Bill Text: NY A06374 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the sharing of information of certain employment data with state and municipal agencies and certain local development corporations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-03 - referred to labor [A06374 Detail]
Download: New_York-2023-A06374-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6374 2023-2024 Regular Sessions IN ASSEMBLY April 5, 2023 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to the sharing of information with state and municipal agencies and certain local development corpo- rations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (ii) of paragraph g of subdivision 3 of 2 section 537 of the labor law, as added by chapter 6 of the laws of 2007, 3 clauses 1, 4 and 5 as amended and clauses 6, 7 and 8 as added by chapter 4 551 of the laws of 2008, clause 5 as further amended by section 104 of 5 part A of chapter 62 of the laws of 2011, clause 9 as amended by chapter 6 265 of the laws of 2013 and clauses 10 and 11 as added by chapter 456 of 7 the laws of 2013, is amended to read as follows: 8 (ii) The information disclosed pursuant to this paragraph may be 9 disclosed to the following agencies to be used exclusively for the 10 following legitimate governmental purposes: 11 (1) any federal, state or local agency in the investigation of fraud 12 relating to public programs, or misuse of public funds; 13 (2) any state or United States territorial workforce agency, local 14 workforce investment board and its agents, and one-stop operating part- 15 ner receiving funds under the workforce investment act of 1998 for 16 program performance purposes and other legitimate programmatic purposes 17 authorized by the commissioner; 18 (3) the United States department of labor or its agents, as required 19 by law, or in connection with the requirements imposed as a result of 20 receiving federal administrative funding; 21 (4) state and local economic development agencies, or their agents, 22 where such information is necessary to carry out the statutory functions 23 of such agencies, shall receive a quarterly census of employment and 24 wage information compiled by the department, provided that such disclo- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10427-01-3A. 6374 2 1 sure shall not violate federal law. Any redisclosure of information 2 obtained by such agencies under this clause shall be limited to tabu- 3 lation and publication of such information in an aggregated statistical 4 form. No individual identifying information obtained pursuant to this 5 clause shall be redisclosed in the course of the tabulation or publica- 6 tion. As used in this clause, the term "aggregated statistical form" 7 shall mean, in the case of information regarding individuals, a data set 8 that includes information about not fewer than ten individuals, and, in 9 the case of employer information, a data set that includes information 10 about no fewer than three employers, of which no one employer comprises 11 more than eighty percent of the aggregated data set; [and] 12 (5) the workers' compensation board, the state insurance fund and the 13 state department of financial services, for purposes of determining 14 compliance with the coverage of workers' compensation and disability 15 insurance and to the workers' compensation board for purposes of deter- 16 mining eligibility for workers' compensation benefits[.]; 17 (6) any federal, state, or local law enforcement agency in accordance 18 with a proper judicial order or grand jury subpoena served upon the 19 department[.]; 20 (7) the office of temporary and disability assistance, or local social 21 services districts, for purposes of establishing or verifying the income 22 and eligibility of applicants for, or recipients of, benefits under 23 state public assistance programs for such benefits. Information obtained 24 by the office of temporary and disability assistance under this clause 25 shall not be disclosed, except to local social services districts for 26 purposes of establishing or verifying the income and eligibility of 27 applicants for, or recipients of, benefits under state public assistance 28 programs[.]; 29 (8) the office of vocational and educational services for individuals 30 with disabilities of the education department for the evaluation of the 31 effect on earnings of participants, or former participants, in employ- 32 ment and training programs for which the office of vocational and educa- 33 tional services for individuals with disabilities of the education 34 department has reporting, monitoring or evaluating responsibilities[.]; 35 (9) the commission for the blind for the evaluation of the effect on 36 earnings of participants, or former participants, in employment and 37 training programs for which the commission for the blind has reporting, 38 monitoring or evaluating responsibilities[.]; 39 (10) any other federal, state, or local governmental agency, including 40 the state university of New York, the city university of New York, and 41 any of their constituent units, or the agents or contractors of a 42 governmental agency, where such information is to be used for (A) evalu- 43 ation of program performance, including, but not limited to, longitudi- 44 nal outcome analysis of programs (including programs funded by public or 45 private moneys or a combination thereof) to the extent permitted by 46 federal law; (B) financial or other analysis required by federal, state, 47 or local law or regulation; (C) preparation of reports required by 48 federal, state, or local law or regulation; (D) operation of public 49 programs by such agencies, their agents, contractors and subcontractors, 50 whenever the commissioner determines that such information sharing is 51 for the purpose of improving the quality or delivery of program services 52 or to create operational efficiencies; or (E) establishment of common 53 case management systems between federal, state, or local agencies deliv- 54 ering or supporting workforce services for a shared customer base, wher- 55 ever such common case management system is for the purpose of fostering 56 workforce partnerships, program coordination, inter-agency collab-A. 6374 3 1 oration, improving program services, or creating operational efficien- 2 cies. Any redisclosure of information obtained by such agencies, their 3 agents, or their contractors under this clause shall be limited to tabu- 4 lation and publication of such information in an aggregated statistical 5 form, except when an agency, its agent, its contractor or other agency 6 must exchange such information for an authorized purpose as provided for 7 in the written agreement required by 20 CFR Part 603. No individual 8 identifying information obtained pursuant to paragraph d of subdivision 9 one of this section shall be redisclosed in the course of the tabulation 10 or publication. As used in this clause, the term "aggregated statistical 11 form" shall mean, in the case of information regarding individuals, a 12 data set that includes information about no fewer than ten individuals, 13 and, in the case of employer information, a data set that includes 14 information about no fewer than three employers, of which no one employ- 15 er comprises more than eighty percent of the aggregated data set. When 16 the commissioner approves a requested disclosure of information for the 17 purposes of a longitudinal study, the commissioner shall allow such 18 information to be used for a specified period of time as provided for in 19 the written agreement required by 20 CFR Part 603. Such agreement may 20 only provide for information to be used for a period of up to ten years 21 but may be renewed for additional periods of time[.]; 22 (11) (A) Pursuant to clause ten of this subparagraph, the commissioner 23 shall electronically post in a place accessible by the general public 24 (i) the minimum conditions for granting a request from governmental 25 agencies for disclosure of information, (ii) a standard application for 26 submitting requests for disclosure of unemployment insurance information 27 in individually identifiable form in accordance with paragraph d of 28 subdivision one of this section, in de-identified unit level form, or 29 aggregated statistical form, (iii) the timeframe for information request 30 determinations by the commissioner, such that within twenty business 31 days of receiving a request, the commissioner shall either approve or 32 deny the request or ask for additional information; within twenty busi- 33 ness days of receiving a request for additional information, the 34 requesting agency shall respond to the commissioner, and; within thirty 35 calendar days of receiving the additional information, the commissioner 36 shall provide a final approval or denial of the request, and (iv) 37 contact information for assistance with requests for disclosure of 38 information. 39 (B) Any approval or denial pursuant to clause ten of this subparagraph 40 shall be in writing. Denials shall identify the reason or category of 41 reason for the denial. 42 (C) The commissioner shall issue guidelines regarding the development 43 of agreements with respect to disclosures approved pursuant to clause 44 ten of this subparagraph, and such guidelines shall include, but not be 45 limited to, the process and timeframe for developing such agreements and 46 the terms therein consistent with 20 CFR Part 603 and other federal 47 regulations[.]; and 48 (12) agencies of cities having a population of one million or more and 49 the New York city economic development corporation, where such informa- 50 tion is necessary for: the development and evaluation of economic devel- 51 opment strategies for specific industries and neighborhoods; the 52 performance of land use planning, the development of economic impact 53 strategies for specific industries and neighborhoods, and the analysis 54 of environmental impacts of actions requiring review under state or 55 local law; the evaluation of trends in hiring, employment, and wages in 56 specific industries and neighborhoods and the monitoring of employeeA. 6374 4 1 placement and training programs; or the forecasting and monitoring of 2 tax revenue and the tracking of employment patterns and worker flows 3 across specific industries and neighborhoods. Information disclosed 4 pursuant to this clause shall be limited to the following for each 5 employer: name, address, location, industry, total wages, number of 6 employees, employer and reporting unit account numbers, initial tax 7 liability date, and codes indicating private or government ownership and 8 multiple establishment employers. 9 § 2. This act shall take effect immediately.
