NY State Senate Bill 2013-S5773A

Senate Bill S5773A

Signed By Governor

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status Via A7911 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2013	signed chap.456
Oct 11, 2013	delivered to governor
Jun 21, 2013	returned to assembly passed senate 3rd reading cal.1658 substituted for s5773a
Jun 21, 2013	substituted by a7911b ordered to third reading cal.1658 committee discharged and committed to rules
Jun 17, 2013	print number 5773a
Jun 17, 2013	amend and recommit to labor
Jun 13, 2013	referred to labor

Votes

- Jun 21, 2013 - Floor Vote
  A7911
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2013
      
      aye (63)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
  Jun 21, 2013 - Rules Committee Vote
  S5773A
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2013
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Gianaris
      
      Hannon
      
      excused (1)
      
      Larkin

Bill Amendments

Original

A (Active)

2013-S5773 - Details

See Assembly Version of this Bill:: A7911
Law Section:: Labor Law
Laws Affected:: Amd §537, Lab L

2013-S5773 - Summary

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

2013-S5773 - Sponsor Memo

                                BILL NUMBER:S5773

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 I 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.

2013-S5773 - Bill Text download pdf

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

                                  5773

                       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

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-
CIES. ANY REDISCLOSURE OF INFORMATION OBTAINED BY SUCH  AGENCIES,  THEIR
AGENTS, OR THEIR CONTRACTORS UNDER THIS CLAUSE SHALL BE LIMITED TO TABU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11440-03-3

S. 5773                             2

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
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.

S. 5773                             3

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.

2013-S5773A (ACTIVE) - Details

See Assembly Version of this Bill:: A7911
Law Section:: Labor Law
Laws Affected:: Amd §537, Lab L

2013-S5773A (ACTIVE) - Summary

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

2013-S5773A (ACTIVE) - 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.

2013-S5773A (ACTIVE) - Bill Text download pdf

                            
                    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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.