Assembly Bill A8436

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8436
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by M. of A. FORREST -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law,  in  relation  to  establishing  a  joint
   committee  for  unemployment  insurance  oversight;  and directing the
   department to conduct a study on the unemployment insurance program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  labor  law is amended by adding a new section 641 to
 read as follows:
   § 641. JOINT COMMITTEE FOR UNEMPLOYMENT INSURANCE OVERSIGHT. 1.  THERE
 IS HEREBY ESTABLISHED A JOINT COMMITTEE ON UNEMPLOYMENT INSURANCE  OVER-
 SIGHT.   SUCH COMMITTEE SHALL CONSIST OF FOURTEEN MEMBERS, THREE OF WHOM
 SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE  SENATE,  THREE  OF
 WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THE COMMISSIONER
 OF  LABOR  OR  THEIR  DESIGNEE,  SECRETARY OF STATE OR THEIR DESIGNEE, A
 REPRESENTATIVE OF THE BUSINESS COUNCIL OF NEW YORK  STATE,  A  REPRESEN-
 TATIVE OF THE NEW YORK STATE CHAMBER OF COMMERCE, TWO REPRESENTATIVES OF
 UNION LABOR, AND TWO REPRESENTATIVES OF THE ACADEMIC PROFESSION WHOM ARE
 KNOWLEDGEABLE  IN  UNEMPLOYMENT INSURANCE LAW WHOM ARE JOINTLY APPOINTED
 BY THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER  OF  ASSEMBLY.  THE
 TEMPORARY  PRESIDENT  OF  THE  SENATE  AND SPEAKER OF THE ASSEMBLY SHALL
 APPOINT A SENATOR AND ASSEMBLY MEMBER, RESPECTIVELY, EACH  TO  SERVE  AS
 CO-CHAIR.  MEMBERS  OF  THE COMMITTEE SHALL SERVE AT THE PLEASURE OF THE
 APPOINTING AUTHORITY.  MEMBERS OF THE COMMITTEE SHALL RECEIVE NO COMPEN-
 SATION FOR THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL  AND  NECES-
 SARY  EXPENSES  INCURRED  IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO
 THIS SECTION.
   2. THE COMMITTEE ESTABLISHED PURSUANT TO THIS  SECTION  SHALL  EXAMINE
 THE FOLLOWING:
   (A) THE CONDITION OF THE UNEMPLOYMENT INSURANCE SYSTEM IN THE STATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13850-01-3
 A. 8436                             2
              

 
   (B)  ANY POTENTIAL NEED FOR ADDITIONAL ALTERATIONS TO THE UNEMPLOYMENT
 INSURANCE SYSTEM, INCLUDING THE CHARGING, TAXING, ELIGIBILITY, AND BENE-
 FIT PROVISIONS;
   (C)  THE  EQUALITY  OF  THE  UNEMPLOYMENT INSURANCE SYSTEM IN HOW SUCH
 BENEFITS ARE PAID OUT; AND
   (D) THE FISCAL HEALTH OF THE UNEMPLOYMENT INSURANCE TRUST FUND.
   3. THE COMMITTEE SHALL HAVE THE POWER TO SUBPOENA AND TO TAKE TESTIMO-
 NY BY DEPOSITION AND THE POWER TO COMPEL THE ATTENDANCE OF WITNESSES AND
 THE PRODUCTION OF RECORDS, IN THE SAME MANNER AS PRESCRIBED  BY  LAW  IN
 JUDICIAL PROCEEDINGS IN THE COURTS OF THIS STATE.
   4.  THE  COMMITTEE SHALL MAKE A REPORT ON ITS FINDINGS AND RECOMMENDA-
 TIONS TO THE GOVERNOR AND THE LEGISLATURE ON  DECEMBER  THIRTY-FIRST  OF
 EACH  YEAR  IN  WHICH THE COMMITTEE MEETS. THE COMMITTEE SHALL MAKE SUCH
 FINDINGS AND RECOMMENDATIONS AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S
 WEBSITE.
   § 2. The department of labor, in collaboration with the office of  the
 attorney general and the joint committee on unemployment insurance over-
 sight  established  pursuant to section one of this act, shall conduct a
 comprehensive study on unemployment insurance in the state.
   1. Such study shall examine:
   (a) any report or recommendation  made  by  the  National  Academy  of
 Social Insurance Unemployment Insurance Task Force of two thousand twen-
 ty-one;
   (b)  the effects of potentially expanding eligibility for unemployment
 insurance to include individuals who left their job:
   (i) for family reasons including accompanying a spouse to a  new  work
 location or to fulfill a caregiving obligation; or
   (ii) due to job schedule volatility;
   (c)  whether  the  state  is  appropriately applying the definition of
 "employee" to cover seasonal, temporary, and gig economy workers; and if
 needed, identify changes to law or establishing a new  benefits  program
 to assist all seasonal, temporary, or gig economy workers;
   (d)  the  effects of potentially increasing the maximum weekly benefit
 amount;
   (e) the effects of potentially increasing the maximum  weekly  benefit
 amount based on inflation or wage growth;
   (f)  the  effects  of  potentially  changing  the dependent allowance,
 including allowing the dependent allowance to be added  to  the  maximum
 weekly benefit;
   (g)  the  effects  of  increasing  the  dependent  allowance  based on
 inflation or wage growth;
   (h) the effects of creating new standards  for  when  an  employee  is
 entitled to claim unemployment insurance benefits if the employee:
   (i) leaves a job due to unsafe working conditions;
   (ii) leaves a job due to an unreasonable risk of infection;
   (iii)  is terminated for refusing to work under unsafe work conditions
 or declines to accept work due to unsafe work conditions.
   2. The department shall make a report of the findings  of  its  study,
 including  any  recommendations  for  legislative  action as it may deem
 necessary and appropriate. Such report shall be delivered to the  gover-
 nor, the temporary president of the senate and the speaker of the assem-
 bly  on or before December first, two thousand twenty-six. Such findings
 shall be made available to the public on the department's website.
   § 3. This act shall take effect immediately.