senate Bill S5773A

Relates to the sharing of unemployment insurance information with public entities for certain purposes

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Bill Status


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

  • 13 / Jun / 2013
    • REFERRED TO LABOR
  • 17 / Jun / 2013
    • AMEND AND RECOMMIT TO LABOR
  • 17 / Jun / 2013
    • PRINT NUMBER 5773A
  • 21 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1658
  • 21 / Jun / 2013
    • SUBSTITUTED BY A7911B

Summary

Permits the disclosure of unemployment insurance information with public entities for certain purposes.

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Bill Details

See Assembly Version of this Bill:
A7911B
Versions:
S5773
S5773A
Legislative Cycle:
2013-2014
Law Section:
Labor Law
Laws Affected:
Amd §537, Lab L

Sponsor Memo

BILL NUMBER:S5773A

TITLE OF BILL: An act to amend the labor law, in relation to the
sharing of unemployment insurance information with public entities for
certain authorized purposes

PURPOSE:

This Legislation will allow specific government agencies to request
certain data from the Department of Labor for the purpose of
evaluating workforce development programs.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend § 537(3)(g) of the Labor Law to
allow for the disclosure of unemployment insurance information to
federal, state and local agencies, and their agents and contractors
for the purpose of evaluation of program performance; improvement to
the quality or delivery of program services; and, to meet additional
administrative requirements. When the commissioner approves a
requested disclosure of information for the purpose of a longitudal
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
information to be used for a period of up to ten years but may be
renewed for additional periods of time. Additionally, it would require
the Commissioner to post electronically in a place accessable by the
general public information for (i) the minimum conditions for granting
a request, (ii) a standard application for unemployment insurance
information, (iii) the timeframe for information requests and (iv)
contact information for assistance with requests; require the
Commissioner to enter into written agreements between the New York
State Department Of Labor and public agencies in compliance with
federal and state data confidentiality requirements and; require the
Commissioner to provide a written explanation to any public agency
that makes an information request but is denied in whole or in part.

Section II of the bill states that except for otherwise allowed in
federal law or regulation or as otherwise authorized by agreement
between the department and the United States Department of Labor,
federal unemployment insurance grant funds shall not be used to pay
for any of the costs incurred by the department in processing and
handling a request. Costs paid shall be income of the state
unemployment insurance program and shall only be used as permitted
under the provision of applicable federal regulations.

Section III of the bill sets forth the effective date to be sixty days
from the date of enactment.

JUSTIFICATION:

Public agencies need consistent access to wage records to fully
understand the impact of workforce development programs across the
broadest range of funding streams. Analyzing data is a common sense
approach to program evaluation since there is often a correlation
between workforce programs and an increase in the likelihood of
greater earnings, employer-based benefits, and job productivity.


Increased utilization of data also responds to recent developments in
federal budget policy that push grant-making agencies like the U.S.
Department of Labor to infuse evidence into their grant-making to
state and local governments, including a mandate to demonstrate
increased reliance on evidence in formula based and competitive grant
programs.

Moreover, using evidence to improve these programs, which benefit the
neediest members of our local communities, benefits the tax-base by
increasing revenues derived from higher employment levels. Finally,
public agencies need access to the information to satisfy certain
administrative and legislative mandates, including workforce program
accountability requirements enacted in the state budget agreed upon
between the Governor and Legislature. To illustrate the impact of wage
record access, consider Scholars @ Work; a collaboration between the
NYC Department of Education (DOE) and the New York City Department of
Small Business Services to provide internships to high school students
in the transportation industry. The program was started in 2010 to
provide graduating seniors with work experience and connections to
employers in their field of study in order to increase graduates'
employment opportunities and employment competitiveness. 125 students
participated in a 144-week paid internship program at a wage of $7.25
an hour in the first three years of the program. Prior to these
internships, the participants were full-time Career and Technical
Education high school students in their senior year. After completing
their internships, 43% of Scholars Work students have accepted
full-time employment, being hired by the companies with which they
interned or other businesses and positioning them for long-term
employability and financial self-sufficiency. Even more students were
offered jobs by their host companies bus chose to go to college
instead. Without access to wage records, DOE cart only track Scholars
@Work students through high school graduation, missing an opportunity
to determine if there is long-term impact through the Scholars @ Work
program.

Improved access to wage records would help to measure the
effectiveness and long-term impact of the students' participation;
demonstrate the return on investment of the program, by revealing
improved earnings and employability of the participating students and
demonstrate the value of the program and; understand a broader range
of post-secondary pathways followed by Scholars @ Work students and
help program administrators improve and develop new industry
partnerships.

In order to effectively measure these outcomes, DOE would track
program graduate wages and their placements in different industry
sectors over a 3-5 year period following program participation,
ideally against a comparison group of non-program students. Both types
of information are contained in the wage records DOE wants to access
and can be provided to DOE in unidentifiable unit level form.

With this information in hand, policymakers and program providers will
have the best opportunity to make informed decisions about designing,
improving, securing funding for, and benefiting from critically-needed
public workforce programs.

LEGISLATIVE HISTORY:


This is a new bill in the Senate.

FISCAL IMPACT TO THE STATE:

None

EFFECTIVE DATE:

This act shall take effect sixty days from the date of enactment.

view bill text
                    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:

  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-
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11440-05-3

S. 5773--A                          2

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 PARAGRAPH D OF SUBDIVISION
ONE OF THIS SECTION SHALL BE REDISCLOSED 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 INFORMATION 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 EMPLOY-
ER  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 INFORMATION 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  ACCORDANCE WITH PARAGRAPH D OF
SUBDIVISION ONE OF THIS SECTION, 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
DISCLOSURE OF UNEMPLOYMENT INFORMATION MADE  UNDER  THIS  ARTICLE.  SUCH
COSTS SHALL BE CALCULATED, COLLECTED, AND ADMINISTERED BY THE DEPARTMENT

S. 5773--A                          3

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.

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