Assembly Bill A3767

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

                                  3767

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred 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
              

A. 3767                             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.