Assembly Bill A1394

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1394
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 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; THE SECRETARY OF STATE OR THEIR DESIGNEE; A
 REPRESENTATIVE OF THE SMALL BUSINESS ADMINISTRATION; A REPRESENTATIVE OF
 THE NEW YORK STATE CHAMBER OF COMMERCE;  TWO  REPRESENTATIVES  OF  UNION
 LABOR,  ONE  OF  WHOM  SHALL  BE  APPOINTED BY THE CHAIR OF THE ASSEMBLY
 STANDING COMMITTEE ON LABOR AND ONE OF WHOM SHALL BE  APPOINTED  BY  THE
 CHAIR OF THE SENATE LABOR COMMITTEE; ONE UNEMPLOYMENT INSURANCE ADVOCATE
 WHO IS A CLAIMANT'S REPRESENTATIVE AND WHO REPRESENTS CLAIMANTS PRO BONO
 TO  BE  JOINTLY  APPOINTED  BY THE TEMPORARY PRESIDENT OF THE SENATE AND
 SPEAKER OF THE ASSEMBLY; AND ONE REPRESENTATIVE OF THE ACADEMIC  PROFES-
 SION  WHO  IS  KNOWLEDGEABLE  IN  UNEMPLOYMENT  INSURANCE  TO BE JOINTLY
 APPOINTED BY THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON  LABOR.
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03915-01-5
 A. 1394                             2
              

 
 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,
 INCLUDING  BUT NOT LIMITED TO, THE DEPARTMENT'S POLICIES REGARDING UNEM-
 PLOYMENT  INSURANCE  AND  IMPLEMENTATION  OF  FEDERAL  GUIDELINES,   THE
 DISTRIBUTION  OF  FUNDING ACROSS THE DEPARTMENT, STAFFING LEVELS, ACCESS
 AND EQUITY, MODERNIZATION EFFORTS, AND ANY OTHER  INFORMATION  NECESSARY
 TO  PROVIDE  A SUFFICIENT UNDERSTANDING OF THE DEPARTMENT'S FUNCTIONING,
 HOW EFFECTIVELY IT IS PROVIDING SERVICES TO NEW YORKERS, AND RECOMMENDA-
 TIONS TO IMPROVE SUCH EFFECTIVITY;
   (B) ANY POTENTIAL NEED FOR ADDITIONAL ALTERATIONS TO THE  UNEMPLOYMENT
 INSURANCE SYSTEM, INCLUDING THE CHARGING, TAXING, ELIGIBILITY, AND BENE-
 FIT  PROVISIONS  AND ALTERATIONS TO INFORMATION TECHNOLOGY MODERNIZATION
 PLANS AND STAFFING;
   (C) THE EQUALITY  AND  ACCESSIBILITY  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. EACH YEAR IN WHICH THE COMMITTEE MEETS FOLLOWING THE RELEASE OF THE
 REPORT DETAILED IN SECTION TWO OF THE CHAPTER OF THE LAWS OF  TWO  THOU-
 SAND  TWENTY-FIVE  THAT  ADDED  THIS SECTION, THE COMMITTEE SHALL MAKE A
 REPORT ON UPDATED FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR  AND  THE
 LEGISLATURE  BY  DECEMBER THIRTY-FIRST OF SUCH YEAR. 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 how New York state can:
   (a)  expand access to benefits, including ensuring that eligible work-
 ers receive  support  by  modernizing  information  technology  systems,
 improving  in-person  services,  fully staffing the department of labor,
 improving access for limited English proficient claimants,  using  plain
 language,  and  paying  workers misclassified as self-employed; changing
 inferences of credibility of an employer while the department  of  labor
 conducts initial investigation of claims; expanding eligibility by rede-
 fining fault and fraud, introducing extended benefits, and reconsidering
 the  definition of "employee" and exclusions of seasonal, temporary, and
 gig economy workers; and creating new benefits for workers who cannot be
 included in state  unemployment  insurance,  such  as  the  unemployment
 bridge program;
   (b)  revitalize under-used services, including re-employment supports,
 the 599 Program, and the Shared Work Program;
   (c) ensure adequate benefit levels by adjusting the replacement  rate,
 minimum  benefit,  and  maximum  benefit, and by introducing a dependent
 benefit; and
   (d) ensure adequate funding by adjusting the taxable  wage  base,  the
 rate  at  which  the  taxable  wage  base  is taxed, and collecting from
 employers who misclassify workers as independent contractors.
 A. 1394                             3
 
   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-seven. Such find-
 ings shall be made available to the public on the department's website.
   § 3. This act shall take effect immediately.