIAL
 PAYMENTS MADE AFTER OCTOBER FIRST OF THE PROGRAM YEAR.
   (G)  (I)  INDIVIDUALS THAT HAVE RECEIVED AN INITIAL PAYMENT DURING THE
 PRIOR PROGRAM YEAR CAN CONTINUE TO  APPLY  FOR  AND  RECEIVE  SUBSEQUENT
 PAYMENTS IN THE FOLLOWING YEAR, SUBJECT TO THE AVAILABILITY OF FUNDS.
   (II) INDIVIDUALS THAT APPLY FOR BENEFITS IN THE PRIOR PROGRAM YEAR BUT
 WERE  NOT ELIGIBLE BECAUSE ALL FUNDS WERE APPROPRIATED WHEN THEY APPLIED
 CAN RECEIVE UP TO SIX PAYMENTS RETROACTIVE TO THEIR INITIAL  APPLICATION
 IN THE FOLLOWING YEAR.
   (III) NO MORE THAN TWENTY-FIVE PERCENT OF THE TOTAL FUNDS APPROPRIATED
 SHALL BE PAID TO WORKERS ELIGIBLE PURSUANT TO THIS PARAGRAPH.
   10.  (A)  EXCLUDED WORKER UNEMPLOYMENT PROGRAM NAVIGATORS SHALL ASSIST
 APPLICANTS  APPLYING  FOR  EXCLUDED  WORKER  UNEMPLOYMENT  BENEFITS   AS
 FOLLOWS:
   (I)  THE NAVIGATOR SHALL ASSIST THE POTENTIAL APPLICANT IN THE GATHER-
 ING OF REQUIRED DOCUMENTATION OF RESIDENCY, IDENTITY AND WORK HISTORY TO
 SATISFY THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION;
   (II) TARGET UNDERSERVED POPULATIONS, AS IDENTIFIED BY THE  DEPARTMENT,
 TO  EXPAND  OPPORTUNITIES  FOR EMPLOYMENT THROUGH REEMPLOYMENT SERVICES,
 EDUCATION OR TRAINING OPPORTUNITIES, APPRENTICESHIPS  AND  OTHER  MODELS
 THAT RESULT IN SKILL DEVELOPMENT AND FAMILY-SUPPORTING CAREERS;
   (III)  ASSIST  INDIVIDUALS  WITH  PROCURING FOOD, HOUSING, AND MEETING
 OTHER BASIC NEEDS IN ORDER TO HELP THEM PERSIST IN EDUCATION AND WORK;
   (IV) CONDUCT OUTREACH AND PROVIDE INDIVIDUAL ASSISTANCE AND  EDUCATION
 TO  INDIVIDUALS  APPLYING  FOR AND MAKING ONGOING CLAIMS PURSUANT TO THE
 EXCLUDED NO MORE PROGRAM AND UNEMPLOYMENT COMPENSATION BENEFITS, INCLUD-
 ING PARTIAL UNEMPLOYMENT  BENEFITS  AND  ASSISTANCE  FOR  DISLOCATED  OR
 MARGINALIZED WORKERS AND QUALIFIED ENTITIES. TO BE ELIGIBLE TO BE CERTI-
 FIED  BY THE DEPARTMENT AS AN EXCLUDED WORKER UNEMPLOYMENT PROGRAM NAVI-
 GATOR, AN ENTITY MUST:
   (A) DEMONSTRATE EXISTING PEER RELATIONSHIPS WITH THE TARGET POPULATION
 OF THE EXCLUDED WORKER UNEMPLOYMENT PROGRAM  IMMIGRANTS,  CASH  EARNERS,
 PERSONS  WITH LIMITED ENGLISH PROFICIENCY, RACIAL AND ETHNIC MINORITIES,
 PERSONS WITH LOW LITERACY, PERSONS WITH DISABILITIES AND OTHERS  SEEKING
 TO GAIN EMPLOYMENT; AND
   (B) DEMONSTRATE THE CAPABILITY TO CARRY OUT THE DUTIES OF THIS SECTION
 INCLUDING  KNOWLEDGE  OF  ELIGIBILITY  REQUIREMENTS  AND THE APPLICATION
 PROCESS FOR THE EXCLUDED NO MORE PROGRAM;
   (V) COMPLY WITH  EXISTING  CONFIDENTIALITY  STANDARDS  TO  ENSURE  THE
 PRIVACY  OF ALL INFORMATION COLLECTED FROM INDIVIDUALS RECEIVING NAVIGA-
 TOR SERVICES; AND
   (VI) PROVIDE SERVICES UNDER THIS SECTION WITHOUT CHARGE TO  THE  INDI-
 VIDUALS RECEIVING THOSE SERVICES.
   (B)  THE  DEPARTMENT  SHALL  ESTABLISH  STANDARDS  FOR THE AWARDING OF
 CONTRACTS TO QUALIFIED ENTITIES IN ACCORDANCE WITH THIS SUBDIVISION.
   (C) (I) TO SUPPORT THE MAINTENANCE OF RELATIONSHIPS BETWEEN  QUALIFIED
 ENTITIES AND TARGET POPULATIONS AS IDENTIFIED IN PARAGRAPH (A) OF SUBDI-
 VISION  THREE  OF  THIS SECTION AND TO ENSURE A HIGH QUALITY OF SERVICE,
 THE DEPARTMENT  SHALL AWARD CONTRACTS TO QUALIFIED ENTITIES FOR A  DURA-
 S. 8165--A                         14
 
 TION  OF  THREE YEARS AS LONG AS THE QUALIFIED ENTITIES SATISFY PERFORM-
 ANCE STANDARDS SET FORTH IN THE CONTRACTS.
   (II)  THE  DEPARTMENT  SHALL  GIVE PRIORITY FOR NAVIGATOR CONTRACTS TO
 QUALIFIED ENTITIES THAT ARE A RECOGNIZED SOURCE OF SUPPORT  OR  ADVOCACY
 FOR EXCLUDED WORKERS, ESPECIALLY THOSE AS DESCRIBED IN THIS SUBDIVISION,
 INCLUDING  BUT  NOT  LIMITED  TO  IMMIGRANTS, CASH EARNERS, PERSONS WITH
 LIMITED ENGLISH PROFICIENCY, RACIAL AND ETHNIC MINORITIES, PERSONS  WITH
 LOW  LITERACY,  PERSONS  WITH  DISABILITIES  AND  OTHERS SEEKING TO GAIN
 EMPLOYMENT.   NAVIGATOR SERVICES PROVIDED  BY  QUALIFIED  ENTITIES  THAT
 RECEIVE  NAVIGATOR  CONTRACTS  SHALL BE COORDINATED WITH AND SUPPLEMENT,
 NOT SUPPLANT, SERVICES PROVIDED BY THE DEPARTMENT.
   (III) THE DEPARTMENT SHALL ENSURE THAT SELECTED QUALIFIED ENTITIES  DO
 NOT  PERFORM  FUNCTIONS  THAT  MUST  BE  PERFORMED  BY DEPARTMENT STAFF,
 INCLUDING FOLLOWING UP ON MATTERS OF INDIVIDUAL ELIGIBILITY AND  RESOLV-
 ING SUCH MATTERS.
   (D)  ALL  NAVIGATOR  SERVICES PROVIDED UNDER THIS SUBDIVISION SHALL BE
 PERFORMED IN A MANNER THAT IS CULTURALLY AND LINGUISTICALLY  APPROPRIATE
 TO THE POPULATION SERVED, IMMIGRANTS, CASH EARNERS, PERSONS WITH LIMITED
 ENGLISH  PROFICIENCY,  RACIAL  AND  ETHNIC  MINORITIES, PERSONS WITH LOW
 LITERACY, PERSONS WITH DISABILITIES AND OTHERS SEEKING TO  GAIN  EMPLOY-
 MENT,  WHILE  RECOGNIZING  THE  VARYING  LEVELS  OF DIGITAL LITERACY AND
 ACCESS TO TECHNOLOGY AMONG INDIVIDUALS IN NEED OF SERVICES.
   11. (A) (I) EXCEPT WHERE NECESSARY  TO  COMPLY  WITH  A  LAWFUL  COURT
 ORDER,  JUDICIAL WARRANT SIGNED BY A JUDGE APPOINTED PURSUANT TO ARTICLE
 III OF THE UNITED STATES CONSTITUTION, SUBPOENA FOR  INDIVIDUAL  RECORDS
 ISSUED  PURSUANT TO THE CRIMINAL PROCEDURE LAW OR THE CIVIL PRACTICE LAW
 AND RULES, OR IN ACCORDANCE WITH THIS  SECTION,  NO  RECORD  OR  PORTION
 THEREOF  RELATING TO AN APPLICANT OR WORKER WHO HAS FILED AN APPLICATION
 FOR BENEFITS PURSUANT TO THIS SECTION SHALL BE A PUBLIC  RECORD  AND  NO
 SUCH  RECORD  SHALL BE DISCLOSED, REDISCLOSED, RELEASED, DISSEMINATED OR
 OTHERWISE PUBLISHED OR MADE AVAILABLE.
   (II) FOR PURPOSES OF THIS SUBDIVISION:
   (1) "RECORD" MEANS AN APPLICATION, A CLAIM FILE, A  FILE  REGARDING  A
 COMPLAINT  OR  CIRCUMSTANCES  FOR  WHICH  NO  APPLICATION HAS BEEN MADE,
 AND/OR ANY RECORDS MAINTAINED BY THE DEPARTMENT IN ELECTRONIC  DATABASES
 IN  WHICH INDIVIDUAL APPLICANTS, RECIPIENTS OR WORKERS ARE IDENTIFIABLE,
 OR ANY OTHER INFORMATION RELATING TO ANY PERSON WHO  HAS  HERETOFORE  OR
 HEREAFTER  FILED  AN  APPLICATION FOR BENEFITS PURSUANT TO THIS SECTION,
 INCLUDING A COPY OR ORAL DESCRIPTION OF A RECORD WHICH IS OR WAS IN  THE
 POSSESSION  OR CUSTODY OF THE DEPARTMENT, ITS OFFICERS, MEMBERS, EMPLOY-
 EES OR AGENTS.
   (2) "PERSON" MEANS ANY NATURAL PERSON, CORPORATION, ASSOCIATION, PART-
 NERSHIP, OR OTHER PUBLIC OR PRIVATE ENTITY.
   (3) "INDIVIDUALLY IDENTIFIABLE INFORMATION" MEANS ANY DATA  CONCERNING
 ANY  APPLICATION,  BENEFIT  OR  POTENTIAL APPLICATION OR BENEFIT THAT IS
 LINKED TO AN IDENTIFIABLE WORKER OR OTHER NATURAL PERSON, INCLUDING  BUT
 NOT LIMITED TO A PHOTO IMAGE, SOCIAL SECURITY NUMBER, TAX IDENTIFICATION
 NUMBER,  TELEPHONE  NUMBER,  PLACE OF BIRTH, COUNTRY OF ORIGIN, PLACE OF
 EMPLOYMENT,  SCHOOL  OR  EDUCATIONAL  INSTITUTION  ATTENDED,  SOURCE  OF
 INCOME,  STATUS  AS A RECIPIENT OF PUBLIC BENEFITS, CUSTOMER IDENTIFICA-
 TION NUMBER ASSOCIATED WITH A PUBLIC UTILITIES ACCOUNT,  OR  MEDICAL  OR
 DISABILITY INFORMATION.
   (B)  RECORDS  WHICH CONTAIN INDIVIDUALLY IDENTIFIABLE INFORMATION MAY,
 UNLESS OTHERWISE PROHIBITED BY LAW, BE DISCLOSED TO:
   (I) OFFICERS, MEMBERS AND EMPLOYEES OF THE DEPARTMENT IF SUCH  DISCLO-
 SURE  IS  NECESSARY TO THE PERFORMANCE OF THEIR OFFICIAL DUTIES PURSUANT
 S. 8165--A                         15
 
 TO A PURPOSE OF THE DEPARTMENT REQUIRED TO BE ACCOMPLISHED BY STATUTE OR
 EXECUTIVE ORDER OR OTHERWISE NECESSARY TO ACT UPON  AN  APPLICATION  FOR
 BENEFITS  SUBMITTED  BY  THE PERSON WHO IS THE SUBJECT OF THE PARTICULAR
 RECORD;
   (II)  OFFICERS  OR EMPLOYEES OF ANOTHER GOVERNMENTAL UNIT, OR AGENT OR
 CONTRACTORS OF ANOTHER GOVERNMENTAL UNIT AT THE REQUEST OR DIRECTION  OF
 SUCH  GOVERNMENTAL  UNIT,  IF  THE INFORMATION SOUGHT TO BE DISCLOSED IS
 NECESSARY TO ACT UPON AN  APPLICATION  FOR  BENEFITS  SUBMITTED  BY  THE
 PERSON WHO IS THE SUBJECT OF THE PARTICULAR RECORD;
   (III)  A  JUDICIAL OR ADMINISTRATIVE OFFICER OR EMPLOYEE IN CONNECTION
 WITH AN ADMINISTRATIVE OR JUDICIAL PROCEEDING IF THE INFORMATION  SOUGHT
 TO  BE  DISCLOSED  IS  NECESSARY TO ACT UPON AN APPLICATION FOR BENEFITS
 SUBMITTED BY THE PERSON WHO IS THE SUBJECT OF THE PARTICULAR RECORD; AND
   (IV) A PERSON ENGAGED IN BONA FIDE STATISTICAL RESEARCH, INCLUDING BUT
 NOT LIMITED TO ACTUARIAL STUDIES AND HEALTH AND  SAFETY  INVESTIGATIONS,
 WHICH ARE AUTHORIZED BY STATUTE OR REGULATION OF THE DEPARTMENT OR OTHER
 GOVERNMENTAL  AGENCY. INDIVIDUALLY IDENTIFIABLE INFORMATION SHALL NOT BE
 DISCLOSED UNLESS THE RESEARCHER HAS ENTERED INTO  AN  AGREEMENT  NOT  TO
 DISCLOSE   ANY  INDIVIDUALLY  IDENTIFIABLE  INFORMATION  WHICH  CONTAINS
 RESTRICTIONS NO LESS RESTRICTIVE THAN THE RESTRICTIONS SET FORTH IN THIS
 SECTION AND WHICH INCLUDES AN AGREEMENT THAT ANY RESEARCH FINDINGS SHALL
 NOT DISCLOSE INDIVIDUALLY IDENTIFIABLE INFORMATION.
   (C) NOTWITHSTANDING THE RESTRICTIONS ON DISCLOSURE SET FORTH IN  PARA-
 GRAPHS  (A)  AND (B) OF THIS SUBDIVISION, AN APPLICANT MAY AUTHORIZE THE
 RELEASE, RE-RELEASE OR PUBLICATION OF HIS OR HER RECORD  TO  A  SPECIFIC
 PERSON  NOT  OTHERWISE  AUTHORIZED TO RECEIVE SUCH RECORD, BY SUBMITTING
 WRITTEN AUTHORIZATION FOR SUCH RELEASE  TO  THE  DEPARTMENT  ON  A  FORM
 PRESCRIBED  BY THE COMMISSIONER OR BY A NOTARIZED ORIGINAL AUTHORIZATION
 SPECIFICALLY DIRECTING THE DEPARTMENT TO RELEASE THE APPLICANT'S RECORDS
 TO SUCH PERSON; PROVIDED, HOWEVER, THAT NO SUCH AUTHORIZATION  DIRECTING
 DISCLOSURE  OF  RECORDS  TO  A  PROSPECTIVE EMPLOYER SHALL BE VALID, NOR
 SHALL AN AUTHORIZATION PERMITTING DISCLOSURE OF  RECORDS  IN  CONNECTION
 WITH  ASSESSING  FITNESS  OR  CAPABILITY FOR EMPLOYMENT BE VALID, AND NO
 DISCLOSURE OF RECORDS SHALL BE MADE PURSUANT THERETO. IT SHALL BE UNLAW-
 FUL FOR ANY PERSON TO CONSIDER FOR THE PURPOSE OF ASSESSING  ELIGIBILITY
 FOR BENEFITS, OR AS THE BASIS FOR AN EMPLOYMENT-RELATED ACTION, AN INDI-
 VIDUAL'S FAILURE TO PROVIDE AUTHORIZATION UNDER THIS PARAGRAPH.
   (D)  FOR  THE PURPOSES OF THIS SECTION, WHENEVER DISCLOSURE OF RECORDS
 IS SOUGHT PURSUANT TO A LAWFUL COURT ORDER, JUDICIAL WARRANT SIGNED BY A
 JUDGE PURSUANT TO ARTICLE III OF  THE  UNITED  STATES  CONSTITUTION,  OR
 SUBPOENA FOR INDIVIDUAL RECORDS PROPERLY ISSUED PURSUANT TO THE CRIMINAL
 PROCEDURE  LAW  OR  THE CIVIL PRACTICE LAW AND RULES OR PURSUANT TO THIS
 SUBDIVISION, SUCH SPECIFICALLY SOUGHT RECORDS MAY BE DISCLOSED, AND  ANY
 SUCH  DISCLOSURE  SHALL BE LIMITED ONLY TO SUCH RECORDS AS ARE NECESSARY
 TO FULFILL THE PURPOSE OF SUCH DISCLOSURE.
   (E) THE COMMISSIONER SHALL REQUIRE ANY PERSON OR ENTITY THAT  RECEIVES
 OR HAS ACCESS TO RECORDS TO CERTIFY THAT, BEFORE SUCH RECEIPT OR ACCESS,
 SUCH PERSON OR ENTITY SHALL NOT:
   (I) USE SUCH RECORDS OR INFORMATION FOR CIVIL IMMIGRATION PURPOSES; OR
   (II) DISCLOSE SUCH RECORDS OR INFORMATION TO ANY AGENCY THAT PRIMARILY
 ENFORCES  IMMIGRATION LAW OR TO ANY EMPLOYEE OR AGENT OF ANY SUCH AGENCY
 UNLESS SUCH DISCLOSURE IS PURSUANT TO A COOPERATIVE ARRANGEMENT  BETWEEN
 CITY,  STATE  AND  FEDERAL  AGENCIES  WHICH ARRANGEMENT DOES NOT ENFORCE
 IMMIGRATION LAW AND WHICH DISCLOSURE IS LIMITED TO THE SPECIFIC  RECORDS
 OR  INFORMATION  BEING SOUGHT PURSUANT TO SUCH ARRANGEMENT. VIOLATION OF
 SUCH CERTIFICATION SHALL BE A CLASS A MISDEMEANOR. IN  ADDITION  TO  ANY
 S. 8165--A                         16
 
 RECORDS  REQUIRED TO BE KEPT PURSUANT TO SUBDIVISION (C) OF SECTION 2721
 OF TITLE 18 OF THE UNITED STATES CODE, ANY PERSON OR  ENTITY  CERTIFYING
 PURSUANT TO THIS PARAGRAPH SHALL KEEP FOR A PERIOD OF FIVE YEARS RECORDS
 OF  ALL  USES  AND  IDENTIFYING  EACH  PERSON  OR  ENTITY THAT PRIMARILY
 ENFORCES IMMIGRATION LAW THAT RECEIVED DEPARTMENT RECORDS OR INFORMATION
 FROM SUCH CERTIFYING PERSON OR ENTITY. SUCH RECORDS SHALL BE  MAINTAINED
 IN  A MANNER AND FORM PRESCRIBED BY THE COMMISSIONER AND SHALL BE AVAIL-
 ABLE FOR INSPECTION BY THE COMMISSIONER OR HIS OR HER DESIGNEE UPON  HIS
 OR HER REQUEST.
   (III)  FOR PURPOSES OF THIS PARAGRAPH, THE TERM "AGENCY THAT PRIMARILY
 ENFORCES IMMIGRATION LAW" SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  THE
 UNITED  STATES  IMMIGRATION  AND  CUSTOMS  ENFORCEMENT AND UNITED STATES
 CUSTOMS AND BORDER PROTECTION, AND ANY SUCCESSOR AGENCIES HAVING SIMILAR
 DUTIES.
   (IV) FAILURE TO MAINTAIN RECORDS AS REQUIRED BY THIS  PARAGRAPH  SHALL
 BE A CLASS E FELONY.
   (F)  EXCEPT  AS OTHERWISE PROVIDED BY THIS SUBDIVISION, ANY PERSON WHO
 KNOWINGLY AND WILLFULLY OBTAINS RECORDS WHICH CONTAIN INDIVIDUALLY IDEN-
 TIFIABLE INFORMATION UNDER FALSE PRETENSES OR  OTHERWISE  VIOLATES  THIS
 SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
   (G)  IN  ADDITION  TO  OR IN LIEU OF ANY CRIMINAL PROCEEDING AVAILABLE
 PURSUANT TO THIS SUBDIVISION, WHENEVER THERE SHALL  BE  A  VIOLATION  OF
 THIS SUBDIVISION, APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE
 NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
 JURISDICTION  BY  A  SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
 NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE  DAYS,  TO  ENJOIN  AND
 RESTRAIN  THE  CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO
 THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN
 FACT,  VIOLATED  THIS  SUBDIVISION,  AN INJUNCTION MAY BE ISSUED BY SUCH
 COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
 OUT REQUIRING PROOF THAT ANY  PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR
 DAMAGED  THEREBY.  IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES
 TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)
 OF  SECTION  EIGHTY-THREE  HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND
 RULES, AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A
 VIOLATION OF THIS SUBDIVISION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
 PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE  FIRST  VIOLATION,
 AND  NOT  MORE  THAN  ONE  THOUSAND DOLLARS FOR THE SECOND OR SUBSEQUENT
 VIOLATION WITHIN A  THREE-YEAR  PERIOD.  IN  CONNECTION  WITH  ANY  SUCH
 PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   12. NOTWITHSTANDING ANY LAW, RULE,  OR  REGULATION  TO  THE  CONTRARY,
 GENERAL  OPERATING FUNDS REQUIRED BY THE DEPARTMENT SHALL NOT BE REDUCED
 DUE TO MONIES EXPENDED FROM  OR  BY  THE  EXCLUDED  WORKER  UNEMPLOYMENT
 PROGRAM  FUND ESTABLISHED PURSUANT TO SECTION NINETY-FIVE-K OF THE STATE
 FINANCE LAW.
   § 3. The state finance law is amended by adding a new section 95-k  to
 read as follows:
   §  95-K. EXCLUDED WORKER UNEMPLOYMENT PROGRAM FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER  OF  TAXATION  AND
 FINANCE  AND  THE  STATE  COMPTROLLER  A SPECIAL FUND TO BE KNOWN AS THE
 "EXCLUDED WORKER UNEMPLOYMENT PROGRAM FUND".
   2. MONEYS IN SUCH FUND SHALL CONSIST OF ALL  MONEYS  APPROPRIATED  FOR
 THE  PURPOSES  OF  SUCH  FUND  AND  ALL MONEYS APPROPRIATED, CREDITED OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO  LAW.  ANY
 S. 8165--A                         17
 
 INTEREST  RECEIVED  BY  THE  COMPTROLLER ON MONEY ON DEPOSIT IN THE FUND
 SHALL BE RETAINED IN AND BECOME PART OF THE FUND.
   3. ALL MONEYS COLLECTED AS CONTRIBUTIONS AND INTEREST RELATING TO WAGE
 REPLACEMENT  TO WORKERS AND FAMILIES UNABLE TO ACCESS TRADITIONAL WORKER
 WAGE INSURANCE OR ASSISTANCE PROGRAMS SHALL  BE  DEPOSITED  IN  A  BANK,
 TRUST  COMPANY  OR  INDUSTRIAL BANK DESIGNATED BY THE STATE COMPTROLLER.
 MONEYS SO DEPOSITED SHALL BE CREDITED IMMEDIATELY TO THE ACCOUNT OF  THE
 EXCLUDED  WORKER  UNEMPLOYMENT  PROGRAM  FUND  AND SHALL BE USED FOR THE
 PURPOSES SET FORTH IN SECTION FIVE HUNDRED  NINETY-ONE-B  OF  THE  LABOR
 LAW.    MONEYS  IN SUCH FUND MAY BE INVESTED BY THE STATE COMPTROLLER IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION NINETY-EIGHT OF THIS  ARTICLE,
 AND SHALL ONLY BE USED FOR THE PURPOSES SPECIFIED HEREIN.
   4.  MONEYS  IN  THE  FUND SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF
 PROVIDING WAGE REPLACEMENT TO WORKERS THAT DO NOT QUALIFY FOR  UNEMPLOY-
 MENT  INSURANCE  OR  OTHER  WORKER WAGE ASSISTANCE PROGRAMS AND WHO HAVE
 LOST A MAJOR SOURCE OF INCOME DUE TO LOST WORK. THE MONEYS SHALL BE PAID
 OUT OF THE FUND ON THE AUDIT AND WARRANT OF  THE  STATE  COMPTROLLER  ON
 VOUCHERS  CERTIFIED  OR APPROVED BY SUCH COMMISSIONER OR HIS OR HER DULY
 DESIGNATED OFFICER. ANY BALANCE IN SUCH FUND SHALL NOT LAPSE AT ANY TIME
 BUT SHALL REMAIN CONTINUOUSLY AVAILABLE FOR SUCH PURPOSES.
   5. MONEYS OF THE FUND SHALL NOT BE USED IN WHOLE OR IN  PART  FOR  ANY
 PURPOSE OR IN ANY MANNER WHICH WOULD (A) PERMIT ITS SUBSTITUTION FOR, OR
 A  CORRESPONDING  REDUCTION IN, FEDERAL FUNDS THAT WOULD BE AVAILABLE IN
 ITS ABSENCE TO FINANCE EXPENDITURES FOR THE ADMINISTRATION OF THIS ARTI-
 CLE; OR (B) CAUSE THE APPROPRIATE AGENCY OF THE UNITED STATES GOVERNMENT
 TO WITHHOLD ANY PART OF AN ADMINISTRATIVE GRANT WHICH WOULD OTHERWISE BE
 MADE.
   § 4. The sum of eight hundred million dollars ($800,000,000) is hereby
 appropriated from any moneys in the state treasury in the  general  fund
 to  the  credit  of  the  state purposes account for the excluded worker
 unemployment program fund in carrying out the provisions  of  this  act.
 Such  sum  shall  be payable on the audit and warrant of the state comp-
 troller on vouchers certified or approved in the manner provided by law.
 No expenditure shall be made from this appropriation until a certificate
 of approval of availability shall have been issued by  the  director  of
 the  budget  and  filed with the state comptroller and a copy filed with
 the chairman of the senate finance committee and  the  chairman  of  the
 assembly  ways and means committee. Such certificate may be amended from
 time to time by the director of the budget  and  a  copy  of  each  such
 amendment shall be filed with the state comptroller, the chairman of the
 senate finance committee and the chairman of the assembly ways and means
 committee.
   § 5. Severability Clause. If any clause, sentence, paragraph, subdivi-
 sion,  section,  or  part  of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to  the clause, sentence, paragraph, subdivision, section, or
 part thereof directly involved in the controversy in which such judgment
 shall have been rendered. It is hereby declared to be the intent of  the
 legislature  that  this act would have been enacted even if such invalid
 provisions had not been included herein.
   § 6. This act shall take effect immediately.