S. 173 2
§ 591-B. UNEMPLOYMENT BRIDGE 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. "TOTAL UNEMPLOYMENT" SHALL ALSO INCLUDE AN INDIVIDUAL WHO
HAS EARNED LESS THAN FOUR HUNDRED DOLLARS IN A MONTH SUBSEQUENT TO AN
INITIAL MONTH OF TOTAL UNEMPLOYMENT.
(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,
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
S. 173 3
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.
(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) "PROFESSIONAL SERVICES" MEANS WORK PERFORMED IN A BONA FIDE
PROFESSIONAL CAPACITY IN ANY OF THE FOLLOWING FIELDS:
(I) WRITING;
(II) GRAPHIC DESIGN;
(III) WEBPAGE AND DIGITAL DESIGN;
(IV) ANIMATION, ILLUSTRATION, INDUSTRIAL PRODUCT DESIGN, INTERIOR
DESIGN, OR FASHION DESIGN;
S. 173 4
(V) FINE ART;
(VI) PHOTOGRAPHY; OR
(VII) JOURNALISM, FREELANCE DIGITAL MEDIA WORK, VIDEOGRAPHY, OR
AUDIO/PODCAST PRODUCTION.
(O) "UNEMPLOYMENT BRIDGE PROGRAM NAVIGATOR" MEANS A NON-PROFIT ORGAN-
IZATION THAT IS CERTIFIED BY THE DEPARTMENT TO HELP GUIDE APPLICANTS IN
UNDERSTANDING AND APPLYING FOR THE UNEMPLOYMENT BRIDGE PROGRAM OR UNEM-
PLOYMENT INSURANCE BENEFITS.
(P) "PROGRAM YEAR" IS THE TWELVE-MONTH PERIOD BEGINNING APRIL FIRST.
2. THE DEPARTMENT IS HEREBY AUTHORIZED, EMPOWERED AND MANDATED TO
ESTABLISH AND OPERATE AN UNEMPLOYMENT BRIDGE PROGRAM AS AUTHORIZED
PURSUANT TO THIS SECTION. SUCH PROGRAM SHALL BE ESTABLISHED BY APRIL
FIRST, TWO THOUSAND TWENTY-SIX.
3. FOR THE PURPOSES OF THIS SECTION, THE TERM "UNEMPLOYMENT BRIDGE
PROGRAM" MEANS A PROGRAM UNDER WHICH ASSISTANCE IS AVAILABLE TO APPLI-
CANTS 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-SERVICEMEMBERS PURSUANT TO CHAPTER 85 OF THE UNITED STATES
CODE, BENEFITS AUTHORIZED TO BE USED FOR THE SELF-EMPLOYMENT ASSISTANCE
PROGRAM PURSUANT TO THE FEDERAL-STATE EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 1970 IN THE TWELVE-MONTH PERIOD DIRECTLY PRIOR TO THEIR APPLICA-
TION FOR THE UNEMPLOYMENT BRIDGE PROGRAM; OR ANY OTHER BENEFITS DISTRIB-
UTED TO NEW YORKERS THROUGH THE FEDERAL UNEMPLOYMENT 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 UNEMPLOYMENT BRIDGE
PROGRAM. FOR THE PURPOSES OF THIS SUBDIVISION, "COVERED EMPLOYEES" MEAN
PERSONS WHO:
(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 TITLE 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;
S. 173 5
(III) IS A BONA FIDE SELF-EMPLOYED WORKER, REGARDLESS OF CITIZENSHIP
OR IMMIGRATION STATUS;
(1) FOR THE PURPOSES OF THIS SUBPARAGRAPH, "BONA FIDE SELF-EMPLOYED
WORKER" MEANS:
(A) THE INDIVIDUAL IS FREE FROM CONTROL AND DIRECTION IN PERFORMING
THE JOB, BOTH UNDER THE INDIVIDUAL'S CONTRACT AND IN FACT; AND
(B) THE SERVICE IS PERFORMED OUTSIDE THE USUAL COURSE OF BUSINESS FOR
WHICH THE SERVICE IS PERFORMED; AND
(C) 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;
(2) FOR THE PURPOSES OF THIS SUBPARAGRAPH, STREET VENDORS SHALL BE
CONSIDERED TO BE BONA FIDE SELF-EMPLOYED WORKERS;
(3) FOR THE PURPOSES OF THIS SUBPARAGRAPH, WORKERS PROVIDING PROFES-
SIONAL SERVICES SHALL BE CONSIDERED TO BE BONA FIDE SELF-EMPLOYED WORK-
ERS IF THEY SATISFY SUBCLAUSES (A) AND (B) OF CLAUSE ONE OF THIS SUBPAR-
AGRAPH, EVEN IF THEIR WORK DOES NOT SATISFY SUCH SUBCLAUSES;
(IV) WERE RELEASED FROM POST-ARRAIGNMENT INCARCERATION OR DETENTION OR
FROM IMMIGRATION DETENTION AFTER BEING DETAINED IN POST-ARRAIGNMENT
INCARCERATION OR DETENTION OR FROM IMMIGRATION DETENTION, OR A COMBINA-
TION THEREOF, FOR A COMBINED PERIOD OF AT LEAST ONE YEAR DURING THE
PRIOR TWENTY-FOUR CALENDAR MONTHS, INCLUDING THOSE WHO HAVE BEEN
RELEASED FROM PRISON ON PAROLE SUPERVISION OR POST-RELEASE SUPERVISION;
OR
(V) WERE RELEASED FROM POST-ARRAIGNMENT INCARCERATION OR DETENTION OR
FROM IMMIGRATION DETENTION, OR A COMBINATION THEREOF FOR A COMBINED
PERIOD OF LESS THAN ONE YEAR DURING THE PREVIOUS TWENTY-FOUR MONTHS,
INCLUDING THOSE WHO HAVE BEEN RELEASED FROM PRISON ON PAROLE SUPERVISION
OR POST-RELEASE SUPERVISION; OR
(D) SUFFERED A LOSS OF WORK-RELATED EARNINGS LEADING TO A PERIOD OF
TOTAL OR PARTIAL UNEMPLOYMENT DURING THE PRIOR CALENDAR MONTH, PROVIDED,
HOWEVER, THAT IN THE CASE OF A PERSON DESCRIBED IN SUBPARAGRAPH (IV) OR
(V) OF PARAGRAPH (C) OF THIS SUBDIVISION, SUCH PERSON SHALL BE ELIGIBLE
IF THEY HAVE BEEN RELEASED FROM POST-ARRAIGNMENT INCARCERATION OR
DETENTION OR IMMIGRATION DETENTION, INCLUDING THOSE WHO HAVE BEEN
RELEASED FROM PRISON ON PAROLE SUPERVISION OR POST-RELEASE SUPERVISION,
IN THE PRIOR TWELVE CALENDAR MONTHS; AND PROVIDED, FURTHER, THAT IN THE
CASE OF PARTIAL UNEMPLOYMENT, THE STATE SHALL ACCEPT ALTERNATIVE
EVIDENCE TO PAY STATEMENTS, SUCH AS BUT NOT LIMITED TO MESSAGES FROM
EMPLOYERS, WRITTEN SCHEDULES AND AFFIDAVITS FROM EMPLOYEES THAT THEY ARE
NOW ONLY WORKING PART-TIME HOURS;
(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,
AND THAT IN THE CASE OF A WORKER DESCRIBED IN SUBPARAGRAPH (V) OF PARA-
GRAPH (C) OF THIS SUBDIVISION, SUCH EARNINGS WILL BE CALCULATED FROM THE
TWELVE MONTHS PRECEDING THE START OF ANY PERIOD, OF THE APPLICANT'S
CHOOSING, OF INCARCERATION OR DETENTION FROM THE PRIOR TWENTY-FOUR
MONTHS; AND THAT IN THE CASE OF A PERSON DESCRIBED IN SUBPARAGRAPH (IV)
OF PARAGRAPH (C) OF THIS SUBDIVISION, SUCH PERSON SHALL BE ELIGIBLE IF
THEY HAVE BEEN RELEASED FROM POST-ARRAIGNMENT INCARCERATION OR DETENTION
OR IMMIGRATION DETENTION, INCLUDING THOSE WHO HAVE BEEN RELEASED FROM
PRISON ON PAROLE SUPERVISION OR POST-RELEASE SUPERVISION, IN THE PRIOR
TWELVE CALENDAR MONTHS;
S. 173 6
(F) WHOSE REASON FOR LOSS OF WORK-RELATED EARNINGS WOULD NOT HAVE BEEN
DISQUALIFYING UNDER SECTION FIVE HUNDRED NINETY-THREE OF THIS TITLE;
PROVIDED THAT FOR THE PURPOSES OF THIS PARAGRAPH ANY INDIVIDUAL WHO
LOSES EMPLOYMENT DUE TO ANY ISSUE RELATED TO WORK AUTHORIZATION STATUS
SHALL NOT BE SUBJECT TO A DISQUALIFICATION FOR BENEFITS; AND PROVIDED
FURTHER THAT FOR THE PURPOSES OF THIS PARAGRAPH ANY INDIVIDUAL WHO IS A
STREET VENDOR AND LOSES EMPLOYMENT DUE TO, BUT NOT LIMITED TO, THE
FOLLOWING CIRCUMSTANCES SHALL NOT BE SUBJECT TO A DISQUALIFICATION FOR
BENEFITS:
(I) LOSS OF MERCHANDISE OR VENDING EQUIPMENT DUE TO ROBBERY, ASSAULT,
FLOODING, OR FIRE, IN WHICH CASE THE APPLICANT CAN ESTABLISH THIS LOSS
THROUGH NOTARIZED TESTIMONY OF THE APPLICANT OR THROUGH A LETTER FROM A
CHARITABLE ORGANIZATION REGISTERED WITH THE CHARITIES BUREAU OF THE NEW
YORK STATE OFFICE OF THE ATTORNEY GENERAL OR THROUGH A POLICE REPORT;
(II) PREVENTED FROM WORKING DUE TO INCLEMENT WEATHER;
(III) LOSS OF GENERAL VENDOR LICENSE, MOBILE FOOD VENDOR LICENSE, OR
PERMIT, WHETHER SUCH LICENSE IS ISSUED TO THE APPLICANT OR RENTED BY THE
APPLICANT, FOR REASON OTHER THAN MISCONDUCT; OR
(IV) LOSS OF REGULAR BUSINESS LOCATION DUE TO OBSTRUCTION FOR REASONS
INCLUDING CONSTRUCTION, STREETSCAPE REDESIGN, OR ANY PHYSICAL
OBSTRUCTION THAT PREVENTS THE VENDOR FROM CONDUCTING BUSINESS;
(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 SUCH
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 THEREAFTER; AND
(K) NO STATE OR LOCAL PUBLIC BENEFIT PROGRAM SHALL REQUIRE AN APPLI-
CANT OR RECIPIENT TO APPLY FOR THE UNEMPLOYMENT BRIDGE 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;
S. 173 7
(IV) A NON-EXPIRED IDNYC IDENTIFICATION CARD OR OTHER MUNICIPAL IDEN-
TIFICATION 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, THE DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION, ANY LOCAL OR MUNICIPAL DEPART-
MENT OF CORRECTIONS LOCATED WITHIN NEW YORK STATE, OR AN AGENCY OF THE
FEDERAL GOVERNMENT, INCLUDING A PRISON, IMMIGRATION DETENTION FACILITY,
OR IMMIGRATION ENFORCEMENT AGENCY, 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, A
RECEIPT FROM A CHECK CASHING, OR MONEY TRANSFER ESTABLISHMENT THAT INDI-
CATES ADDRESS OF THE APPLICANT;
(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;
(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:
S. 173 8
(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 DEPARTMENT OF HOME-
LAND SECURITY OR AN AGENCY OF THE DEPARTMENT OF HOMELAND SECURITY,
INCLUDING IMMIGRATION AND CUSTOMS ENFORCEMENT, AND THE UNITED STATES
CITIZENSHIP 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;
(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, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ANY
LOCAL OR MUNICIPAL DEPARTMENT OF CORRECTIONS LOCATED WITHIN NEW YORK
STATE, OR AN AGENCY OF THE FEDERAL GOVERNMENT, INCLUDING A PRISON, IMMI-
GRATION DETENTION FACILITY, OR IMMIGRATION ENFORCEMENT AGENCY, WHICH MAY
BE EXPIRED BY NOT MORE THAN TWO YEARS; PROVIDED, HOWEVER, THAT IDENTIFI-
CATION CARDS THAT ARE MARKED "NOT FOR IDENTIFICATION PURPOSES" OR SIMI-
LAR LANGUAGE SHALL NOT BE CONSIDERED FOR FOUR POINTS; OR
(9) A NEW YORK CITY DEPARTMENT OF BUILDINGS SITE SAFETY TRAINING IDEN-
TIFICATION CARD WITH PHOTO.
(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
DISTRICT, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ANY
LOCAL OR MUNICIPAL DEPARTMENT OF CORRECTIONS LOCATED WITHIN NEW YORK
STATE, OR AN AGENCY OF THE FEDERAL GOVERNMENT, INCLUDING A PRISON, IMMI-
GRATION DETENTION FACILITY, OR IMMIGRATION ENFORCEMENT AGENCY, 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) 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;
(5) A PHOTO IDENTIFICATION CARD ISSUED BY A LABOR ORGANIZATION; OR
S. 173 9
(6) AN IDENTIFICATION CARD ISSUED BY THE UNITED STATES DEPARTMENT OF
LABOR OCCUPATIONAL HEALTH AND SAFETY ADMINISTRATION (OSHA) TRAINING
INSTITUTE EDUCATION CENTER FOR COMPLETION OF A TEN OR THIRTY HOUR WORKER
SAFETY AWARENESS TRAINING.
(III) FOR TWO POINTS:
(1) AN NYC CARE MEMBERSHIP CARD;
(2) A FEDERAL DOCUMENT ISSUED BY THE DEPARTMENT OF HOMELAND SECURITY
OR AN AGENCY OF THE DEPARTMENT OF HOMELAND SECURITY, INCLUDING IMMI-
GRATION AND CUSTOMS ENFORCEMENT, AND THE UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES, INCLUDING FORM I-200, I-862, I-205, I-220A,
I-220B, I-385, 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, TRANSCRIPT, OR OTHER COURSE CERTIFICATE 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;
PROVIDED, HOWEVER, THAT IN THE CASE OF A PERSON DESCRIBED IN SUBPARA-
GRAPH (IV) OF PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION, SUCH
PERSON SHALL BE ELIGIBLE IF THEY HAVE BEEN RELEASED FROM POST-ARRAIGN-
MENT INCARCERATION OR DETENTION OR IMMIGRATION DETENTION IN THE PRIOR
TWELVE CALENDAR MONTHS, INCLUDING THOSE WHO HAVE BEEN RELEASED FROM
PRISON ON PAROLE SUPERVISION OR POST-RELEASE SUPERVISION. THE 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
S. 173 10
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, OR OPERATED AS AN
INDEPENDENT CONTRACTOR, 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 THE APPLICANT 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;
(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; OR
(4) A NEW YORK STATE AND LOCAL SALES TAX AND USE RETURN FOR THE YEAR
OR QUARTER IMMEDIATELY PRIOR TO THE YEAR OR QUARTER IN WHICH THE APPLI-
CANT BECAME UNEMPLOYED OR PARTIALLY UNEMPLOYED, FILED WITH THE DEPART-
MENT OF TAXATION AND FINANCE USING A VALID CERTIFICATE OF AUTHORITY.
(III) FOR TWO POINTS:
(1) EVIDENCE, SUCH AS STATEMENTS ISSUED BY A FINANCIAL INSTITUTION,
SHOWING REGULAR DIRECT DEPOSITS MADE BY THE EMPLOYER TO THE APPLICANT,
S. 173 11
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;
(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;
(7) COMPLAINTS WITH, BY OR ABOUT A STREET VENDOR OR OTHER INDEPENDENT
CONTRACTOR MADE TO A LOCAL, STATE OR FEDERAL AGENCY OR COURT REGARDING
ACTIONS THAT AFFECTED THEIR ABILITY TO WORK;
(8) NOTARIZED TESTIMONY FROM THIRD PARTIES SUCH AS CO-WORKERS, EMPLOY-
ERS' CUSTOMERS, OR CLIENTS;
(9) NOTARIZED TESTIMONY FROM APPLICANT DESCRIBING WORK PERFORMED IN
THE TWELVE-MONTH PERIOD PRIOR TO THE DATE OF APPLICATION;
(10) EVIDENCE OF BUSINESS ACTIVITY INCLUDING, BUT NOT LIMITED TO,
EVIDENCE OF OWNERSHIP OF INVENTORY FOR SALE, POINT OF SALE REPORTS;
WRITTEN OR PRINTED RECEIPTS, ELECTRONIC PAYMENT RECORDS; MESSAGES
CONFIRMING TRANSACTIONS; RENTAL OR LEASE PAYMENTS, INVOICES OR ORDERS,
CONTRACTS OR AGREEMENTS; MOBILE FOOD VENDING LICENSES OR OTHER VENDOR
LICENSES ISSUED BY A LOCALITY IN THE STATE; NEW YORK STATE SALES TAX
CERTIFICATES OF AUTHORITY; PUBLICATIONS, ADVERTISEMENTS OR SOCIAL MEDIA
POSTS REGARDING THE BUSINESS;
(11) CERTIFICATIONS BY COMMUNITY-BASED ORGANIZATIONS WITH EXPERTISE IN
LOW-WAGE WORK, ATTESTING TO WORK PERFORMED; OR
(12) APPLICATION FOR AN INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER.
(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 THE APPLICANT
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
S. 173 12
INTERVIEWS IN CASES WHEN DOCUMENTS USED TO MEET THE FOUR POINT ELIGIBIL-
ITY NEED ADDITIONAL VERIFICATION OR CLARIFICATION.
(VI) IN THE CASE OF AN APPLICANT WHO IS A PERSON DESCRIBED IN SUBPARA-
GRAPH (IV) OF PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION, SUCH
PERSON SHALL NOT BE REQUIRED TO SUBMIT DOCUMENTATION SHOWING PROOF OF
WORK HISTORY.
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. WEB-BASED CONTENT INCLUDING WEBSITES AND
APPLICATIONS SHALL BE COMPLIANT WITH WEB CONTENT ACCESSIBILITY GUIDE-
LINES (WCAG) WCAG 2.0 LEVEL AA AND IMPLEMENT WEB ACCESSIBILITY INITI-
ATIVE ACCESSIBLE RICH INTERNET APPLICATIONS SUITE (WAI-ARIA) 1.0 WHERE
APPLICABLE FOR DYNAMIC WEB CONTENT. THE DEPARTMENT SHALL PROVIDE TRANS-
LATION OF THE WEBSITE AND APPLICATION FORMS ON THE WEBSITE IN THE TWELVE
MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED-
ENGLISH PROFICIENCY IN THE STATE OF NEW YORK;
(B) ESTABLISHING, IN COLLABORATION WITH THE DIRECTOR OF THE BUDGET, AN
UNEMPLOYMENT BRIDGE PROGRAM NAVIGATOR GRANT FOR NONPROFIT AGENCIES TO
CONDUCT OUTREACH TO UNDERSERVED COMMUNITIES AND ASSIST APPLICANTS IN
APPLYING FOR THE PROGRAM. SUCH NAVIGATOR GRANT SHALL BE ESTABLISHED BY
JANUARY FIRST, TWO THOUSAND TWENTY-SIX;
(C) REQUIRING THAT ALL APPLICATIONS FOR THE PROGRAM SHALL BE PROCESSED
WITHIN TWENTY-ONE DAYS OF THE RECEIPT OF A COMPLETED APPLICATION. THE
DEPARTMENT SHALL PROVIDE A RESPONSE TO EACH APPLICANT ON WHETHER SUCH
APPLICANT IS ELIGIBLE FOR THE PROGRAM, UNLESS THE LOCAL JURISDICTION IS
FACING EXTENUATING CIRCUMSTANCES;
(D) 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;
(E) PROVIDING ALL NOTICES TO THE APPLICANT IN THE APPLICANT'S PRIMARY
LANGUAGE, AS INDICATED IN THEIR INITIAL APPLICATION;
(F) 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
(G) 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 TWELVE MOST
COMMON NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED-ENGLISH
PROFICIENCY 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 (F) 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;
S. 173 13
(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) (I) IF AN APPLICANT ELECTS TO RECEIVE FUNDS VIA PREPAID ATM CARD,
SUCH CARD:
(A) 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; AND
(B) 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.
(II) 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.
(III) THE DEPARTMENT SHALL ENSURE THAT ANY FEES ASSOCIATED WITH USING
THE ATM CARD ARE NOT EXCESSIVELY HIGH.
(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
S. 173 14
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-
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 UNEM-
PLOYMENT BRIDGE 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 UNEMPLOYMENT BRIDGE PROGRAM PAYMENTS MADE PURSUANT TO THIS
SECTION SHALL BE SUBJECT TO THE APPROPRIATION OF FUNDS THEREFOR.
S. 173 15
(A) ELIGIBLE APPLICANTS SHALL BE ELIGIBLE TO RECEIVE UP TO SIX MONTHLY
UNEMPLOYMENT BRIDGE 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 UNEMPLOYMENT BRIDGE 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 TOTALLY UNEMPLOYED ELIGIBLE APPLICANTS
SHALL BE IN THE AMOUNT OF: (I) FOR THE YEAR TWO THOUSAND TWENTY-FIVE,
ONE THOUSAND TWO HUNDRED DOLLARS PER MONTH; (II) FOR JANUARY FIRST, TWO
THOUSAND TWENTY-SIX AND THEREAFTER, THE BENEFIT PAYMENT SHALL INCREASE
FROM ONE THOUSAND TWO HUNDRED DOLLARS PER MONTH AT A RATE EQUAL TO THE
ANNUAL PERCENTAGE CHANGE IN THE STATE'S AVERAGE WEEKLY WAGE AS DETER-
MINED BY QUARTER FOUR DATA FROM THE PREVIOUS YEAR'S UNITED STATES BUREAU
OF LABOR STATISTICS.
(C) THE ALLOWANCE PAYABLE TO PARTIALLY UNEMPLOYED ELIGIBLE APPLICANTS
SHALL BE IN THE AMOUNT OF:
(I) FOR THE YEAR TWO THOUSAND TWENTY-FIVE, EIGHT HUNDRED DOLLARS PER
MONTH;
(II) FOR JANUARY FIRST, TWO THOUSAND TWENTY-SIX AND THEREAFTER, THE
BENEFIT PAYMENT SHALL INCREASE FROM EIGHT 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;
(D) 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.
(E) 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 UNEMPLOYMENT BRIDGE PROGRAM.
(F) 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.
(G) 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.
(H) (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) UNEMPLOYMENT BRIDGE PROGRAM NAVIGATORS SHALL ASSIST APPLICANTS
APPLYING FOR UNEMPLOYMENT BRIDGE 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,
S. 173 16
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;
AND
(IV) CONDUCT OUTREACH AND PROVIDE INDIVIDUAL ASSISTANCE AND EDUCATION
TO INDIVIDUALS APPLYING FOR AND MAKING ONGOING CLAIMS PURSUANT TO THE
UNEMPLOYMENT BRIDGE PROGRAM AND UNEMPLOYMENT COMPENSATION BENEFITS,
INCLUDING 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 UNEMPLOYMENT BRIDGE PROGRAM NAVIGATOR, AN
ENTITY SHALL:
(A) DEMONSTRATE EXISTING PEER RELATIONSHIPS WITH THE TARGET POPULATION
OF THE UNEMPLOYMENT BRIDGE PROGRAM INCLUDING 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;
(B) DEMONSTRATE THE CAPABILITY TO CARRY OUT THE DUTIES OF THIS SECTION
INCLUDING KNOWLEDGE OF ELIGIBILITY REQUIREMENTS AND THE APPLICATION
PROCESS FOR THE UNEMPLOYMENT BRIDGE PROGRAM;
(C) COMPLY WITH EXISTING CONFIDENTIALITY STANDARDS TO ENSURE THE
PRIVACY OF ALL INFORMATION COLLECTED FROM INDIVIDUALS RECEIVING NAVIGA-
TOR SERVICES; AND
(D) PROVIDE SERVICES UNDER THIS SECTION WITHOUT CHARGE TO THE INDIVID-
UALS RECEIVING SUCH 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-
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
S. 173 17
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
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 THE APPLICANT'S RECORD TO A
S. 173 18
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 AUTHORI-
ZATION 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
UNLAWFUL FOR ANY PERSON TO CONSIDER FOR THE PURPOSE OF ASSESSING ELIGI-
BILITY FOR BENEFITS, OR AS THE BASIS FOR AN EMPLOYMENT-RELATED ACTION,
AN INDIVIDUAL'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
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 THE COMMISSIONER'S DESIGNEE
UPON THE COMMISSIONER'S 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
S. 173 19
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 UNEMPLOYMENT BRIDGE PROGRAM FUND
ESTABLISHED PURSUANT TO SECTION NINETY-FIVE-L OF THE STATE FINANCE LAW.
§ 3. The state finance law is amended by adding a new section 95-l to
read as follows:
§ 95-L. UNEMPLOYMENT BRIDGE PROGRAM FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
AND THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "UNEMPLOY-
MENT BRIDGE 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
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
UNEMPLOYMENT BRIDGE 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 THE COMMISSION-
ER'S 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
S. 173 20
TO WITHHOLD ANY PART OF AN ADMINISTRATIVE GRANT WHICH WOULD OTHERWISE BE
MADE.
§ 4. The sum of five hundred million dollars ($500,000,000) is hereby
appropriated from any moneys in the state treasury in the general fund
to the credit of the state purposes account for the unemployment bridge
program fund in carrying out the provisions of this act, provided,
however, that fifteen per cent of the fund may be used for administra-
tive program costs and expenses, and that the work required from such
costs shall be provided by employees who are part of a union. Such sum
shall be payable on the audit and warrant of the state comptroller on
vouchers certified or approved in the manner provided by law. No expend-
iture 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
chairperson of the senate finance committee and the chairperson 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 chairperson of
the senate finance committee and the chairperson of the assembly ways
and means committee.
§ 5. This act shall take effect immediately.
PART B
Section 1. This act shall be known and may be cited as the "Digital Ad
Tax Act (DATA)".
§ 2. The tax law is amended by adding a new article 15 to read as
follows:
ARTICLE 15
TAX ON DIGITAL ADS
SECTION 330. DEFINITIONS.
331. IMPOSITION OF TAX.
332. RETURNS.
333. TAX PAYMENT.
334. DISPOSITION OF TAX.
§ 330. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. THE TERM "ANNUAL GROSS REVENUES" MEANS INCOME OR REVENUE FROM ALL
SOURCES IN NEW YORK STATE, BEFORE ANY EXPENSES OR TAXES, COMPUTED
ACCORDING TO GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
2. THE TERM "ASSESSABLE BASE" MEANS THE ANNUAL GROSS REVENUES DERIVED
FROM DIGITAL ADVERTISING SERVICES IN THE STATE.
3. THE TERM "DIGITAL ADVERTISING SERVICES" MEANS ADVERTISEMENT
SERVICES ON A DIGITAL INTERFACE, INCLUDING ADVERTISEMENTS IN THE FORM OF
BANNER ADVERTISING, SEARCH ENGINE ADVERTISING, INTERSTITIAL ADVERTISING,
AND OTHER COMPARABLE ADVERTISING SERVICES, THAT USE PERSONAL INFORMATION
ABOUT THE PEOPLE SUCH ADS ARE BEING SERVED TO.
4. THE TERM "DIGITAL INTERFACE" MEANS ANY TYPE OF SOFTWARE, INCLUDING
A WEBSITE, PART OF A WEBSITE, OR APPLICATION, THAT A USER IS ABLE TO
ACCESS.
5. (A) THE TERM "PERSON" MEANS AN INDIVIDUAL, RECEIVER, TRUSTEE, GUAR-
DIAN, PERSONAL REPRESENTATIVE, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND
AND ANY PARTNERSHIP, FIRM, ASSOCIATION, CORPORATION, OR OTHER ENTITY.
S. 173 21
(B) THE TERM "PERSON", UNLESS EXPRESSLY PROVIDED OTHERWISE, SHALL NOT
INCLUDE A GOVERNMENTAL ENTITY OR A UNIT OR INSTRUMENTALITY OF A GOVERN-
MENTAL ENTITY.
6. THE TERM "USER" MEANS AN INDIVIDUAL OR ANY OTHER PERSON WHO
ACCESSES A DIGITAL INTERFACE WITH A DEVICE.
§ 331. IMPOSITION OF TAX. 1. THERE IS HEREBY IMPOSED AND SHALL BE PAID
A TAX ON THE ANNUAL GROSS REVENUES ANY PERSON DERIVES FROM DIGITAL
ADVERTISING SERVICES IN THE STATE.
2. THE TAX IMPOSED PURSUANT TO THIS SECTION SHALL BE APPORTIONED TO
THE STATE BY THE APPORTIONMENT FACTOR DETERMINED PURSUANT TO THIS
SECTION. THE APPORTIONMENT FACTOR SHALL BE A FRACTION, DETERMINED BY
INCLUDING ONLY THE RECEIPTS, NET INCOME, NET GAINS, AND OTHER ITEMS
DESCRIBED IN THIS SECTION THAT ARE INCLUDED IN THE COMPUTATION OF THE
TAXPAYER'S BUSINESS INCOME FOR THE TAXABLE YEAR. THE NUMERATOR OF THE
APPORTIONMENT FRACTION SHALL BE EQUAL TO THE SUM OF ALL THE AMOUNTS
REQUIRED TO BE INCLUDED IN THE NUMERATOR PURSUANT TO THE PROVISIONS OF
THIS SECTION AND THE DENOMINATOR OF THE APPORTIONMENT FRACTION SHALL BE
EQUAL TO THE SUM OF ALL THE AMOUNTS REQUIRED TO BE INCLUDED IN THE
DENOMINATOR PURSUANT TO THE PROVISIONS OF THIS SECTION.
3. (A) THE ANNUAL GROSS REVENUES OF A PERSON DERIVED FROM DIGITAL
ADVERTISING IN THE STATE SHALL BE INCLUDED IN THE NUMERATOR OF THE
APPORTIONMENT FRACTION. THE ANNUAL GROSS REVENUES OF A PERSON DERIVED
FROM DIGITAL ADVERTISING IN THE UNITED STATES SHALL BE INCLUDED IN THE
DENOMINATOR OF THE APPORTIONMENT FRACTION.
(B) THE COMMISSIONER SHALL ADOPT REGULATIONS TO DETERMINE THE AMOUNT
OF REVENUE DERIVED FROM EACH STATE IN WHICH DIGITAL ADVERTISING SERVICES
ARE PROVIDED.
4. THE DIGITAL ADVERTISING GROSS REVENUES TAX RATE SHALL BE: (A) TWO
AND ONE-HALF PERCENT OF THE ASSESSABLE BASE FOR A PERSON WITH GLOBAL
ANNUAL GROSS REVENUES OF ONE HUNDRED MILLION DOLLARS THROUGH ONE BILLION
DOLLARS;
(B) FIVE PERCENT OF THE ASSESSABLE BASE FOR A PERSON WITH GLOBAL ANNU-
AL GROSS REVENUES OF ONE BILLION ONE DOLLARS THROUGH FIVE BILLION
DOLLARS;
(C) SEVEN AND ONE-HALF PERCENT OF THE ASSESSABLE BASE FOR A PERSON
WITH GLOBAL ANNUAL GROSS REVENUES OF FIVE BILLION ONE DOLLARS THROUGH
FIFTEEN BILLION DOLLARS; AND
(D) TEN PERCENT OF THE ASSESSABLE BASE FOR A PERSON WITH GLOBAL ANNUAL
GROSS REVENUES EXCEEDING FIFTEEN BILLION DOLLARS.
§ 332. RETURNS. 1. EACH PERSON THAT, IN A CALENDAR YEAR, HAS ANNUAL
GROSS REVENUES DERIVED FROM DIGITAL ADVERTISING SERVICES IN THE STATE OF
AT LEAST ONE MILLION DOLLARS SHALL COMPLETE, UNDER OATH, AND FILE WITH
THE COMMISSIONER A RETURN, ON OR BEFORE APRIL FIFTEENTH OF THE YEAR
FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE.
2. (A) EACH PERSON THAT REASONABLY EXPECTS SUCH PERSON'S ANNUAL GROSS
REVENUES DERIVED FROM DIGITAL ADVERTISING SERVICES IN THE STATE TO
EXCEED ONE MILLION DOLLARS SHALL COMPLETE, UNDER OATH, AND FILE WITH THE
COMMISSIONER, A DECLARATION OF ESTIMATED TAX, ON OR BEFORE APRIL
FIFTEENTH OF SUCH YEAR.
(B) ANY PERSON REQUIRED TO FILE A DECLARATION OF ESTIMATED TAX FOR A
TAXABLE YEAR PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL
COMPLETE AND FILE WITH THE COMMISSIONER A QUARTERLY ESTIMATED TAX RETURN
ON OR BEFORE JUNE FIFTEENTH, SEPTEMBER FIFTEENTH, AND DECEMBER FIFTEENTH
OF SUCH YEAR.
3. ANY PERSON REQUIRED TO FILE A RETURN PURSUANT TO THIS SECTION SHALL
FILE WITH SUCH RETURN AN ATTACHMENT THAT STATES ANY INFORMATION THAT THE
S. 173 22
COMMISSIONER REQUIRES TO DETERMINE ANNUAL GROSS REVENUES DERIVED FROM
DIGITAL ADVERTISING SERVICES IN THE STATE.
4. ANY PERSON REQUIRED TO FILE A RETURN UNDER SUBDIVISION TWO OF THIS
SECTION SHALL MAINTAIN RECORDS OF DIGITAL ADVERTISING SERVICES PROVIDED
IN THE STATE AND THE BASIS FOR THE CALCULATION OF THE DIGITAL ADVERTIS-
ING GROSS REVENUES TAX OWED.
§ 333. TAX PAYMENT. 1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS
SECTION, EACH PERSON REQUIRED TO FILE A RETURN UNDER SECTION THREE
HUNDRED THIRTY-TWO OF THIS ARTICLE SHALL PAY THE DIGITAL ADVERTISING
GROSS REVENUES TAX WITH THE RETURN THAT COVERS THE PERIOD FOR WHICH THE
TAX IS DUE.
2. ANY PERSON REQUIRED TO FILE ESTIMATED DIGITAL ADVERTISING GROSS
REVENUES TAX RETURNS UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION
THREE HUNDRED THIRTY-TWO OF THIS ARTICLE SHALL PAY:
(A) AT LEAST TWENTY-FIVE PERCENT OF THE ESTIMATED DIGITAL ADVERTISING
GROSS REVENUES TAX SHOWN ON THE DECLARATION OR AMENDED DECLARATION FOR A
TAXABLE YEAR:
(I) WITH THE DECLARATION OR AMENDED DECLARATION THAT COVERS THE YEAR;
AND
(II) WITH EACH QUARTERLY RETURN FOR SUCH YEAR; AND
(B) ANY UNPAID DIGITAL ADVERTISING GROSS REVENUES TAX FOR THE YEAR
SHOWN ON THE PERSON'S RETURN THAT COVERS THAT YEAR WITH THE RETURN.
§ 334. DISPOSITION OF TAX. THE TAX COLLECTED OR RECEIVED UNDER THIS
SECTION SHALL BE DEPOSITED IN THE UNEMPLOYMENT BRIDGE PROGRAM FUND
ESTABLISHED UNDER SECTION NINETY-FIVE-L OF THE STATE FINANCE LAW.
§ 3. The tax law is amended by adding a new section 1816 to read as
follows:
§ 1816. DIGITAL AD TAX. ANY WILLFUL ACT OR OMISSION BY ANY PERSON
WHICH CONSTITUTES A VIOLATION OF ANY PROVISION OF ARTICLE FIFTEEN OF
THIS CHAPTER SHALL CONSTITUTE A MISDEMEANOR.
§ 4. This act shall take effect immediately.
§ 2. 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 judg-
ment 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.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A and B of this act shall be as
specifically set forth in the last section of such Parts.