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

                                  7911

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 7, 2013
                               ___________

Introduced  by M. of A. ROZIC -- read once and referred to the Committee
  on Labor

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:

  Section 1. 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 of
subparagraph (ii) as amended and clauses 6, 7, 8 and 9  of  subparagraph
(ii) as added by chapter 551 of the laws of 2008 and clause 5 as further
amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
  g. Federal, state and local agencies, THEIR  AGENTS  AND  CONTRACTORS.
(i)  Upon request to the commissioner, such information may be disclosed
to [certain] federal, state and local agencies,  AND  THEIR  AGENTS  AND
CONTRACTORS,  IN  ACCORDANCE  WITH  THIS PARAGRAPH. The commissioner may
require written agreements with requesting agencies, AND  BETWEEN  THEIR
AGENTS  AND  CONTRACTORS,  in  a form determined by the commissioner and
consistent with 20 CFR PART  603  and  other  federal  regulations.  The
information  that  may  be disclosed pursuant to this paragraph shall be
disclosed only after the requesting  agency  has  demonstrated,  to  the
commissioner's  satisfaction,  that the information shall be kept confi-
dential, except for those purposes for which  it  was  provided  to  the
requesting  agency,  and that the requesting agency, AND, WHERE APPLICA-
BLE, ITS AGENT OR  CONTRACTOR,  has  security  safeguards  in  place  to
prevent the unauthorized disclosure of such information.
  (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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11440-01-3

              

A. 7911                             2

  (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
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 department of financial  services,  for  purposes  of  determining
compliance  with  the  coverage  of workers' compensation and disability
insurance and to the workers' compensation board for purposes of  deter-
mining 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.
  (10)  ANY  OTHER FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY THAT HAS
MADE A REQUEST FOR SUCH INFORMATION IN ACCORDANCE WITH PROCEDURES ESTAB-
LISHED PURSUANT TO SUBPARAGRAPH (III)  OF  THIS  PARAGRAPH,  WHERE  SUCH

A. 7911                             3

INFORMATION  IS  TO  BE  USED FOR (A) EVALUATION OF PROGRAM PERFORMANCE,
INCLUDING, BUT NOT LIMITED TO, LONGITUDINAL OUTCOME ANALYSIS OF PROGRAMS
(INCLUDING PROGRAMS FUNDED BY PUBLIC OR PRIVATE MONEYS OR A  COMBINATION
THEREOF)  TO THE EXTENT PERMITTED BY FEDERAL LAW; (B) FINANCIAL OR OTHER
ANALYSIS REQUIRED BY FEDERAL, STATE, OR LOCAL  LAW  OR  REGULATION;  (C)
PREPARATION OF REPORTS REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR REGU-
LATION; (D) OPERATION OF PUBLIC PROGRAMS BY SUCH AGENCIES, THEIR AGENTS,
CONTRACTORS  AND  SUBCONTRACTORS,  WHENEVER  THE COMMISSIONER DETERMINES
THAT SUCH INFORMATION SHARING IS FOR THE PURPOSE OF IMPROVING THE QUALI-
TY OR DELIVERY OF PROGRAM SERVICES OR TO  CREATE  OPERATIONAL  EFFICIEN-
CIES;  OR  (E)  ESTABLISHMENT  OF COMMON CASE MANAGEMENT SYSTEMS BETWEEN
FEDERAL, STATE, OR LOCAL AGENCIES  DELIVERING  OR  SUPPORTING  WORKFORCE
SERVICES  FOR  A SHARED CUSTOMER BASE, WHEREVER SUCH COMMON CASE MANAGE-
MENT SYSTEM IS FOR THE  PURPOSE  OF  FOSTERING  WORKFORCE  PARTNERSHIPS,
PROGRAM  COORDINATION,  INTER-AGENCY  COLLABORATION,  IMPROVING  PROGRAM
SERVICES, OR CREATING OPERATIONAL EFFICIENCIES.  WHEN  THE  COMMISSIONER
APPROVES  A  REQUESTED  DISCLOSURE  OF INFORMATION FOR THE PURPOSES OF A
LONGITUDINAL STUDY, THE COMMISSIONER SHALL ALLOW SUCH INFORMATION TO  BE
USED  FOR FIFTY YEARS; PROVIDED THAT THE COMMISSIONER MAY ALLOW SUCH USE
FOR A SHORTER PERIOD OF TIME SUBJECT TO RENEWAL. WHEN  THE  COMMISSIONER
ALLOWS  USE  OF INFORMATION FOR SUCH A STUDY FOR SUCH A LESSER PERIOD OF
TIME, THE COMMISSIONER SHALL  PROVIDE  A  WRITTEN  EXPLANATION  FOR  THE
REASONS THEREFOR.
  (III)  THE COMMISSIONER SHALL PROMULGATE REGULATIONS PROVIDING FOR THE
DETERMINATION OF REQUESTS FOR UNEMPLOYMENT INSURANCE INFORMATION DISCLO-
SURE MADE PURSUANT TO THIS PARAGRAPH.  THE REGULATIONS SHALL PROVIDE FOR
A STANDARD APPLICATION  FORM  THAT  AGENCIES  SHALL  SUBMIT  TO  REQUEST
DISCLOSURE  OF  UNEMPLOYMENT INSURANCE INFORMATION IN INDIVIDUALLY IDEN-
TIFIABLE FORM, IN DE-IDENTIFIED UNIT LEVEL FORM, OR AGGREGATED IN  DE-I-
DENTIFIED FORM.  THE FORM SHALL REQUEST ALL INFORMATION THE COMMISSIONER
DEEMS  NECESSARY FOR DETERMINING WHETHER THE REQUESTING AGENCY MEETS THE
STANDARDS FOR SAFEGUARDING THE INFORMATION AND MAINTAINING ITS CONFIDEN-
TIALITY AS REQUIRED BY FEDERAL AND STATE LAWS AND RULES. THE FORM  SHALL
PROVIDE FOR THE REQUESTING AGENCY TO INDICATE THE PURPOSE OF THE DISCLO-
SURE  AND  THE  AMOUNT  OF TIME OVER WHICH THE AGENCY INTENDS TO USE THE
DISCLOSED INFORMATION. THE REGULATION SHALL REQUIRE  WRITTEN  AGREEMENTS
WITH REQUESTING AGENCIES WITH RESPECT TO DISCLOSURES GRANTED PURSUANT TO
CLAUSE  TEN  OF  SUBPARAGRAPH  (II)  OF THIS PARAGRAPH, AND BETWEEN SUCH
AGENCIES AND THEIR AGENTS OR CONTRACTORS, IN A FORM  DETERMINED  BY  THE
COMMISSIONER  AND CONSISTENT WITH 20 CFR PART 603 AND ANY OTHER APPLICA-
BLE FEDERAL OR STATE LAWS AND RULES. THE TERMS OF SUCH AGREEMENTS  SHALL
INCLUDE,  BUT  NOT BE LIMITED TO, PROVISIONS REQUIRING THAT UNEMPLOYMENT
INSURANCE INFORMATION SHALL BE DISCLOSED ONLY AFTER THE REQUESTING AGEN-
CY OR ENTITY HAS DEMONSTRATED THAT: (A) THE DISCLOSED  INFORMATION  WILL
BE  USED  ONLY  FOR  THOSE  PURPOSES  FOR  WHICH  IT WAS PROVIDED TO THE
REQUESTING AGENCY; (B) THE DISCLOSED INFORMATION WILL BE KEPT  CONFIDEN-
TIAL  EXCEPT FOR SUCH PURPOSES; (C) THE REQUESTING AGENCY HAS MONITORING
PROTOCOLS AND SECURITY SAFEGUARDS IN PLACE TO PREVENT  THE  UNAUTHORIZED
USE  AND DISCLOSURE OF SUCH INFORMATION; AND (D) THE AGENCY WILL MONITOR
COMPLIANCE WITH SUCH SAFEGUARDS.
  (IV) WHEN THE COMMISSIONER DENIES A REQUEST FOR DISCLOSURE MADE PURSU-
ANT TO THIS PARAGRAPH, IN WHOLE  OR  IN  PART,  THE  COMMISSIONER  SHALL
PROVIDE A WRITTEN EXPLANATION TO THE REQUESTING AGENCY FOR SUCH DENIAL.
  S  2.  This  act  shall  take  effect immediately. Notwithstanding the
requirements of subparagraphs (ii), (iii) and (iv)  of  paragraph  g  of
subdivision 3 of section 537 of the labor law, as amended by section one

A. 7911                             4

of  this  act,  the  commissioner  of labor shall be authorized to allow
disclosure of unemployment insurance information pursuant to clause (10)
of subparagraph (ii) of paragraph g of subdivision 3 of section  537  of
the  labor  law  prior  to  the  promulgation of regulations required by
subparagraph (iii) of paragraph g of subdivision 3 of section 537 of the
labor law, upon such conditions as the  commissioner  determines  to  be
consistent with the requirements of this act.

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

                                 7911--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 7, 2013
                               ___________

Introduced by M. of A. ROZIC, CAMARA, HEVESI, FAHY, MOYA, ORTIZ, MILLER,
  SKOUFIS,  BRINDISI,  GOLDFEDER,  ESPINAL, BRAUNSTEIN, MOSLEY, SIMOTAS,
  MILLMAN, JACOBS, ROBERTS, CRESPO, MONTESANO -- Multi-Sponsored  by  --
  M.  of A.  DenDEKKER, MAYER -- read once and referred to the Committee
  on Labor -- reported and referred to the Committee on Codes -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted 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:

  Section  1.  Subparagraph  (ii)  of  paragraph  g  of subdivision 3 of
section 537 of the labor law is amended by adding two new clauses 10 and
11 to read as follows:
  (10) ANY OTHER FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY, INCLUDING
THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW  YORK,  AND
ANY  OF  THEIR  CONSTITUENT  UNITS,  OR  THE  AGENTS OR CONTRACTORS OF A
GOVERNMENTAL AGENCY, WHERE SUCH INFORMATION IS TO BE USED FOR (A) EVALU-
ATION OF PROGRAM PERFORMANCE, INCLUDING, BUT NOT LIMITED TO,  LONGITUDI-
NAL OUTCOME ANALYSIS OF PROGRAMS (INCLUDING PROGRAMS FUNDED BY PUBLIC OR
PRIVATE  MONEYS  OR  A  COMBINATION  THEREOF) TO THE EXTENT PERMITTED BY
FEDERAL LAW; (B) FINANCIAL OR OTHER ANALYSIS REQUIRED BY FEDERAL, STATE,
OR LOCAL LAW OR REGULATION;  (C)  PREPARATION  OF  REPORTS  REQUIRED  BY
FEDERAL,  STATE,  OR  LOCAL  LAW  OR REGULATION; (D) OPERATION OF PUBLIC
PROGRAMS BY SUCH AGENCIES, THEIR AGENTS, CONTRACTORS AND SUBCONTRACTORS,
WHENEVER THE COMMISSIONER DETERMINES THAT SUCH  INFORMATION  SHARING  IS
FOR THE PURPOSE OF IMPROVING THE QUALITY OR DELIVERY OF PROGRAM SERVICES
OR  TO  CREATE  OPERATIONAL EFFICIENCIES; OR (E) ESTABLISHMENT OF COMMON
CASE MANAGEMENT SYSTEMS BETWEEN FEDERAL, STATE, OR LOCAL AGENCIES DELIV-
ERING OR SUPPORTING WORKFORCE SERVICES FOR A SHARED CUSTOMER BASE, WHER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11440-02-3
              

A. 7911--A                          2

EVER SUCH COMMON CASE MANAGEMENT SYSTEM IS FOR THE PURPOSE OF  FOSTERING
WORKFORCE   PARTNERSHIPS,  PROGRAM  COORDINATION,  INTER-AGENCY  COLLAB-
ORATION, IMPROVING PROGRAM SERVICES, OR CREATING  OPERATIONAL  EFFICIEN-
CIES.  ANY  REDISCLOSURE OF INFORMATION OBTAINED BY SUCH AGENCIES, THEIR
AGENTS, OR THEIR CONTRACTORS UNDER THIS CLAUSE SHALL BE LIMITED TO TABU-
LATION AND PUBLICATION OF SUCH INFORMATION IN AN AGGREGATED  STATISTICAL
FORM,  EXCEPT  WHEN AN AGENCY, ITS AGENT, ITS CONTRACTOR OR OTHER AGENCY
MUST EXCHANGE SUCH INFORMATION FOR AN AUTHORIZED PURPOSE AS PROVIDED FOR
IN THE WRITTEN AGREEMENT REQUIRED BY 20  CFR  PART  603.  NO  INDIVIDUAL
IDENTIFYING INFORMATION OBTAINED PURSUANT TO THIS CLAUSE SHALL BE REDIS-
CLOSED  IN  THE COURSE OF THE TABULATION OR PUBLICATION. AS USED IN THIS
CLAUSE, THE TERM "AGGREGATED STATISTICAL FORM" SHALL MEAN, IN  THE  CASE
OF  INFORMATION REGARDING INDIVIDUALS, A DATA SET THAT INCLUDES INFORMA-
TION ABOUT NO 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. WHEN THE COMMISSIONER APPROVES A
REQUESTED DISCLOSURE OF INFORMATION FOR THE PURPOSES OF  A  LONGITUDINAL
STUDY,  THE  COMMISSIONER  SHALL ALLOW SUCH INFORMATION TO BE USED FOR A
SPECIFIED PERIOD OF TIME  AS  PROVIDED  FOR  IN  THE  WRITTEN  AGREEMENT
REQUIRED  BY 20 CFR PART 603. SUCH AGREEMENT MAY ONLY PROVIDE FOR INFOR-
MATION TO BE USED FOR A PERIOD OF UP TO TEN YEARS BUT MAY BE RENEWED FOR
ADDITIONAL PERIODS OF TIME.
  (11) (A) PURSUANT TO CLAUSE TEN OF THIS SUBPARAGRAPH, THE COMMISSIONER
SHALL ELECTRONICALLY POST IN A PLACE ACCESSIBLE BY  THE  GENERAL  PUBLIC
(I)  THE  MINIMUM  CONDITIONS  FOR  GRANTING A REQUEST FROM GOVERNMENTAL
AGENCIES FOR DISCLOSURE OF INFORMATION, (II) A STANDARD APPLICATION  FOR
SUBMITTING REQUESTS FOR DISCLOSURE OF UNEMPLOYMENT INSURANCE INFORMATION
IN  INDIVIDUALLY IDENTIFIABLE FORM, IN DE-IDENTIFIED UNIT LEVEL FORM, OR
AGGREGATED STATISTICAL FORM, (III) THE TIMEFRAME FOR INFORMATION REQUEST
DETERMINATIONS BY THE COMMISSIONER, SUCH  THAT  WITHIN  TWENTY  BUSINESS
DAYS  OF  RECEIVING  A REQUEST, THE COMMISSIONER SHALL EITHER APPROVE OR
DENY THE REQUEST OR ASK FOR ADDITIONAL INFORMATION; WITHIN TWENTY  BUSI-
NESS  DAYS  OF  RECEIVING  A  REQUEST  FOR  ADDITIONAL  INFORMATION, THE
REQUESTING AGENCY SHALL RESPOND TO THE COMMISSIONER, AND; WITHIN  THIRTY
CALENDAR  DAYS OF RECEIVING THE ADDITIONAL INFORMATION, THE COMMISSIONER
SHALL PROVIDE A FINAL APPROVAL  OR  DENIAL  OF  THE  REQUEST,  AND  (IV)
CONTACT  INFORMATION  FOR  ASSISTANCE  WITH  REQUESTS  FOR DISCLOSURE OF
INFORMATION.
  (B) ANY APPROVAL OR DENIAL PURSUANT TO CLAUSE TEN OF THIS SUBPARAGRAPH
SHALL BE IN WRITING. DENIALS SHALL IDENTIFY THE REASON  OR  CATEGORY  OF
REASON FOR THE DENIAL.
  (C)  THE COMMISSIONER SHALL ISSUE GUIDELINES REGARDING THE DEVELOPMENT
OF AGREEMENTS WITH RESPECT TO DISCLOSURES APPROVED  PURSUANT  TO  CLAUSE
TEN  OF THIS SUBPARAGRAPH, AND SUCH GUIDELINES SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE PROCESS AND TIMEFRAME FOR DEVELOPING SUCH AGREEMENTS AND
THE TERMS THEREIN CONSISTENT WITH 20 CFR  PART  603  AND  OTHER  FEDERAL
REGULATIONS.
  S  2.  Subdivision  3  of  section  537 of the labor law is amended by
adding a new paragraph i to read as follows:
  I. PAYMENT TO THE DEPARTMENT FOR DISCLOSURE OF REQUESTED  UNEMPLOYMENT
INSURANCE  INFORMATION. (1) EXCEPT AS PERMITTED UNDER APPLICABLE FEDERAL
LAW OR REGULATION, OR AS OTHERWISE AUTHORIZED BY AGREEMENT  BETWEEN  THE
DEPARTMENT  AND THE UNITED STATES DEPARTMENT OF LABOR, FEDERAL UNEMPLOY-
MENT INSURANCE GRANT FUNDS SHALL NOT BE USED TO PAY FOR ANY OF THE COSTS
INCURRED BY THE DEPARTMENT IN PROCESSING  AND  HANDLING  A  REQUEST  FOR

A. 7911--A                          3

DISCLOSURE  OF  UNEMPLOYMENT  INFORMATION  MADE UNDER THIS ARTICLE. SUCH
COSTS SHALL BE CALCULATED, COLLECTED, AND ADMINISTERED BY THE DEPARTMENT
CONSISTENT WITH APPLICABLE FEDERAL RULES AND  GUIDELINES  AND  SHALL  BE
PAID IN ADVANCE OF DISCLOSURE TO THE DEPARTMENT BY THE ENTITY REQUESTING
THE  INFORMATION  OR  BY  ANOTHER PARTY ACTING ON BEHALF OF SUCH ENTITY.
WHERE THE RECIPIENT IS A PUBLIC  OFFICIAL,  THE  DEPARTMENT  MAY  ACCEPT
PAYMENT OF COSTS BY WAY OF REIMBURSEMENT.
  (2) COSTS PAID UNDER THIS PARAGRAPH SHALL BE INCOME OF THE STATE UNEM-
PLOYMENT INSURANCE PROGRAM AND SHALL ONLY BE USED AS PERMITTED UNDER THE
PROVISIONS OF APPLICABLE FEDERAL REGULATIONS OR GUIDELINES GOVERNING THE
ASSESSMENT AND EXPENDITURE OF SUCH COSTS.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.