Creates a joint committee to provide oversight on unemployment insurance; authorizes the department of labor to conduct a study on potentially changing how unemployment insurance benefits are paid out.
STATE OF NEW YORK
________________________________________________________________________
8436
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The labor law is amended by adding a new section 641 to
2 read as follows:
3 § 641. Joint committee for unemployment insurance oversight. 1. There
4 is hereby established a joint committee on unemployment insurance over-
5 sight. Such committee shall consist of fourteen members, three of whom
6 shall be appointed by the temporary president of the senate, three of
7 whom shall be appointed by the speaker of the assembly, the commissioner
8 of labor or their designee, secretary of state or their designee, a
9 representative of the Business Council of New York state, a represen-
10 tative of the New York state chamber of commerce, two representatives of
11 union labor, and two representatives of the academic profession whom are
12 knowledgeable in unemployment insurance law whom are jointly appointed
13 by the temporary president of the senate and speaker of assembly. The
14 temporary president of the senate and speaker of the assembly shall
15 appoint a senator and assembly member, respectively, each to serve as
16 co-chair. Members of the committee shall serve at the pleasure of the
17 appointing authority. Members of the committee shall receive no compen-
18 sation for their services but shall be allowed their actual and neces-
19 sary expenses incurred in the performance of their duties pursuant to
20 this section.
21 2. The committee established pursuant to this section shall examine
22 the following:
23 (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
1 (b) any potential need for additional alterations to the unemployment
2 insurance system, including the charging, taxing, eligibility, and bene-
3 fit provisions;
4 (c) the equality of the unemployment insurance system in how such
5 benefits are paid out; and
6 (d) the fiscal health of the unemployment insurance trust fund.
7 3. The committee shall have the power to subpoena and to take testimo-
8 ny by deposition and the power to compel the attendance of witnesses and
9 the production of records, in the same manner as prescribed by law in
10 judicial proceedings in the courts of this state.
11 4. The committee shall make a report on its findings and recommenda-
12 tions to the governor and the legislature on December thirty-first of
13 each year in which the committee meets. The committee shall make such
14 findings and recommendations available to the public on the department's
15 website.
16 § 2. The department of labor, in collaboration with the office of the
17 attorney general and the joint committee on unemployment insurance over-
18 sight established pursuant to section one of this act, shall conduct a
19 comprehensive study on unemployment insurance in the state.
20 1. Such study shall examine:
21 (a) any report or recommendation made by the National Academy of
22 Social Insurance Unemployment Insurance Task Force of two thousand twen-
23 ty-one;
24 (b) the effects of potentially expanding eligibility for unemployment
25 insurance to include individuals who left their job:
26 (i) for family reasons including accompanying a spouse to a new work
27 location or to fulfill a caregiving obligation; or
28 (ii) due to job schedule volatility;
29 (c) whether the state is appropriately applying the definition of
30 "employee" to cover seasonal, temporary, and gig economy workers; and if
31 needed, identify changes to law or establishing a new benefits program
32 to assist all seasonal, temporary, or gig economy workers;
33 (d) the effects of potentially increasing the maximum weekly benefit
34 amount;
35 (e) the effects of potentially increasing the maximum weekly benefit
36 amount based on inflation or wage growth;
37 (f) the effects of potentially changing the dependent allowance,
38 including allowing the dependent allowance to be added to the maximum
39 weekly benefit;
40 (g) the effects of increasing the dependent allowance based on
41 inflation or wage growth;
42 (h) the effects of creating new standards for when an employee is
43 entitled to claim unemployment insurance benefits if the employee:
44 (i) leaves a job due to unsafe working conditions;
45 (ii) leaves a job due to an unreasonable risk of infection;
46 (iii) is terminated for refusing to work under unsafe work conditions
47 or declines to accept work due to unsafe work conditions.
48 2. The department shall make a report of the findings of its study,
49 including any recommendations for legislative action as it may deem
50 necessary and appropriate. Such report shall be delivered to the gover-
51 nor, the temporary president of the senate and the speaker of the assem-
52 bly on or before December first, two thousand twenty-six. Such findings
53 shall be made available to the public on the department's website.
54 § 3. This act shall take effect immediately.
