S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10414--A
 
                           I N  A S S E M B L Y
 
                               May 11, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. De La Rosa,
   Reyes,  Simotas,  Simon,  Epstein,  Ortiz,  Hevesi,  Davila,   Lentol,
   Seawright,  Frontus,  Gottfried,  Carroll, Nolan, Niou, Mosley, Glick,
   L. Rosenthal, Hunter, Blake, Cruz, Bronson, Rozic,  Kim,  Jean-Pierre,
   Jaffee, Rodriguez, Pichardo, Cahill, Thiele, Ramos, Fernandez, Taylor,
   Richardson,  Perry,  Solages,  O'Donnell,  Dinowitz,  Walker,  Weprin,
   Quart, Bichotte) -- read once and referred to the  Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to establish the "billionaire mark to market tax and  the  worker
   bailout fund act"; to amend the tax law, in relation to establishing a
   mark  to  market  tax;  to amend the state finance law, in relation to
   establishing the worker bailout fund; and to amend the labor  law,  in
   relation to establishing the worker bailout 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  "billio-
 naire mark to market tax and the worker bailout fund act".
   §  2.  The tax law is amended by adding a new section 612-a to read as
 follows:
   § 612-A. BILLIONAIRE MARK TO MARKET TAXATION.  (A)(1)  NOTWITHSTANDING
 ANY  OTHER PROVISION OF LAW TO THE CONTRARY, RESIDENT INDIVIDUAL TAXPAY-
 ERS WITH NET ASSETS WORTH ONE BILLION DOLLARS OR MORE  ON  THE  DATE  OF
 JULY FIRST, TWO THOUSAND TWENTY, SHALL RECOGNIZE GAIN OR LOSS AS IF EACH
 ASSET  OWNED  BY  THE  INDIVIDUAL TAXPAYER WERE SOLD FOR ITS FAIR MARKET
 VALUE ON THAT DATE. ANY RESULTING NET GAINS FROM THESE DEEMED SALES,  UP
 TO  THE  PHASE-IN CAP AMOUNT, SHALL BE INCLUDED IN THE TAXPAYER'S INCOME
 FOR THE TWO THOUSAND TWENTY TAX YEAR. PROPER ADJUSTMENT SHALL BE MADE IN
 THE AMOUNT OF ANY GAIN OR LOSS SUBSEQUENTLY REALIZED FOR  GAIN  OR  LOSS
 TAKEN  INTO  ACCOUNT  UNDER  THE  PRECEDING  SENTENCE. AT THE TAXPAYER'S
 OPTION, ANY ADDITIONAL TAX PAYABLE AS A RESULT OF THIS SUBSECTION  SHALL
 EITHER  BE  PAYABLE  ALONG  WITH ANY OTHER TAX OWED FOR THE TWO THOUSAND
 TWENTY TAX YEAR OR ELSE SHALL BE PAYABLE ANNUALLY IN TEN EQUAL  INSTALL-
 MENTS  BEGINNING  IN  THE YEAR OF THE EFFECTIVE DATE OF THIS SECTION AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16158-11-0

 A. 10414--A                         2
 
 WITH ALL SUCH INSTALLMENT PAYMENTS COMMENCING AFTER THE INITIAL INSTALL-
 MENT PAYMENT ALSO BEING SUBJECT  TO  AN  ANNUAL  NONDEDUCTIBLE  DEFERRAL
 CHARGE  OF  SEVEN AND ONE-HALF PERCENT ANNUALLY. FOR RESIDENT INDIVIDUAL
 TAXPAYERS  WHO  WOULD RECOGNIZE NET GAINS AS A RESULT OF THIS SUBSECTION
 EXCEPT FOR THE OPERATION OF THIS SENTENCE, IF THE TAXPAYER CAN SHOW THAT
 ANY PORTION OF SUCH GAINS WAS ACCUMULATED PRIOR TO THE TAXPAYER BECOMING
 A RESIDENT INDIVIDUAL OF NEW YORK, AND IF THE  TAXPAYER  CAN  ALSO  SHOW
 THAT  SUCH PORTION OF SUCH GAINS WAS PREVIOUSLY TAXED BY ANY PRIOR STATE
 OR JURISDICTION IN WHICH THE TAXPAYER WAS A RESIDENT PRIOR TO BECOMING A
 RESIDENT INDIVIDUAL OF NEW YORK, THEN CREDIT SHALL BE  PROVIDED  IN  THE
 AMOUNT  OF  ANY  SUCH TAX ON SUCH GAINS PAID TO ANY SUCH PRIOR STATES OR
 JURISDICTIONS IN WHICH THE TAXPAYER WAS A RESIDENT PRIOR TO  BECOMING  A
 RESIDENT  INDIVIDUAL  OF  NEW  YORK.  ANY  CREDITS  SO  PROVIDED BY THIS
 SUBSECTION, HOWEVER, SHALL NOT EXCEED THE LESSER OF THE TOTAL  TAX  OWED
 UNDER THIS SUBSECTION ON SUCH GAINS AND THE TAX IMPOSED ON SUCH GAINS BY
 SUCH  OTHER  PRIOR  STATES  OR JURISDICTIONS IN WHICH THE TAXPAYER WAS A
 RESIDENT PRIOR TO BECOMING A RESIDENT INDIVIDUAL OF NEW YORK.
   (2) FOR THE TWO THOUSAND TWENTY TAX YEAR, WHETHER AN INDIVIDUAL  IS  A
 RESIDENT  INDIVIDUAL  FOR  PURPOSES  OF THIS SECTION SHALL BE DETERMINED
 USING THE TESTS PROVIDED PURSUANT TO PARAGRAPH ONE OF SUBSECTION (B)  OF
 SECTION SIX HUNDRED FIVE OF THIS ARTICLE.
   (B)  SUBSEQUENT  TO TWO THOUSAND TWENTY, RESIDENT INDIVIDUAL TAXPAYERS
 WITH NET ASSETS THAT ARE WORTH ONE BILLION DOLLARS OR MORE AT THE END OF
 THE LAST DAY OF ANY TAX YEAR SHALL RECOGNIZE GAIN OR  LOSS  AS  IF  EACH
 ASSET  OWNED BY SUCH TAXPAYER ON SUCH DATE WERE SOLD FOR ITS FAIR MARKET
 VALUE ON SUCH DATE, BUT WITH ADJUSTMENT MADE FOR TAX  PAID  ON  GAIN  IN
 PREVIOUS  YEARS.  ANY RESULTING NET GAINS FROM THESE DEEMED SALES, UP TO
 THE PHASE-IN CAP AMOUNT, SHALL BE INCLUDED IN THE TAXPAYER'S INCOME  FOR
 SUCH  TAXABLE YEAR. PROPER ADJUSTMENT SHALL BE MADE IN THE AMOUNT OF ANY
 GAIN OR LOSS SUBSEQUENTLY REALIZED FOR GAIN OR LOSS TAKEN  INTO  ACCOUNT
 UNDER THE PRECEDING SENTENCE. TO THE EXTENT THAT THE LOSSES OF A TAXPAY-
 ER EXCEED SUCH TAXPAYER'S GAINS, SUCH NET LOSSES SHALL NOT BE RECOGNIZED
 IN  SUCH  TAXABLE YEAR AND SHALL INSTEAD CARRY FORWARD INDEFINITELY. FOR
 RESIDENT INDIVIDUAL TAXPAYERS WHO WOULD RECOGNIZE NET GAINS AS A  RESULT
 OF  THIS  SUBSECTION  EXCEPT FOR THE OPERATION OF THIS SENTENCE, BUT WHO
 WERE NOT RESIDENT INDIVIDUALS FOR ALL OF THE PRECEDING FIVE  TAX  YEARS,
 SOLELY FOR PURPOSES OF DEEMED SALES PURSUANT TO THIS SUBSECTION, THE TAX
 BASIS  OF  EACH  ASSET OWNED ON THE LAST DAY OF THE LAST TAX YEAR BEFORE
 THE RESIDENT INDIVIDUAL BECAME A NEW YORK RESIDENT  SHALL  BE  THE  FAIR
 MARKET VALUE OF THE ASSET AS OF THAT DAY.
   (C)  FOR EACH DATE ON WHICH GAINS OR LOSSES ARE RECOGNIZED AS A RESULT
 OF THIS SECTION, THE PHASE-IN CAP AMOUNT SHALL BE EQUAL TO A QUARTER  OF
 THE WORTH OF A TAXPAYER'S NET ASSETS IN EXCESS OF ONE BILLION DOLLARS ON
 SUCH DATE.
   (D)  FOR  THE  PURPOSES  OF  DETERMINING WHETHER A RESIDENT INDIVIDUAL
 TAXPAYER HAS NET ASSETS WORTH ONE BILLION  DOLLARS  OR  MORE,  THE  TERM
 "ASSETS"  SHALL  INCLUDE  ALL  OF  THE FOLLOWING, BUT ONLY TO THE EXTENT
 ALLOWABLE UNDER THE NEW YORK CONSTITUTION, THE UNITED  STATES  CONSTITU-
 TION,  AND  ANY OTHER GOVERNING FEDERAL LAW: ALL OWNED REAL OR PERSONAL,
 TANGIBLE OR INTANGIBLE, PROPERTY, WHEREVER SITUATED, (1)  OWNED  BY  THE
 TAXPAYER,  (2)  OWNED  BY  THE TAXPAYER'S SPOUSE, MINOR CHILDREN, OR ANY
 TRUST OR ESTATE OF WHICH THE TAXPAYER IS A BENEFICIARY, (3)  CONTRIBUTED
 BY  THE  TAXPAYER  OR ANY PERSON OR ENTITY DESCRIBED IN PARAGRAPH TWO OF
 THIS SUBSECTION TO ANY PRIVATE FOUNDATION, DONOR ADVISED FUND,  AND  ANY
 OTHER  ENTITY DESCRIBED IN SECTION 501(C) OR SECTION 527 OF THE INTERNAL
 REVENUE CODE OF WHICH THE TAXPAYER AND/OR ANY PERSON OR ENTITY DESCRIBED

 A. 10414--A                         3
 
 IN PARAGRAPH TWO OF THIS SUBSECTION IS  A  SUBSTANTIAL  CONTRIBUTOR  (AS
 SUCH TERM IS DEFINED IN SECTION 4958(C)(3)(B)(I) OF THE INTERNAL REVENUE
 CODE),  AND (4) WITHOUT DUPLICATION, ALL GIFTS AND DONATIONS MADE WITHIN
 THE PAST FIVE YEARS BY THE TAXPAYER OR ANY PERSON OR ENTITY DESCRIBED IN
 PARAGRAPH  TWO  OF  THIS  SUBSECTION AS IF SUCH GIFTS AND DONATIONS WERE
 STILL OWNED BY THE TAXPAYER. FOR  THE  PURPOSE  OF  THIS  SECTION,  "NET
 ASSETS"  SHALL  INCLUDE  THE  FAIR  MARKET VALUE OF ASSETS LESS THE FAIR
 MARKET VALUE OF LIABILITIES OF THE TAXPAYER AND, IN APPROPRIATE CASES AS
 DETERMINED BY  THE  COMMISSIONER,  LIABILITIES  OF  SUCH  OTHER  PERSONS
 DESCRIBED IN THE DEFINITION OF ASSETS.
   (E)  (1)  THE  FAIR  MARKET  VALUE OF EACH ASSET OWNED BY THE TAXPAYER
 SHALL BE THE PRICE AT WHICH SUCH ASSET  WOULD  CHANGE  HANDS  BETWEEN  A
 WILLING  BUYER  AND A WILLING SELLER, NEITHER BEING UNDER ANY COMPULSION
 TO BUY OR TO SELL, AND BOTH  HAVING  REASONABLE  KNOWLEDGE  OF  RELEVANT
 FACTS.  THE  VALUE  OF  A PARTICULAR ASSET SHALL NOT BE THE PRICE THAT A
 FORCED SALE OF THE PROPERTY WOULD  PRODUCE.  FURTHER,  THE  FAIR  MARKET
 VALUE  OF  AN  ASSET  SHALL NOT BE THE SALE PRICE IN A MARKET OTHER THAN
 THAT IN WHICH SUCH ITEM IS MOST COMMONLY SOLD TO THE PUBLIC, TAKING INTO
 ACCOUNT THE LOCATION OF THE ITEM WHEREVER APPROPRIATE. IN THE CASE OF AN
 ASSET WHICH IS GENERALLY OBTAINED BY THE PUBLIC IN  THE  RETAIL  MARKET,
 THE  FAIR MARKET VALUE OF SUCH AN ASSET SHALL BE THE PRICE AT WHICH SUCH
 ITEM OR A COMPARABLE ITEM WOULD BE SOLD AT RETAIL.
   (2) FOR PURPOSES OF THIS SECTION, ANY FEATURE OF AN ASSET, SUCH  AS  A
 POISON  PILL,  THAT  WAS  ADDED  WITH THE INTENT, AND HAS THE EFFECT, OF
 REDUCING THE VALUE OF THE ASSET SHALL BE DISREGARDED, AND  NO  VALUATION
 OR  OTHER  DISCOUNT  SHALL  BE  TAKEN  INTO ACCOUNT IF IT WOULD HAVE THE
 EFFECT OF REDUCING THE VALUE OF A PRO RATA ECONOMIC INTEREST IN AN ASSET
 BELOW THE PRO RATA PORTION OF THE VALUE OF THE ENTIRE ASSET.
   (F) (1) (A) THE COMMISSIONER SHALL AMEND THE NEW YORK PERSONAL  INCOME
 TAX  FORMS  AND  AMEND  OR  CREATE  ANY OTHER FORMS AS NECESSARY FOR THE
 REPORTING OF GAINS  BY  ASSETS.  ASSETS  SHALL  BE  LISTED  WITH  (I)  A
 DESCRIPTION  OF  THE  ASSET, (II) THE ASSET CATEGORY, (III) THE YEAR THE
 ASSET WAS ACQUIRED, (IV) THE ADJUSTED NEW YORK BASIS OF THE ASSET AS  OF
 DECEMBER  THIRTY-FIRST OF THE TAX YEAR, (V) THE FAIR MARKET VALUE OF THE
 ASSET AS OF DECEMBER THIRTY-FIRST OF THE TAX YEAR, AND (VI)  THE  AMOUNT
 OF  GAIN  THAT WOULD BE NEW YORK TAXABLE INCOME, UNLESS THE COMMISSIONER
 SHALL DETERMINE THAT ONE OR MORE CATEGORIES IS  NOT  APPROPRIATE  FOR  A
 PARTICULAR TYPE OF ASSET.
   (B) ASSET CATEGORIES SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOW-
 ING:
   (I) STOCK HELD IN ANY PUBLICLY TRADED CORPORATION;
   (II) STOCK HELD IN ANY PRIVATE TRADED C CORPORATION;
   (III) STOCK HELD IN ANY S CORPORATION;
   (IV)  INTERESTS  IN  ANY  PRIVATE  EQUITY OR HEDGE FUND ORGANIZED AS A
 PARTNERSHIP;
   (V) INTERESTS IN ANY OTHER PARTNERSHIPS;
   (VI) INTERESTS IN ANY OTHER NONCORPORATE BUSINESSES;
   (VII) BONDS AND INTEREST BEARING SAVINGS ACCOUNTS, CASH AND DEPOSITS;
   (VIII) INTERESTS IN MUTUAL FUNDS OR INDEX FUNDS;
   (IX) PUT AND CALL OPTIONS;
   (X) FUTURES CONTRACTS;
   (XI) FINANCIAL ASSETS HELD OFFSHORE REPORTED ON  IRS  TAX  FORM  EIGHT
 THOUSAND NINE HUNDRED THIRTY-EIGHT;
   (XII) REAL PROPERTY;
   (XIII) ART AND COLLECTIBLES;
   (XIV) PENSION FUNDS;

 A. 10414--A                         4
 
   (XV) OTHER ASSETS;
   (XVI) DEBTS AND LIABILITIES; AND
   (XVII) ASSETS NOT OWNED BY THE TAXPAYER BUT WHICH COUNT TOWARD THE ONE
 BILLION DOLLAR THRESHOLD PURSUANT TO SUBSECTION (D) OF THIS SECTION.
   (2)  THE  COMMISSIONER  SHALL  SPECIFICALLY REQUEST THE FILING OF SUCH
 FORMS BY ANY RESIDENT INDIVIDUAL EXPECTED TO HAVE NET ASSETS  IN  EXCESS
 OF ONE BILLION DOLLARS. SUCH TAXPAYERS SHALL INCLUDE, BUT NOT BE LIMITED
 TO,  (A)  TAXPAYERS  LISTED  AS BILLIONAIRES ON PUBLISHED LISTS, AND (B)
 TAXPAYERS WITH AN ADJUSTED GROSS INCOME SUMMED  OVER  THE  PREVIOUS  TEN
 YEARS IN EXCESS OF SIX HUNDRED MILLION DOLLARS.
   (G)  IN  THE EVENT THAT ANY RESIDENT INDIVIDUAL TAXPAYER BECOMES A NEW
 YORK RESIDENT SUBSEQUENT TO PAYING TAX TO ANOTHER STATE AS A  RESULT  OF
 RECOGNIZING GAIN OR LOSS PURSUANT TO ANY MARK-TO-MARKET OR DEEMED-REALI-
 ZATION  REGIME  OF  THAT OTHER STATE, PROPER ADJUSTMENT SHALL BE MADE IN
 THE AMOUNT OF ANY GAIN OR LOSS SUBSEQUENTLY REALIZED FOR  GAIN  OR  LOSS
 TAKEN  INTO  ACCOUNT  UNDER  SUCH  MARK-TO-MARKET  OR DEEMED-REALIZATION
 REGIME OF THAT OTHER STATE FOR PURPOSES OF COMPUTING GAIN OR LOSS  UNDER
 SUBSECTION  (A)  OR  (B)  OF  THIS  SECTION OR UNDER SECTION SIX HUNDRED
 TWELVE OF THIS ARTICLE.
   (H) IN THE EVENT THAT ANY PROVISION OF THIS SECTION  IS  FOUND  TO  BE
 INVALID,  UNCONSTITUTIONAL,  OR  OTHERWISE  UNENFORCEABLE,  THAT FINDING
 SHALL NOT AFFECT ANY OTHER  PROVISION  IN  THIS  SECTION  WHICH  CAN  BE
 ENFORCED WITHOUT THE USE OF THE OFFENDING PROVISION.
   (I)  THE MONEYS RECEIVED FROM ANY ADDITIONAL TAXES PAID AS A RESULT OF
 THIS SECTION, AFTER DEDUCTING THE AMOUNT THE COMMISSIONER  SHALL  DETER-
 MINE TO BE NECESSARY FOR REASONABLE COSTS OF THE STATE TAX COMMISSION IN
 ADMINISTERING, ENFORCING, COLLECTING AND DISTRIBUTING SUCH TAX, SHALL BE
 DISTRIBUTED  TO  THE WORKER BAILOUT FUND ESTABLISHED PURSUANT TO SECTION
 NINETY-FIVE-J OF THE STATE FINANCE LAW.
   (J) THE COMMISSIONER  SHALL  PROMULGATE  SUCH  RULES  AND  REGULATIONS
 NECESSARY  OR  APPROPRIATE  TO  CARRY  OUT THE PURPOSES OF THIS SECTION,
 INCLUDING RULES TO  PREVENT  THE  USE  OF  YEAR-END  TRANSFERS,  RELATED
 PARTIES, OR OTHER ARRANGEMENTS TO AVOID THE PROVISIONS OF THIS SECTION.
   §  3. The state finance law is amended by adding a new section 95-j to
 read as follows:
   § 95-J. WORKER BAILOUT FUND. 1. THERE IS  HEREBY  ESTABLISHED  IN  THE
 JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE
 COMPTROLLER A FUND TO BE KNOWN AS THE "WORKER BAILOUT FUND".
   2. THE WORKER BAILOUT FUND SHALL CONSIST OF ALL MONEYS  COLLECTED  AND
 RECEIVED BY THE COMMISSIONER PURSUANT TO SECTION SIX HUNDRED TWELVE-A OF
 THE  TAX  LAW, INCLUDING ANY INTEREST AND PENALTIES ASSOCIATED WITH SUCH
 COLLECTION.
   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
 WORKER BAILOUT FUND AND SHALL BE USED FOR  THE  PURPOSES  SET  FORTH  IN
 SECTION  SIX HUNDRED FORTY-FOUR OF THIS ARTICLE. 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.
   4. 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

 A. 10414--A                         5
 
 DISABILITY OF A CLOSE HOUSEHOLD MEMBER WHO COULD NOT ACCESS UNEMPLOYMENT
 INSURANCE OR OTHER WORKER WAGE ASSISTANCE PROGRAMS.  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 THE DULY DESIG-
 NATED 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 (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.
   § 4. The labor law is amended by adding a new section 591-b to read as
 follows:
   §  591-B.  WORKER BAILOUT PROGRAM. 1. THE DEPARTMENT IS HEREBY AUTHOR-
 IZED AND EMPOWERED TO ESTABLISH AND OPERATE A WORKER BAILOUT PROGRAM  AS
 AUTHORIZED PURSUANT TO SECTION SIX HUNDRED FORTY-FOUR OF THIS ARTICLE.
   2.  EACH  WORKER BAILOUT 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 WORKER  BAIL-
 OUT  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 EMPLOY-
 MENT, SCHOOL OR EDUCATIONAL  INSTITUTION  ATTENDED,  SOURCE  OF  INCOME,
 STATUS  AS  A  RECIPIENT OF PUBLIC BENEFITS, THE CUSTOMER IDENTIFICATION
 NUMBER ASSOCIATED WITH A PUBLIC UTILITIES ACCOUNT,  MEDICAL  INFORMATION
 OR  DISABILITY  INFORMATION  OF  THE  HOLDER  OF, OR APPLICANT FOR, SUCH
 PROGRAM IS NOT A PUBLIC RECORD AND SHALL NOT BE DISCLOSED  OR  OTHERWISE
 MADE ACCESSIBLE IN RESPONSE TO ANY REQUEST FOR RECORDS EXCEPT:
   (A) TO THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS; OR

 A. 10414--A                         6
 
   (B)  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,  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 WORKER BAILOUT PROGRAM OR WORKER BAILOUT 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 WORKER BAILOUT PROGRAM OR THE WORKER BAIL-
 OUT FUND.
   §  5.  The labor law is amended by adding a new section 644 to read as
 follows:
   § 644. ELIGIBILITY FOR WORKER BAILOUT PROGRAM. 1. FOR THE  PURPOSE  OF
 SECTION  FIVE  HUNDRED  NINETY-ONE-B  OF  THIS ARTICLE, THE TERM "WORKER
 BAILOUT 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 WORKER BAILOUT 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

 A. 10414--A                         7
 
 THE  LAST  DAY OF SUCH AN EMERGENCY PERIOD OCCURS; OR (D) UP TO THE LAST
 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 NINE-
 TEEN.
   2. NO INDIVIDUAL SHALL BE ELIGIBLE TO  RECEIVE  ASSISTANCE  UNDER  THE
 WORKER  BAILOUT  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 THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY. 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. 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; (II) THE LAST DAY OF THE CALENDAR QUARTER
 DURING WHICH THE GOVERNMENT OF THE UNITED STATES HAS AUTHORIZED  RENEWAL
 OR  EXTENSION BEYOND THE DATE OF PANDEMIC UNEMPLOYMENT ASSISTANCE; (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  QUAR-
 TER  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 UNEMPLOYMENT RATE OF SIX
 PERCENT OR MORE IN THE STATE.
   4. NO INDIVIDUAL SHALL BE REQUIRED TO APPLY FOR ASSISTANCE  UNDER  THE
 WORKER  BAILOUT  PROGRAM  AS A CONDITION OF ELIGIBILITY FOR ANY STATE OR
 LOCAL PROGRAM.
   § 6. This act shall take effect immediately.