NY State Senate Bill 2009-S5026

Senate Bill S5026

2009-2010 Legislative Session

Relates to the sharing of information of certain employment data with state and municipal agencies and certain local development corporations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to labor
Apr 27, 2009	referred to labor

2009-S5026 (ACTIVE) - Details

See Assembly Version of this Bill:: A11193
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §537, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2474, A2985
2013-2014: A804
2015-2016: A2951
2017-2018: A5486
2019-2020: A4009

2009-S5026 (ACTIVE) - Summary

Relates to the sharing of information of certain employment data with state and municipal agencies and certain local development corporations.

2009-S5026 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5026

 TITLE OF BILL :

An act to amend the labor law, in relation to the sharing of
information with state and municipal agencies and certain local
development corporations

 PURPOSE :

Allows the Department of Labor to share information with other
localities so that record keeping and statistical data may be more
accurate.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends subparagraph (ii) of paragraph g of
subdivision 3 of section 537 of the Labor Law by adding a new clause
(6) to allow for the disclosure of information collected by the State
Department of Labor to agencies in cities having a population of one
million or more and to the New York City Economic Development
Corporation.

Section 2 provides that the bill take effect immediately.

 JUSTIFICATION :

This bill would clarify the authority of the State Department of Labor
to disclose to state and municipal agencies, including agencies of the
City of New York, certain employment data gathered by the State
Department of Labor and the State Department of Taxation and Finance
from employers in New York State. This employment data was shared with
the City of New York from 1989 to 2003 and was crucial to City
agencies' ability to perform analyses, such as the evaluation of
economic development strategies, important to the ongoing vitality of
the City. In 2004, the State Department of Labor determined that it
was not statutorily authorized to share this employment data. Lack of
access to this data has increasingly impeded several City agencies'
ability to generate the accurate and detailed analyses necessary to
the development of sound economic, fiscal, environmental and land use
policies.

The employment data, the analyses of that data and the policies and
programs that grew out of those analyses contributed directly to
strength of the City's economy and the welfare of its citizens.. As
noted, New York City agencies were recipients of this employment data
for many years. The proposed bill, by clarifying the State Department
of Labor's statutory authority to share the employment data, will
merely restore the pre-2004 status quo. In addition, the
confidentiality of the data will be secure. Under N.Y. Labor Law §
537(g)(i), the Commissioner has the authority to require that
requesting agencies sign agreements requiring that the data be kept
confidential.  Furthermore, requesting agencies will be required to
demonstrate to the Commissioner's satisfaction that the agencies have
adequate security safeguards in place to avoid any unauthorized
disclosure.

Without this crucial data, the activities and effectiveness of several
City agencies would be significantly hampered. For example, this data
enables the Department of City Planning to analyze the socioeconomic
impacts of actions requiring environmental review pursuant to the
State Environmental Quality Review Act ("SEQRA") and the City
Environmental Quality Review (the "CEQR"); it enables the Department
of Small Business Services to target businesses for which direct
assistance is appropriate, to promote financial and economic
opportunities for minority and women-owned businesses, and to provide
New Yorkers with workforce development opportunities, including
employment training; it enables the City's Office of Management and
Budget to analyze proposed legislation for its cost and revenue
implications and to forecast the tax revenues that the City's economy
will generate; and it enables the Economic Development Corporation to
evaluate an industry's strength in a particular neighborhood, to
determine the nature of existing businesses that could be displaced as
part of a development project, and to identity specific locations that
serve as focal points for particular industries. Lack of access to
this data would have far reaching effects in terms of the City's
overall economic health and on the welfare of its individual citizens.
The proposed bill would enable them to perform the sophisticated
analyses that are essential to their mission.

 LEGISLATIVE HISTORY :
A.8346/S.6097 of 2007-2008 - Referred to Labor in Assembly and Rules
in the Senate

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S5026 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5026

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed 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:

  Section  1.  Subparagraph  (ii)  of  paragraph (g) of subdivision 3 of
section 537 of the labor law, as added by chapter 6 of the laws of 2007,
clauses 1, 4 and 5 as amended and clauses 6, 7, 8  and  9  as  added  by
chapter 551 of the laws of 2008, is amended to read as follows:
  (ii)  The  information  disclosed  pursuant  to  this paragraph may be
disclosed to the following agencies  to  be  used  exclusively  for  the
following legitimate governmental purposes:
  (1)  any  federal, state or local agency in the investigation of fraud
relating to public programs, or misuse of public funds;
  (2) any state or United States  territorial  workforce  agency,  local
workforce  investment board and its agents, and one-stop operating part-
ner receiving funds under the  workforce  investment  act  of  1998  for
program  performance purposes and other legitimate programmatic purposes
authorized by the commissioner;
  (3) the United States department of labor or its agents,  as  required
by  law,  or  in connection with the requirements imposed as a result of
receiving federal administrative funding;
  (4) state and local economic development agencies,  or  their  agents,
where such information is necessary to carry out the statutory functions
of  such  agencies,  shall  receive a quarterly census of employment and
wage information compiled by the department, provided that such  disclo-
sure  shall  not  violate  federal  law. Any redisclosure of information
obtained by such agencies under this clause shall be  limited  to  tabu-
lation  and publication of such information in an aggregated statistical

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06965-01-9

S. 5026                             2

form. No individual identifying information obtained  pursuant  to  this
clause  shall be redisclosed in the course of the tabulation or publica-
tion. As used in this clause, the  term  "aggregated  statistical  form"
shall mean, in the case of information regarding individuals, a data set
that  includes information about not fewer than ten individuals, and, in
the case of employer information, a data set that  includes  information
about  no fewer than three employers, of which no one employer comprises
more than eighty percent of the aggregated data set; [and]
  (5) the workers' compensation board, the state insurance fund and  the
state  insurance department, for purposes of determining compliance with
the coverage of workers' compensation and disability  insurance  and  to
the  workers' compensation board for purposes of determining eligibility
for workers' compensation benefits[.];
  (6) any federal, state, or local law enforcement agency in  accordance
with  a  proper  judicial  order  or grand jury subpoena served upon the
department[.];
  (7) the office of temporary and disability assistance, or local social
services districts, for purposes of establishing or verifying the income
and eligibility of applicants for,  or  recipients  of,  benefits  under
state public assistance programs for such benefits. Information obtained
by  the  office of temporary and disability assistance under this clause
shall not be disclosed, except to local social  services  districts  for
purposes  of  establishing  or  verifying  the income and eligibility of
applicants for, or recipients of, benefits under state public assistance
programs[.];
  (8) the office of vocational and educational services for  individuals
with  disabilities of the education department for the evaluation of the
effect on earnings of participants, or former participants,  in  employ-
ment and training programs for which the office of vocational and educa-
tional  services  for  individuals  with  disabilities  of the education
department has reporting, monitoring or evaluating responsibilities[.];
  (9) the commission for the blind  and  visually  handicapped  for  the
evaluation  of the effect on earnings of participants, or former partic-
ipants, in employment and training programs for which the commission for
the blind and visually handicapped has reporting, monitoring or evaluat-
ing responsibilities[.]; AND
  (10) AGENCIES OF CITIES HAVING A POPULATION OF ONE MILLION OR MORE AND
THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, WHERE SUCH  INFORMA-
TION IS NECESSARY FOR: THE DEVELOPMENT AND EVALUATION OF ECONOMIC DEVEL-
OPMENT   STRATEGIES  FOR  SPECIFIC  INDUSTRIES  AND  NEIGHBORHOODS;  THE
PERFORMANCE OF LAND USE PLANNING, THE  DEVELOPMENT  OF  ECONOMIC  IMPACT
STRATEGIES  FOR  SPECIFIC INDUSTRIES AND NEIGHBORHOODS, AND THE ANALYSIS
OF ENVIRONMENTAL IMPACTS OF ACTIONS  REQUIRING  REVIEW  UNDER  STATE  OR
LOCAL  LAW; THE EVALUATION OF TRENDS IN HIRING, EMPLOYMENT, AND WAGES IN
SPECIFIC INDUSTRIES AND NEIGHBORHOODS AND  THE  MONITORING  OF  EMPLOYEE
PLACEMENT  AND  TRAINING  PROGRAMS; OR THE FORECASTING AND MONITORING OF
TAX REVENUE AND THE TRACKING OF EMPLOYMENT  PATTERNS  AND  WORKER  FLOWS
ACROSS  SPECIFIC  INDUSTRIES  AND  NEIGHBORHOODS.  INFORMATION DISCLOSED
PURSUANT TO THIS CLAUSE SHALL BE  LIMITED  TO  THE  FOLLOWING  FOR  EACH
EMPLOYER:  NAME,  ADDRESS,  LOCATION,  INDUSTRY,  TOTAL WAGES, NUMBER OF
EMPLOYEES, EMPLOYER AND REPORTING  UNIT  ACCOUNT  NUMBERS,  INITIAL  TAX
LIABILITY DATE, AND CODES INDICATING PRIVATE OR GOVERNMENT OWNERSHIP AND
MULTIPLE ESTABLISHMENT EMPLOYERS.
  S 2. This act shall take effect immediately.

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