senate Bill S2474

2011-2012 Legislative Session

Relates to the sharing of information of certain employment data with state and municipal agencies and certain local development corporations

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to labor
Jan 21, 2011 referred to labor

S2474 - Bill Details

See Assembly Version of this Bill:
A2985
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §537, Lab L
Versions Introduced in 2009-2010 Legislative Session:
S5026, A11193, A3767

S2474 - Bill Texts

view summary

Relates to the sharing of information of certain employment data with state and municipal agencies and certain local development corporations.

view sponsor memo
BILL NUMBER:S2474

TITLE OF BILL:

An act
to amend the labor law, in relation to the sharing of information with
state and municipal agencies and certain local development corporations

PURPOSE:

Allows the Department of Labor to share information with other
localities so that record keeping and statistical data may be more
accurate.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subparagraph (ii) of paragraph g of
subdivision 3 of section 537 of the Labor Law by adding a new clause
(6) to allow for the disclosure of information collected by the State
Department of Labor to agencies in cities having a population of one
million or more and to the New York City Economic Development
Corporation.

Section 2 provides that the bill take effect immediately.

JUSTIFICATION:

This bill would clarify the authority of the State Department of Labor
to disclose to state and municipal agencies, including agencies of
the City of New York, certain employment data gathered by the State
Department of Labor and the State Department of Taxation and Finance
from employers in New York State. This employment data was shared
with the City of New York from 1989 to 2003 and was crucial to City
agencies' ability to perform analyses, such as the evaluation of
economic development strategies, important to the ongoing vitality of
the City. In 2004, the State Department of Labor determined that it
was not statutorily authorized to share this employment data. Lack of
access to this data has increasingly impeded several City agencies'
ability to generate the accurate and detailed analyses necessary to
the development of sound economic, fiscal, environmental and land use
policies.

The employment data, the analyses of that data and the policies and
programs that grew out of those analyses contributed directly to
strength of the City's economy and the welfare of its citizens.. As
noted, New York City agencies were recipients of this employment data
for many
years. The proposed bill, by clarifying the State Department of
Labor's statutory authority to share the employment data, will merely
restore the pre-2004 status quo. In addition, the confidentiality of
the data will be secure. Under N.Y. Labor Law § 537(g)(i), the
Commissioner has the authority to require that requesting agencies

sign agreements requiring that the data be kept confidential.
Furthermore, requesting agencies will be required to demonstrate to
the Commissioner's satisfaction that the agencies have adequate
security safeguards in place to avoid any unauthorized disclosure.

Without this crucial data, the activities and effectiveness of several
City agencies would be significantly hampered. For example, this data
enables the Department of City Planning to analyze the socioeconomic
impacts of actions requiring environmental review pursuant to the
State Environmental Quality Review Act ("SEQRA") and the City
Environmental Quality Review (the "CEQR"); it enables the Department
of Small Business Services to target businesses for which direct
assistance is appropriate, to promote financial and economic
opportunities for minority and women-owned businesses, and to provide
New Yorkers with workforce development opportunities, including
employment training; it enables the City's Office of Management and
Budget to analyze proposed legislation for its cost and revenue
implications and to forecast the tax revenues that the City's economy
will generate; and it enables the Economic Development Corporation to
evaluate an industry's strength in a particular neighborhood, to
determine the nature of existing businesses that could be displaced
as part of a development project, and to identity specific locations
that serve as focal points for particular industries. Lack of access
to this data would have far reaching effects
in terms of the City's overall economic health and on the
welfare of its individual citizens. The proposed bill would enable
them to perform the sophisticated analyses that are essential to
their mission.

LEGISLATIVE HISTORY:
A.8346/S.6097 of 2007-2008 - Referred to Labor in Assembly and Rules in
the Senate
A.11193/S.5026 of 2010 Referred to Labor

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2474                                                  A. 2985

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2011
                               ___________

IN  SENATE -- Introduced by Sen. SAVINO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Labor

IN ASSEMBLY -- 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.
                                                           LBD05054-01-1

S. 2474                             2                            A. 2985

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.