BILL NUMBER:S2841

TITLE OF BILL:
An act
to amend the labor law, in relation to the confidentiality of
unemployment insurance information

PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend Labor Law §537 to authorize the Department to
disclose unemployment insurance and/or wage reporting information to
the State Education Department as necessary to develop and implement
a mutually beneficial state workforce longitudinal tracking system
for individuals obtaining K-12 and post secondary education, as well
as workforce services.
The bill would give the Commissioner of Labor discretionary authority
to enter into a data sharing agreement with SED that would assist the
Department to fulfill its role in connection with the state's Race to
the Top grant, as well as its own federal program performance
requirements.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would amend Labor Law (3) (g) to authorize the Department to
disclose unemployment insurance and/or wage reporting information to
the state Education Department in order to develop and implement a
state workforce longitudinal administrative data system.

              

Section 2 would provide for an immediate effective date.

EXISTING LAW:
Labor Law §537(1) defines confidential unemployment insurance
information as information obtained from employers and claimants
under Labor Law Article 18.
Labor Law §537(3) authorizes the Department to make unemployment
insurance and wage information available to Specified state agencies
for purposes enumerated therein, subject to the discretion of the
Commissioner. The Commissioner is authorized to require entities
receiving such information to enter into data sharing agreements that
would establish parameters to protect the confidentiality of the data
being shared by the Department.

JUSTIFICATION:
Labor Law §537(3) authorizes the Department to make unemployment
insurance and wage information available to State agencies for
specified purposes. The bill would amend subdivision (3) of §537 to
authorize the Department to make unemployment insurance and wage
reporting information available to the State Education Department as
needed in order to develop and implement a state workforce
longitudinal administrative data system. This will not only
facilitate the Department's role in implementing a Race to the Top
grant for which the state has an outstanding application, but it
would also allow the Department to compete for federal USDOL grant
monies that support the
development of longitudinal data systems that support the operation
and performance reporting for state workforce programs. Any such
disclosure of information would be subject to a confidentiality
requirement consistent with the united States Department of Labor


regulation on the confidentiality of unemployment insurance
information (20 CFR Part 603). Reciprocal exchanges of data would be
subject to confidentiality requirements of the Family Educational
Rights and Privacy Act (FERPA). The united States Department of
Labor, Employment and Training Administration (ETA) is encouraging
State Workforce Agencies to develop and use state workforce
longitudinal administrative data systems that will link data
longitudinally at the individual level. Such systems will lead to
enhanced evaluation of workforce and educational training programs.

PRIOR LEGISLATIVE HISTORY:
2010- Died in Rules Committee.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.