S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5421
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DE LA ROSA  -- read once and referred to the
   Committee on Ways and Means
 
 AN ACT to establish the "excluded worker fund act"; to amend  the  state
   finance law, in relation to establishing the excluded worker fund; and
   to amend the labor law, in relation to establishing the excluded work-
   er program

   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 fund act".
   §  2. The state finance law is amended by adding a new section 95-j to
 read as follows:
   § 95-J. EXCLUDED WORKER 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 FUND".
   2. 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 FUND AND SHALL BE USED FOR THE  PURPOSES  SET  FORTH  IN
 SECTION SIX HUNDRED FORTY-FOUR 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  BE  USED  FOR  THE
 PURPOSES SPECIFIED HEREIN.
   3.  MONEYS  OF  THE  FUND SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF
 PROVIDING EMERGENCY WAGE REPLACEMENT TO WORKERS THAT DO NOT QUALIFY  FOR
 UNEMPLOYMENT  INSURANCE  OR OTHER WORKER WAGE ASSISTANCE PROGRAMS AND TO
 HOUSEHOLDS WHO HAVE LOST A MAJOR SOURCE OF INCOME DUE TO  THE  DEATH  OR
 DISABILITY OF A CLOSE HOUSEHOLD MEMBER WHO COULD NOT ACCESS UNEMPLOYMENT
 INSURANCE OR OTHER WORKER WAGE ASSISTANCE PROGRAMS.  THE MONEYS SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09073-01-1

 A. 5421                             2
 
 PAID  OUT  OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER
 ON VOUCHERS CERTIFIED OR APPROVED BY SUCH COMMISSIONER THE  DULY  DESIG-
 NATED  OFFICER. ANY BALANCE IN SUCH FUND SHALL NOT LAPSE AT ANY TIME BUT
 SHALL REMAIN CONTINUOUSLY AVAILABLE FOR SUCH PURPOSES.
   4.  MONEYS  OF  THE FUND SHALL NOT BE USED IN WHOLE OR IN PART FOR ANY
 PURPOSE OR IN ANY MANNER WHICH (A) WOULD 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)  WOULD  CAUSE  THE APPROPRIATE AGENCY OF THE UNITED STATES
 GOVERNMENT TO WITHHOLD ANY PART OF AN ADMINISTRATIVE GRANT  WHICH  WOULD
 OTHERWISE BE MADE.
   § 3. The labor law is amended by adding a new section 591-b to read as
 follows:
   §  591-B. EXCLUDED WORKER PROGRAM. 1. THE DEPARTMENT IS HEREBY AUTHOR-
 IZED AND EMPOWERED TO ESTABLISH AND OPERATE AN EXCLUDED  WORKER  PROGRAM
 AS  AUTHORIZED  PURSUANT TO SECTION SIX HUNDRED FORTY-FOUR OF THIS ARTI-
 CLE.
   2. EACH EXCLUDED WORKER PROGRAM APPLICANT SHALL PROVIDE, IN SUCH  FORM
 AND  AT SUCH TIME AS THE COMMISSIONER MAY PRESCRIBE, AT LEAST TWO OF THE
 FOLLOWING:
   (A) PRIMARY PROOF OF IDENTITY INCLUDING, BUT NOT LIMITED TO,  A  DRIV-
 ER'S  LICENSE,  MOTOR  VEHICLE  ID  CARD  NUMBER, VALID FOREIGN DRIVER'S
 LICENSE THAT INCLUDES A PHOTO IMAGE OF THE APPLICANT AND WHICH IS  UNEX-
 PIRED OR EXPIRED FOR LESS THAN TWENTY-FOUR MONTHS OF ITS DATE OF EXPIRA-
 TION,  NEW  YORK  STATE  ID, IDNYC OR OTHER NEW YORK MUNICIPAL OR COUNTY
 IDENTIFICATION CARD, STUDENT ID CARD, VALID UNEXPIRED  FOREIGN  PASSPORT
 ISSUED  BY  THE  APPLICANT'S  COUNTRY OF CITIZENSHIP, OR VALID UNEXPIRED
 CONSULAR IDENTIFICATION DOCUMENT ISSUED BY A CONSULATE FROM  THE  APPLI-
 CANT'S  COUNTRY  OF  CITIZENSHIP.  NOTHING CONTAINED IN THIS SUBDIVISION
 SHALL BE DEEMED TO PRECLUDE THE COMMISSIONER FROM  APPROVING  ADDITIONAL
 PROOFS OF IDENTITY; OR
   (B) SOCIAL SECURITY NUMBER OR, IN LIEU THEREOF, AN INDIVIDUAL TAXPAYER
 IDENTIFICATION  NUMBER  OR  A  UNITED STATES CITIZENSHIP AND IMMIGRATION
 SERVICES NUMBER; OR
   (C) NAMES AND ADDRESSES OF ALL EMPLOYERS AND/OR HIRING PARTIES, IN AND
 OUT OF THE STATE, FOR THE LAST EIGHTEEN MONTHS TO THE EXTENT  THAT  SUCH
 INFORMATION IS AVAILABLE TO THE APPLICANT; OR
   (D) MAILING ADDRESS AND ZIP CODE.
   3.  APPLICATION  FORMS FOR SUCH PROGRAM SHALL NOT STATE: (A) THE DOCU-
 MENTS AN APPLICANT USED TO PROVE IDENTITY; OR (B) AN  APPLICANT'S  INEL-
 IGIBILITY  FOR  A  SOCIAL  SECURITY  NUMBER  WHERE APPLICABLE; OR (C) AN
 APPLICANT'S CITIZENSHIP OR IMMIGRATION STATUS.
   4. ANY PORTION OF  ANY  ORIGINAL  DOCUMENTS  OR  COPIES  OF  DOCUMENTS
 RETAINED  OR  COLLECTED  BY  THE  DEPARTMENT IN RELATION TO THE EXCLUDED
 WORKER PROGRAM APPLICATION TO PROVE IDENTITY,  AGE  OR  FITNESS  OR  ANY
 RECORD  THAT  CONTAINS THE PHOTO IMAGE OR IDENTIFIES THE SOCIAL SECURITY
 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, THE CUSTOMER IDENTIFI-
 CATION NUMBER ASSOCIATED WITH A PUBLIC UTILITIES ACCOUNT, MEDICAL INFOR-
 MATION OR DISABILITY INFORMATION OF THE HOLDER  OF,  OR  APPLICANT  FOR,
 SUCH PROGRAM IS NOT A PUBLIC RECORD AND SHALL NOT BE DISCLOSED OR OTHER-
 WISE MADE ACCESSIBLE IN RESPONSE TO ANY REQUEST FOR RECORDS EXCEPT:
   (A) TO THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS; OR
   (B)  WHERE  NECESSARY  TO  COMPLY  WITH A LAWFUL COURT ORDER, JUDICIAL
 WARRANT SIGNED BY A JUDGE APPOINTED  PURSUANT  TO  ARTICLE  III  OF  THE

 A. 5421                             3
 
 UNITED  STATES  CONSTITUTION,  OR SUBPOENA FOR INDIVIDUAL RECORDS ISSUED
 PURSUANT TO THE CRIMINAL PROCEDURE LAW OR THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   5.  FOR  THE  PURPOSES OF THIS SECTION, WHENEVER A LAWFUL COURT ORDER,
 JUDICIAL WARRANT, OR SUBPOENA FOR  INDIVIDUAL  RECORDS  PROPERLY  ISSUED
 PURSUANT  TO  THE  CRIMINAL  PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND
 RULES IS PRESENTED TO THE COMMISSIONER, ONLY THOSE  RECORDS,  DOCUMENTS,
 AND  INFORMATION  SPECIFICALLY  SOUGHT  BY SUCH COURT ORDER, WARRANT, OR
 SUBPOENA MAY BE DISCLOSED.
   6. NOTWITHSTANDING THE DISCLOSURE OF RECORDS PURSUANT TO  SUBDIVISIONS
 FOUR AND FIVE OF THIS SECTION, THE COMMISSIONER SHALL REQUIRE ANY PERSON
 OR ENTITY THAT RECEIVES OR HAS ACCESS TO RECORDS OR INFORMATION FROM THE
 DEPARTMENT  TO  CERTIFY  TO  THE  COMMISSIONER,  BEFORE  SUCH RECEIPT OR
 ACCESS, THAT SUCH PERSON OR ENTITY SHALL NOT:
   (A) USE SUCH RECORDS OR INFORMATION FOR PURPOSES OTHER  THAN  FOR  THE
 ADMINISTRATION  OF  THE EXCLUDED WORKER PROGRAM OR EXCLUDED WORKER FUND;
 OR
   (B) DISCLOSE SUCH RECORDS OR INFORMATION TO ANY OTHER AGENCY 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
 AND WHICH ARRANGEMENT DISCLOSURE IS LIMITED TO THE SPECIFIC  RECORDS  OR
 INFORMATION  BEING  SOUGHT  PURSUANT TO SUCH ARRANGEMENT AND USED SOLELY
 FOR THE ADMINISTRATION OF THE EXCLUDED WORKER PROGRAM  OR  THE  EXCLUDED
 WORKER FUND.
   §  4.  The labor law is amended by adding a new section 644 to read as
 follows:
   § 644. ELIGIBILITY FOR EXCLUDED WORKER PROGRAM. 1. FOR THE PURPOSE  OF
 SECTION  FIVE  HUNDRED  NINETY-ONE-B OF THIS ARTICLE, THE TERM "EXCLUDED
 WORKER PROGRAM" MEANS A PROGRAM UNDER WHICH ASSISTANCE IS  AVAILABLE  TO
 INDIVIDUALS WHO RESIDE IN THE STATE AND:
   (A) DO NOT MEET THE ELIGIBILITY REQUIREMENTS:
   (I)  FOR UNEMPLOYMENT INSURANCE BENEFITS AS DESCRIBED IN THIS ARTICLE,
 INCLUDING BENEFITS PAYABLE TO FEDERAL CIVILIAN EMPLOYEES AND TO  EX-SER-
 VICEMEN  AND  SERVICEWOMEN  PURSUANT  TO CHAPTER 85 OF THE UNITED STATES
 CODE, AND BENEFITS AUTHORIZED TO BE USED FOR THE SELF-EMPLOYMENT ASSIST-
 ANCE PROGRAM PURSUANT TO THE FEDERAL-STATE EXTENDED UNEMPLOYMENT COMPEN-
 SATION ACT OF 1970; OR
   (II) TO RECEIVE INSURANCE OR ASSISTANCE PAYMENTS  UNDER  ANY  PROGRAMS
 PROVIDED FOR UNDER SUBTITLE A OF TITLE II OF THE FEDERAL CARES ACT; AND
   (B) SUFFERED A LOSS:
   (I) OF WORK-RELATED EARNINGS; OR
   (II) OF ONE OR MORE MAJOR SOURCES OF HOUSEHOLD INCOME DUE TO THE DEATH
 OR  DISABILITY  OF  A  CLOSE HOUSEHOLD MEMBER ON WHOSE INCOME THE FAMILY
 DEPENDED, DURING A STATE OF  EMERGENCY  DECLARED  BY  THE  GOVERNOR  AND
 PROVIDED  FURTHER THAT NO OTHER INDIVIDUAL IN THE HOUSEHOLD IS RECEIVING
 AN ALLOWANCE UNDER THE EXCLUDED WORKER PROGRAM FOR THE  SAME  MONTH  FOR
 THE  SAME REASON. SUCH AN ALLOWANCE SHALL ONLY BE ACCESSED: (A) DURING A
 STATE OF EMERGENCY AS DECLARED BY THE GOVERNOR AND UP  TO  EIGHT  MONTHS
 AFTER  THE  STATE  OF  EMERGENCY HAS BEEN DECLARED; (B) DURING A TIME IN
 WHICH THE GOVERNMENT OF THE UNITED  STATES  HAS  AUTHORIZED  RENEWAL  OR
 EXTENSION  BEYOND  THE  DATE  OF  THE  PANDEMIC  UNEMPLOYMENT ASSISTANCE
 OUTLINE IN TITLE II OF THE CARES ACT; (C) UP TO  THE  LAST  DAY  OF  THE
 CALENDAR  QUARTER OF THE EMERGENCY PERIOD DEFINED IN PARAGRAPH (1)(B) OF
 SECTION  1135(G)  OF  THE  FEDERAL  SOCIAL  SECURITY  ACT   (42   U.S.C.
 1320B-5(G))  AND ENDING ON THE LAST DAY OF THE CALENDAR QUARTER IN WHICH
 THE LAST DAY OF SUCH AN EMERGENCY PERIOD OCCURS; OR (D) UP TO  THE  LAST

 A. 5421                             4
 
 DAY  OF  ANY  CALENDAR  QUARTER  DURING  WHICH  THE U.S. BUREAU OF LABOR
 STATISTICS REPORTS  A  SEASONALLY  ADJUSTED  UNEMPLOYMENT  RATE  OF  SIX
 PERCENT OR MORE IN THE STATE; OR
   (C)  WERE RELEASED FROM POST-ARRAIGNMENT INCARCERATION OR DETENTION OR
 FROM IMMIGRATION DETENTION ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWEN-
 TY.
   2. NO INDIVIDUAL SHALL BE ELIGIBLE TO  RECEIVE  ASSISTANCE  UNDER  THE
 EXCLUDED  WORKER PROGRAM IN ANY MONTH IF THE GROSS WORK RELATED EARNINGS
 THEY RECEIVED IN THE PREVIOUS CALENDAR MONTH EXCEEDS  TWO  THOUSAND  ONE
 HUNDRED EIGHTY-TWO DOLLARS.
   3. PROOF OF ELIGIBILITY MAY BE ESTABLISHED BY DOCUMENTATION OR, IN THE
 ABSENCE OF DOCUMENTATION, BY SELF-ATTESTATION.
   (A)  THE  ALLOWANCE  PAYABLE  TO  INDIVIDUALS  SHALL BE PAYABLE IN THE
 AMOUNT OF THIRTY-THREE HUNDRED DOLLARS PER MONTH, PAYABLE  MONTHLY  FROM
 APRIL  TWO  THOUSAND TWENTY-ONE THROUGH DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE. PAYMENTS SHALL BE RETROACTIVE  TO  THE  LATTER  OF  THE
 FIRST  DATE  OF  EARNINGS  LOSS  DURING  THE STATE OF EMERGENCY OR APRIL
 FIRST, TWO THOUSAND TWENTY-ONE. THE TOTAL AMOUNT PAID  FOR  ANY  BENEFIT
 YEAR  SHALL NOT EXCEED THE MAXIMUM AMOUNT OF BENEFITS PAYABLE UNDER THIS
 ARTICLE AND TITLE II OF THE CARES ACT.
   (B) PAYMENTS SHALL CONTINUE UNTIL THE LATER OF: (I)  DECEMBER  THIRTY-
 FIRST,  TWO THOUSAND TWENTY-ONE; (II) THE LAST DAY OF THE CALENDAR QUAR-
 TER DURING WHICH THE GOVERNMENT OF  THE  UNITED  STATES  HAS  AUTHORIZED
 RENEWAL  OR  EXTENSION  BEYOND THE DATE OF PANDEMIC UNEMPLOYMENT ASSIST-
 ANCE; (III) THE LAST DAY OF THE CALENDAR QUARTER OF THE EMERGENCY PERIOD
 DEFINED IN PARAGRAPH (1)(B) OF SECTION 1135(G)  OF  THE  FEDERAL  SOCIAL
 SECURITY  ACT  (42  U.S.C. 1320B-5(G)) AND ENDING ON THE LAST DAY OF THE
 CALENDAR QUARTER IN WHICH THE LAST  DAY  OF  SUCH  AN  EMERGENCY  PERIOD
 OCCURS;  OR  (IV)  THE LAST DAY OF ANY CALENDAR QUARTER DURING WHICH THE
 U.S. BUREAU OF LABOR STATISTICS REPORTS A SEASONALLY ADJUSTED  UNEMPLOY-
 MENT RATE OF SIX PERCENT OR MORE IN THE STATE.
   4.  NO  INDIVIDUAL SHALL BE REQUIRED TO APPLY FOR ASSISTANCE UNDER THE
 EXCLUDED WORKER PROGRAM AS A CONDITION OF ELIGIBILITY FOR ANY  STATE  OR
 LOCAL PROGRAM.
   § 5. This act shall take effect immediately.