Bill Text: NY S05773 | 2013-2014 | General Assembly | Amended
Bill Title: Permits the disclosure of unemployment insurance information with public entities for certain purposes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-06-21 - SUBSTITUTED BY A7911B [S05773 Detail]
Download: New_York-2013-S05773-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5773--A
2013-2014 Regular Sessions
I N S E N A T E
June 13, 2013
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the labor law, in relation to the sharing of unemploy-
ment insurance information with public entities for certain authorized
purposes
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 is amended by adding two new clauses 10 and
3 11 to read as follows:
4 (10) ANY OTHER FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY, INCLUDING
5 THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, AND
6 ANY OF THEIR CONSTITUENT UNITS, OR THE AGENTS OR CONTRACTORS OF A
7 GOVERNMENTAL AGENCY, WHERE SUCH INFORMATION IS TO BE USED FOR (A) EVALU-
8 ATION OF PROGRAM PERFORMANCE, INCLUDING, BUT NOT LIMITED TO, LONGITUDI-
9 NAL OUTCOME ANALYSIS OF PROGRAMS (INCLUDING PROGRAMS FUNDED BY PUBLIC OR
10 PRIVATE MONEYS OR A COMBINATION THEREOF) TO THE EXTENT PERMITTED BY
11 FEDERAL LAW; (B) FINANCIAL OR OTHER ANALYSIS REQUIRED BY FEDERAL, STATE,
12 OR LOCAL LAW OR REGULATION; (C) PREPARATION OF REPORTS REQUIRED BY
13 FEDERAL, STATE, OR LOCAL LAW OR REGULATION; (D) OPERATION OF PUBLIC
14 PROGRAMS BY SUCH AGENCIES, THEIR AGENTS, CONTRACTORS AND SUBCONTRACTORS,
15 WHENEVER THE COMMISSIONER DETERMINES THAT SUCH INFORMATION SHARING IS
16 FOR THE PURPOSE OF IMPROVING THE QUALITY OR DELIVERY OF PROGRAM SERVICES
17 OR TO CREATE OPERATIONAL EFFICIENCIES; OR (E) ESTABLISHMENT OF COMMON
18 CASE MANAGEMENT SYSTEMS BETWEEN FEDERAL, STATE, OR LOCAL AGENCIES DELIV-
19 ERING OR SUPPORTING WORKFORCE SERVICES FOR A SHARED CUSTOMER BASE, WHER-
20 EVER SUCH COMMON CASE MANAGEMENT SYSTEM IS FOR THE PURPOSE OF FOSTERING
21 WORKFORCE PARTNERSHIPS, PROGRAM COORDINATION, INTER-AGENCY COLLAB-
22 ORATION, IMPROVING PROGRAM SERVICES, OR CREATING OPERATIONAL EFFICIEN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11440-05-3
S. 5773--A 2
1 CIES. ANY REDISCLOSURE OF INFORMATION OBTAINED BY SUCH AGENCIES, THEIR
2 AGENTS, OR THEIR CONTRACTORS UNDER THIS CLAUSE SHALL BE LIMITED TO TABU-
3 LATION AND PUBLICATION OF SUCH INFORMATION IN AN AGGREGATED STATISTICAL
4 FORM, EXCEPT WHEN AN AGENCY, ITS AGENT, ITS CONTRACTOR OR OTHER AGENCY
5 MUST EXCHANGE SUCH INFORMATION FOR AN AUTHORIZED PURPOSE AS PROVIDED FOR
6 IN THE WRITTEN AGREEMENT REQUIRED BY 20 CFR PART 603. NO INDIVIDUAL
7 IDENTIFYING INFORMATION OBTAINED PURSUANT TO PARAGRAPH D OF SUBDIVISION
8 ONE OF THIS SECTION SHALL BE REDISCLOSED IN THE COURSE OF THE TABULATION
9 OR PUBLICATION. AS USED IN THIS CLAUSE, THE TERM "AGGREGATED STATISTICAL
10 FORM" SHALL MEAN, IN THE CASE OF INFORMATION REGARDING INDIVIDUALS, A
11 DATA SET THAT INCLUDES INFORMATION ABOUT NO FEWER THAN TEN INDIVIDUALS,
12 AND, IN THE CASE OF EMPLOYER INFORMATION, A DATA SET THAT INCLUDES
13 INFORMATION ABOUT NO FEWER THAN THREE EMPLOYERS, OF WHICH NO ONE EMPLOY-
14 ER COMPRISES MORE THAN EIGHTY PERCENT OF THE AGGREGATED DATA SET. WHEN
15 THE COMMISSIONER APPROVES A REQUESTED DISCLOSURE OF INFORMATION FOR THE
16 PURPOSES OF A LONGITUDINAL STUDY, THE COMMISSIONER SHALL ALLOW SUCH
17 INFORMATION TO BE USED FOR A SPECIFIED PERIOD OF TIME AS PROVIDED FOR IN
18 THE WRITTEN AGREEMENT REQUIRED BY 20 CFR PART 603. SUCH AGREEMENT MAY
19 ONLY PROVIDE FOR INFORMATION TO BE USED FOR A PERIOD OF UP TO TEN YEARS
20 BUT MAY BE RENEWED FOR ADDITIONAL PERIODS OF TIME.
21 (11) (A) PURSUANT TO CLAUSE TEN OF THIS SUBPARAGRAPH, THE COMMISSIONER
22 SHALL ELECTRONICALLY POST IN A PLACE ACCESSIBLE BY THE GENERAL PUBLIC
23 (I) THE MINIMUM CONDITIONS FOR GRANTING A REQUEST FROM GOVERNMENTAL
24 AGENCIES FOR DISCLOSURE OF INFORMATION, (II) A STANDARD APPLICATION FOR
25 SUBMITTING REQUESTS FOR DISCLOSURE OF UNEMPLOYMENT INSURANCE INFORMATION
26 IN INDIVIDUALLY IDENTIFIABLE FORM IN ACCORDANCE WITH PARAGRAPH D OF
27 SUBDIVISION ONE OF THIS SECTION, IN DE-IDENTIFIED UNIT LEVEL FORM, OR
28 AGGREGATED STATISTICAL FORM, (III) THE TIMEFRAME FOR INFORMATION REQUEST
29 DETERMINATIONS BY THE COMMISSIONER, SUCH THAT WITHIN TWENTY BUSINESS
30 DAYS OF RECEIVING A REQUEST, THE COMMISSIONER SHALL EITHER APPROVE OR
31 DENY THE REQUEST OR ASK FOR ADDITIONAL INFORMATION; WITHIN TWENTY BUSI-
32 NESS DAYS OF RECEIVING A REQUEST FOR ADDITIONAL INFORMATION, THE
33 REQUESTING AGENCY SHALL RESPOND TO THE COMMISSIONER, AND; WITHIN THIRTY
34 CALENDAR DAYS OF RECEIVING THE ADDITIONAL INFORMATION, THE COMMISSIONER
35 SHALL PROVIDE A FINAL APPROVAL OR DENIAL OF THE REQUEST, AND (IV)
36 CONTACT INFORMATION FOR ASSISTANCE WITH REQUESTS FOR DISCLOSURE OF
37 INFORMATION.
38 (B) ANY APPROVAL OR DENIAL PURSUANT TO CLAUSE TEN OF THIS SUBPARAGRAPH
39 SHALL BE IN WRITING. DENIALS SHALL IDENTIFY THE REASON OR CATEGORY OF
40 REASON FOR THE DENIAL.
41 (C) THE COMMISSIONER SHALL ISSUE GUIDELINES REGARDING THE DEVELOPMENT
42 OF AGREEMENTS WITH RESPECT TO DISCLOSURES APPROVED PURSUANT TO CLAUSE
43 TEN OF THIS SUBPARAGRAPH, AND SUCH GUIDELINES SHALL INCLUDE, BUT NOT BE
44 LIMITED TO, THE PROCESS AND TIMEFRAME FOR DEVELOPING SUCH AGREEMENTS AND
45 THE TERMS THEREIN CONSISTENT WITH 20 CFR PART 603 AND OTHER FEDERAL
46 REGULATIONS.
47 S 2. Subdivision 3 of section 537 of the labor law is amended by
48 adding a new paragraph i to read as follows:
49 I. PAYMENT TO THE DEPARTMENT FOR DISCLOSURE OF REQUESTED UNEMPLOYMENT
50 INSURANCE INFORMATION. (1) EXCEPT AS PERMITTED UNDER APPLICABLE FEDERAL
51 LAW OR REGULATION, OR AS OTHERWISE AUTHORIZED BY AGREEMENT BETWEEN THE
52 DEPARTMENT AND THE UNITED STATES DEPARTMENT OF LABOR, FEDERAL UNEMPLOY-
53 MENT INSURANCE GRANT FUNDS SHALL NOT BE USED TO PAY FOR ANY OF THE COSTS
54 INCURRED BY THE DEPARTMENT IN PROCESSING AND HANDLING A REQUEST FOR
55 DISCLOSURE OF UNEMPLOYMENT INFORMATION MADE UNDER THIS ARTICLE. SUCH
56 COSTS SHALL BE CALCULATED, COLLECTED, AND ADMINISTERED BY THE DEPARTMENT
S. 5773--A 3
1 CONSISTENT WITH APPLICABLE FEDERAL RULES AND GUIDELINES AND SHALL BE
2 PAID IN ADVANCE OF DISCLOSURE TO THE DEPARTMENT BY THE ENTITY REQUESTING
3 THE INFORMATION OR BY ANOTHER PARTY ACTING ON BEHALF OF SUCH ENTITY.
4 WHERE THE RECIPIENT IS A PUBLIC OFFICIAL, THE DEPARTMENT MAY ACCEPT
5 PAYMENT OF COSTS BY WAY OF REIMBURSEMENT.
6 (2) COSTS PAID UNDER THIS PARAGRAPH SHALL BE INCOME OF THE STATE UNEM-
7 PLOYMENT INSURANCE PROGRAM AND SHALL ONLY BE USED AS PERMITTED UNDER THE
8 PROVISIONS OF APPLICABLE FEDERAL REGULATIONS OR GUIDELINES GOVERNING THE
9 ASSESSMENT AND EXPENDITURE OF SUCH COSTS.
10 S 3. This act shall take effect on the sixtieth day after it shall
11 have become a law.
