senate Bill S2841

Relates to the confidentiality of unemployment insurance information

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / Feb / 2011
    • REFERRED TO LABOR
  • 04 / Jan / 2012
    • REFERRED TO LABOR

Summary

Relates to the confidentiality of unemployment insurance information.

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Bill Details

Versions:
S2841
Legislative Cycle:
2011-2012
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §537, Lab L
Versions Introduced in 2009-2010 Legislative Cycle:
S8188

Sponsor Memo

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.

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

                                  2841

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

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  confidentiality  of
  unemployment insurance information

  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 is amended by adding a new clause 10 to
read as follows:
  (10) THE STATE EDUCATION DEPARTMENT, SUCH INFORMATION AS  THE  COMMIS-
SIONER DETERMINES IS NECESSARY TO IMPLEMENT A MUTUALLY BENEFICIAL LONGI-
TUDINAL  DATA  SYSTEM  FOR INDIVIDUALS OBTAINING K-12 AND POST-SECONDARY
EDUCATION AND WORKFORCE SERVICES IN NEW  YORK  STATE,  INCLUDING,  AT  A
MINIMUM,  INFORMATION  ON  PROGRAMS THAT PROVIDE TRAINING AND EMPLOYMENT
SERVICES UNDER THE WORKFORCE INVESTMENT ACT OF 1998.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06807-01-1

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