NY State Assembly Bill A2164C

Archive: Last Bill Status - Passed Assembly

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

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Actions

view actions (19)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2018	referred to rules delivered to senate passed assembly
Jun 04, 2018	amended on third reading (t) 2164c
Jan 03, 2018	ordered to third reading cal.163 returned to assembly died in senate
Jun 21, 2017	referred to rules delivered to senate passed assembly
Jun 07, 2017	amended on third reading 2164b
Jun 07, 2017	ordered to third reading rules cal.86 rules report cal.86 reported
Jun 05, 2017	reported referred to rules
May 23, 2017	reported referred to ways and means
Mar 02, 2017	print number 2164a
Mar 02, 2017	amend (t) and recommit to labor
Jan 17, 2017	referred to labor

Bill Amendments

Original

C (Active)

Original

C (Active)

A2164 - Details

See Senate Version of this Bill:: S5363
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §44, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9933
2019-2020: A1056
2021-2022: A2542
2023-2024: A359

A2164 - Summary

Relates to the establishment of a wage data clearinghouse.

A2164 - Bill Text download pdf


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

                                  2164

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2017
                               ___________

Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
  tee on Labor

AN ACT to amend the labor law, in relation to  the  establishment  of  a
  wage data clearinghouse

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new section 44 to read
as follows:
  § 44. WAGE DATA CLEARINGHOUSE. 1.  THE COMMISSIONER, SUBJECT TO AVAIL-
ABLE APPROPRIATIONS AND IN CONSULTATION WITH THE COMMISSIONER OF  EDUCA-
TION  AND  THE  STATE WORKFORCE INVESTMENT BOARD, SHALL ESTABLISH A WAGE
DATA CLEARINGHOUSE. THE PURPOSE OF THE WAGE DATA CLEARINGHOUSE IS TO USE
AVAILABLE WAGE RECORD DATA, QUARTERLY CENSUS  OF  EMPLOYMENT  AND  WAGES
DATA, AND UNEMPLOYMENT INSURANCE DATA AND OTHER AVAILABLE DATA TO ASSIST
THE DEPARTMENT OF LABOR, POLICY MAKERS, WORKFORCE PREPARATION PROVIDERS,
INSTITUTIONS  OF  HIGHER  EDUCATION  AND  RESEARCH INSTITUTIONS WITH THE
COLLECTION, ORGANIZATION, MANAGEMENT, AGGREGATION OR DISAGGREGATION  AND
ANALYSIS  OF  SUCH DATA, AND THE ANALYSIS OF THE OUTCOMES AND EFFECTIVE-
NESS OF WORKFORCE PREPARATION PROGRAMS, AND  TO  CONDUCT  OTHER  RELATED
RESEARCH.
  2.  THE  WAGE  DATA CLEARINGHOUSE SHALL BE ADMINISTERED BY AN ACADEMIC
INSTITUTION IN THE STATE OF NEW YORK WITH PROVEN EXPERIENCE IN ANALYZING
LABOR DATA AND SHALL BE SELECTED BY THE  COMMISSIONER,  IN  CONSULTATION
WITH  THE  COMMISSIONER  OF EDUCATION AND THE STATE WORKFORCE INVESTMENT
BOARD, THROUGH A REQUEST FOR PROPOSAL PROCESS. CRITERIA  SHALL  INCLUDE,
BUT  NOT  BE LIMITED TO, THE DEMONSTRATED ABILITY OF THE CHOSEN INSTITU-
TION TO ANALYZE WAGE REPORTING DATA AND TO LEVERAGE AND ATTRACT  FEDERAL
FUNDS, AND OTHER NON-GOVERNMENTAL FUNDS.
  3.  THE  DEPARTMENT SHALL PROVIDE THE WAGE DATA CLEARINGHOUSE WITH ALL
STATE AND FEDERAL WAGE AND EMPLOYMENT RELATED  DATA  IT  HAS  AVAILABLE,
INCLUDING  BUT  NOT  LIMITED  TO  WAGE  RECORD DATA, QUARTERLY CENSUS OF

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

                                                           LBD07591-01-7

A. 2164                             2

EMPLOYMENT AND WAGES DATA AND UNEMPLOYMENT INSURANCE DATA.  ALL  DISCLO-
SURE REQUIREMENTS SPECIFIED IN SECTION FIVE HUNDRED THIRTY-SEVEN OF THIS
CHAPTER  SHALL  APPLY  TO  ALL WAGE DATA CLEARINGHOUSE EMPLOYEES WORKING
WITH THE DATA.
  4.  A WAGE DATA CLEARINGHOUSE ADVISORY BOARD IS HEREBY ESTABLISHED FOR
THE  PURPOSE  OF DETERMINING THE WAGE DATA CLEARINGHOUSE'S PRIORITIES IN
DATA ANALYSIS. THE ADVISORY BOARD SHALL CONSIST OF NINE  MEMBERS,  THREE
OF  WHOM  SHALL BE APPOINTED BY THE COMMISSIONER, THREE OF WHOM SHALL BE
APPOINTED BY THE COMMISSIONER OF  EDUCATION,  THREE  OF  WHOM  SHALL  BE
APPOINTED  BY  THE STATE WORKFORCE INVESTMENT BOARD.  THE ADVISORY BOARD
SHALL INCLUDE REPRESENTATIVES OF HIGHER EDUCATION, WORKFORCE PREPARATION
PROGRAMS, LARGE AND SMALL BUSINESSES,  LABOR  ORGANIZATIONS,  AND  OTHER
APPOINTEES  WITH EXPERTISE IN WORKFORCE DEVELOPMENT THE DEPARTMENT DEEMS
APPROPRIATE.  CONSIDERATION SHALL BE GIVEN TO GEOGRAPHIC  REPRESENTATION
OF APPOINTEES.
  5.   THE WAGE DATA CLEARINGHOUSE SHALL USE WAGE RECORD DATA, QUARTERLY
CENSUS OF EMPLOYMENT AND WAGES DATA,  AND  UNEMPLOYMENT  INSURANCE  DATA
PROVIDED BY THE DEPARTMENT AND ANY OTHER DATA SETS PROVIDED BY ANY OTHER
STATE,  FEDERAL  OR  LOCAL  AGENCIES  IT  DEEMS  APPROPRIATE, TO PROVIDE
ANALYSES OF THE EFFECTIVENESS OF WORKFORCE PREPARATION PROGRAMS THROUGH-
OUT THE STATE, AND ANY OTHER RESEARCH THE ADVISORY BOARD  IDENTIFIES  AS
HELPING  TO IMPROVE WORKFORCE DEVELOPMENT PROGRAMS IN THE STATE, HELPING
TO CLOSE A MIDDLE SKILLS GAP AND CONTRIBUTING TO THE ATTAINMENT OF LONG-
TERM EMPLOYMENT OF RESIDENTS, ESPECIALLY THOSE  WHO  ARE  UNEMPLOYED  OR
UNDER-EMPLOYED.
  6. THE ADVISORY BOARD OF THE WAGE DATA CLEARINGHOUSE WILL CONSULT WITH
THE  DEPARTMENT,  THE  COMMISSIONER OF EDUCATION AND THE STATE WORKFORCE
INVESTMENT BOARD, TO DETERMINE THE WAGE DATA CLEARINGHOUSE'S  PRIORITIES
IN DATA ANALYSIS.
  7.  THE  WAGE  DATA CLEARINGHOUSE SHALL RELEASE REPORTS AND AGGREGATED
DATA TO THE DEPARTMENT,  WHICH  SHALL  SHARE  SUCH  INFORMATION  ON  THE
DEPARTMENT'S WEBSITE, AS WELL AS ON ANY WEBSITE MAINTAINED BY THE CLEAR-
INGHOUSE.
  8.  ON  OR  BEFORE  THE  FIRST  OF JANUARY, TWO THOUSAND NINETEEN, THE
DEPARTMENT SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET, THE CHAIR OF  THE
SENATE  FINANCE  COMMITTEE,  THE  CHAIR  OF  THE ASSEMBLY WAYS AND MEANS
COMMITTEE, THE CHAIRS OF  SENATE  AND  ASSEMBLY  LABOR  COMMITTEES,  THE
SPEAKER OF THE ASSEMBLY, AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AN
EVALUATION  OF  THIS  PROGRAM  PREPARED  BY AN ENTITY INDEPENDENT OF THE
DEPARTMENT. SUCH EVALUATION SHALL BE SUBMITTED EVERY FOUR  YEARS  THERE-
AFTER.
  § 2. This act shall take effect immediately.

Co-Sponsors

A2164A - Details

See Senate Version of this Bill:: S5363
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §44, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9933
2019-2020: A1056
2021-2022: A2542
2023-2024: A359

A2164A - Summary

Relates to the establishment of a wage data clearinghouse.

A2164A - Bill Text download pdf


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

                                 2164--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2017
                               ___________

Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
  tee 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 establishment of wage
  data clearinghouses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new section 44 to read
as follows:
  § 44. WAGE DATA CLEARINGHOUSE. 1.  THE COMMISSIONER, SUBJECT TO AVAIL-
ABLE  APPROPRIATIONS AND IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
TION AND THE STATE WORKFORCE INVESTMENT  BOARD,  SHALL  ESTABLISH  THREE
WAGE DATA CLEARINGHOUSES, AS DESIGNATED BY THE DEPARTMENT OF LABOR WHER-
EIN  EACH WOULD SERVE BETWEEN THREE AND FOUR DISTINCT LABOR MARKET AREAS
DIVIDED AMONG THE NORTH, WEST AND DOWNSTATE REGIONS  OF  THE  STATE,  AS
DEFINED  BY THE DEPARTMENT.  THE PURPOSE OF THE WAGE DATA CLEARINGHOUSES
ARE TO: (A) ANALYZE AVAILABLE WAGE  RECORD  DATA,  QUARTERLY  CENSUS  OF
EMPLOYMENT  AND  WAGES  DATA,  AND UNEMPLOYMENT INSURANCE DATA AND OTHER
AVAILABLE DATA; (B) SUPPLEMENT CURRENT  DATA  ANALYSIS  AND  ASSIST  THE
DEPARTMENT  OF  LABOR,  STATE AND LOCAL POLICYMAKERS, WORKFORCE TRAINING
AND EDUCATION PROVIDERS, PUBLIC SECONDARY SCHOOLS, INSTITUTIONS OF HIGH-
ER EDUCATION AND RESEARCH INSTITUTIONS WITH THE ANALYSIS OF  SUCH  DATA;
AND  (C) ANALYZE THE OUTCOMES AND EFFECTIVENESS OF WORKFORCE PREPARATION
PROGRAMS IN THEIR REGIONS, AND TO CONDUCT OTHER RELATED RESEARCH.
  2. THE WAGE DATA CLEARINGHOUSES  SHALL  BE  ADMINISTERED  BY  ACADEMIC
INSTITUTIONS  IN THE STATE OF NEW YORK WITH PROVEN EXPERIENCE IN ANALYZ-
ING LABOR DATA AND SHALL BE SELECTED BY THE COMMISSIONER,  IN  CONSULTA-
TION  WITH THE COMMISSIONER OF EDUCATION AND THE STATE WORKFORCE INVEST-
MENT BOARD, THROUGH A  REQUEST  FOR  PROPOSAL  PROCESS.  CRITERIA  SHALL
INCLUDE,  BUT  NOT BE LIMITED TO, THE DEMONSTRATED ABILITY OF THE CHOSEN
INSTITUTION TO ANALYZE WAGE REPORTING DATA AND TO LEVERAGE  AND  ATTRACT

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

                                                           LBD07591-03-7

A. 2164--A                          2

FEDERAL  FUNDS, AND NON-GOVERNMENTAL FUNDS.  THE COMMISSIONER IS AUTHOR-
IZED TO PROVIDE FUNDING TO SELECTED ACADEMIC INSTITUTIONS FOR  OPERATING
WAGE  DATA CLEARINGHOUSES OF UP TO SIX HUNDRED THOUSAND DOLLARS ANNUALLY
DIVIDED  EVENLY  AMONG  THE THREE CLEARINGHOUSES.  ANY UNUSED ALLOCATION
MAY BE MADE AVAILABLE IN THE SUBSEQUENT FISCAL YEAR.
  3. THE DEPARTMENT SHALL PROVIDE THE WAGE DATA CLEARINGHOUSES WITH  ALL
STATE  AND  FEDERAL  WAGE  AND EMPLOYMENT RELATED DATA IT HAS AVAILABLE,
INCLUDING BUT NOT LIMITED TO  WAGE  RECORD  DATA,  QUARTERLY  CENSUS  OF
EMPLOYMENT  AND  WAGES DATA AND UNEMPLOYMENT INSURANCE DATA. ALL DISCLO-
SURE REQUIREMENTS SPECIFIED IN SECTION FIVE HUNDRED THIRTY-SEVEN OF THIS
CHAPTER SHALL APPLY TO ALL WAGE  DATA  CLEARINGHOUSE  EMPLOYEES  WORKING
WITH THE DATA.
  4. A STATEWIDE WAGE DATA CLEARINGHOUSE ADVISORY BOARD IS HEREBY ESTAB-
LISHED  FOR  THE PURPOSE OF DETERMINING STATEWIDE OBJECTIVES AND EACH OF
THE WAGE DATA CLEARINGHOUSE'S RESEARCH AND EVALUATION  PRIORITIES  AFTER
CONSULTATION WITH THE DIRECTOR OF EACH WAGE DATA CLEARINGHOUSE AND AFTER
REVIEWING  EACH  DIRECTOR'S  RECOMMENDATIONS  FOR REVIEW.   THE ADVISORY
BOARD SHALL CONSIST OF NINE MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY
THE COMMISSIONER, THREE OF WHOM SHALL BE APPOINTED BY  THE  COMMISSIONER
OF  EDUCATION,  THREE  OF WHOM SHALL BE APPOINTED BY THE STATE WORKFORCE
INVESTMENT BOARD.  THE ADVISORY BOARD SHALL INCLUDE  REPRESENTATIVES  OF
HIGHER  EDUCATION,  WORKFORCE  EDUCATION  AND  TRAINING PROVIDERS, BUSI-
NESSES,  INCLUDING  SMALL  BUSINESSES,  LABOR  ORGANIZATIONS  AND  OTHER
APPOINTEES  WITH EXPERTISE IN WORKFORCE DEVELOPMENT THE DEPARTMENT DEEMS
APPROPRIATE, WITH AT LEAST ONE MEMBER FROM  EACH  OF  THE  FIVE  REGIONS
REPRESENTED BY THE CLEARINGHOUSES.
  5.  THE WAGE DATA CLEARINGHOUSES SHALL USE WAGE RECORD DATA, QUARTERLY
CENSUS  OF  EMPLOYMENT  AND  WAGES DATA, AND UNEMPLOYMENT INSURANCE DATA
PROVIDED BY THE DEPARTMENT  AND  ANY  OTHER  DATA  SETS  INCLUDING  DATA
PROVIDED  BY  STATE,  FEDERAL OR LOCAL AGENCIES IT DEEMS APPROPRIATE, TO
PROVIDE ANALYSES OF THE EFFECTIVENESS OF WORKFORCE PREPARATION  PROGRAMS
THROUGHOUT  THE STATE, AND ANY OTHER RESEARCH THE ADVISORY BOARD IDENTI-
FIES AS CONTRIBUTING TO THE ATTAINMENT OF LONG-TERM EMPLOYMENT OF  RESI-
DENTS, ESPECIALLY THOSE WHO ARE UNEMPLOYED OR UNDER-EMPLOYED.
  6.  THE  WAGE DATA CLEARINGHOUSES SHALL RELEASE REPORTS AND AGGREGATED
DATA TO THE DEPARTMENT,  WHICH  SHALL  SHARE  SUCH  INFORMATION  ON  THE
DEPARTMENT'S WEBSITE, AS WELL AS ON ANY WEBSITE MAINTAINED BY THE CLEAR-
INGHOUSES.
  7.    ONE  YEAR AFTER SELECTION OF THE ACADEMIC INSTITUTIONS THAT WILL
SERVE AS CLEARINGHOUSES, THE DEPARTMENT SHALL SUBMIT TO THE DIRECTOR  OF
THE  BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRS  OF  SENATE  AND  ASSEMBLY
LABOR  COMMITTEES,  THE  SPEAKER  OF THE ASSEMBLY, AND THE PRESIDENT PRO
TEMPORE OF THE SENATE, AN EVALUATION OF  THIS  PROGRAM  PREPARED  BY  AN
ENTITY INDEPENDENT OF THE DEPARTMENT. SUCH EVALUATION SHALL BE SUBMITTED
EVERY FOUR YEARS THEREAFTER.
  § 2. This act shall take effect immediately.

Co-Sponsors

A2164B - Details

See Senate Version of this Bill:: S5363
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §44, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9933
2019-2020: A1056
2021-2022: A2542
2023-2024: A359

A2164B - Summary

Relates to the establishment of a wage data clearinghouse.

A2164B - Bill Text download pdf


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

                                 2164--B
                                                            R. R. 86

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2017
                               ___________

Introduced  by  M. of A. BRONSON, SEPULVEDA -- read once and referred to
  the Committee on Labor -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred  to  the Committee on Ways and Means -- reported and referred
  to the Committee on Rules -- amended on the  special  order  of  third
  reading,  ordered  reprinted  as  amended,  retaining its place on the
  special order of third reading

AN ACT to amend the labor law, in relation to the establishment of  wage
  data clearinghouses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new section 44 to read
as follows:
  § 44. WAGE DATA CLEARINGHOUSE. 1.  THE COMMISSIONER, SUBJECT TO AVAIL-
ABLE APPROPRIATIONS AND IN CONSULTATION WITH THE COMMISSIONER OF  EDUCA-
TION  AND  THE  STATE  WORKFORCE INVESTMENT BOARD, SHALL ESTABLISH THREE
WAGE DATA CLEARINGHOUSES, AS DESIGNATED BY THE DEPARTMENT OF LABOR WHER-
EIN EACH WOULD SERVE BETWEEN THREE AND FOUR DISTINCT LABOR MARKET  AREAS
DIVIDED  AMONG  THE  NORTH,  WEST AND DOWNSTATE REGIONS OF THE STATE, AS
DEFINED BY THE DEPARTMENT.  THE PURPOSE OF THE WAGE DATA  CLEARINGHOUSES
ARE  TO:  (A)  ANALYZE  AVAILABLE  WAGE RECORD DATA, QUARTERLY CENSUS OF
EMPLOYMENT AND WAGES DATA, AND UNEMPLOYMENT  INSURANCE  DATA  AND  OTHER
AVAILABLE  DATA;  (B)  SUPPLEMENT  CURRENT  DATA ANALYSIS AND ASSIST THE
DEPARTMENT OF LABOR, STATE AND LOCAL  POLICYMAKERS,  WORKFORCE  TRAINING
AND EDUCATION PROVIDERS, PUBLIC SECONDARY SCHOOLS, INSTITUTIONS OF HIGH-
ER  EDUCATION  AND RESEARCH INSTITUTIONS WITH THE ANALYSIS OF SUCH DATA;
AND (C) ANALYZE THE OUTCOMES AND EFFECTIVENESS OF WORKFORCE  PREPARATION
PROGRAMS IN THEIR REGIONS, AND TO CONDUCT OTHER RELATED RESEARCH.
  2.  THE  WAGE  DATA  CLEARINGHOUSES  SHALL BE ADMINISTERED BY ACADEMIC
INSTITUTIONS IN THE STATE OF NEW YORK WITH PROVEN EXPERIENCE IN  ANALYZ-
ING  LABOR  DATA AND SHALL BE SELECTED BY THE COMMISSIONER, IN CONSULTA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD07591-05-7

A. 2164--B                          2

TION WITH THE COMMISSIONER OF EDUCATION AND THE STATE WORKFORCE  INVEST-
MENT  BOARD,  THROUGH  A  REQUEST  FOR  PROPOSAL PROCESS. CRITERIA SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE DEMONSTRATED ABILITY OF  THE  CHOSEN
INSTITUTION  TO  ANALYZE WAGE REPORTING DATA AND TO LEVERAGE AND ATTRACT
FEDERAL FUNDS, AND NON-GOVERNMENTAL FUNDS.  THE COMMISSIONER IS  AUTHOR-
IZED  TO PROVIDE FUNDING TO SELECTED ACADEMIC INSTITUTIONS FOR OPERATING
WAGE DATA CLEARINGHOUSES OF UP TO SIX HUNDRED THOUSAND DOLLARS  ANNUALLY
DIVIDED  EVENLY  AMONG  THE THREE CLEARINGHOUSES.  ANY UNUSED ALLOCATION
MAY BE MADE AVAILABLE IN THE SUBSEQUENT FISCAL YEAR.
  3. THE DEPARTMENT SHALL PROVIDE THE WAGE DATA CLEARINGHOUSES WITH  ALL
STATE  AND  FEDERAL  WAGE  AND EMPLOYMENT RELATED DATA IT HAS AVAILABLE,
INCLUDING BUT NOT LIMITED TO  WAGE  RECORD  DATA,  QUARTERLY  CENSUS  OF
EMPLOYMENT  AND  WAGES DATA AND UNEMPLOYMENT INSURANCE DATA. ALL DISCLO-
SURE REQUIREMENTS SPECIFIED IN SECTION FIVE HUNDRED THIRTY-SEVEN OF THIS
CHAPTER SHALL APPLY TO ALL WAGE  DATA  CLEARINGHOUSE  EMPLOYEES  WORKING
WITH THE DATA.
  4. A STATEWIDE WAGE DATA CLEARINGHOUSE ADVISORY BOARD IS HEREBY ESTAB-
LISHED  FOR  THE PURPOSE OF DETERMINING STATEWIDE OBJECTIVES AND EACH OF
THE WAGE DATA CLEARINGHOUSE'S RESEARCH AND EVALUATION  PRIORITIES  AFTER
CONSULTATION WITH THE DIRECTOR OF EACH WAGE DATA CLEARINGHOUSE AND AFTER
REVIEWING  EACH  DIRECTOR'S  RECOMMENDATIONS  FOR REVIEW.   THE ADVISORY
BOARD SHALL CONSIST OF NINE MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY
THE COMMISSIONER, THREE OF WHOM SHALL BE APPOINTED BY  THE  COMMISSIONER
OF  EDUCATION,  THREE  OF WHOM SHALL BE APPOINTED BY THE STATE WORKFORCE
INVESTMENT BOARD.  THE ADVISORY BOARD SHALL INCLUDE  REPRESENTATIVES  OF
HIGHER  EDUCATION,  WORKFORCE  EDUCATION  AND  TRAINING PROVIDERS, BUSI-
NESSES,  INCLUDING  SMALL  BUSINESSES,  LABOR  ORGANIZATIONS  AND  OTHER
APPOINTEES  WITH EXPERTISE IN WORKFORCE DEVELOPMENT THE DEPARTMENT DEEMS
APPROPRIATE.
  5.  THE WAGE DATA CLEARINGHOUSES SHALL USE WAGE RECORD DATA, QUARTERLY
CENSUS OF EMPLOYMENT AND WAGES DATA,  AND  UNEMPLOYMENT  INSURANCE  DATA
PROVIDED  BY  THE  DEPARTMENT  AND  ANY  OTHER  DATA SETS INCLUDING DATA
PROVIDED BY STATE, FEDERAL OR LOCAL AGENCIES IT  DEEMS  APPROPRIATE,  TO
PROVIDE  ANALYSES OF THE EFFECTIVENESS OF WORKFORCE PREPARATION PROGRAMS
THROUGHOUT THE STATE, AND ANY OTHER RESEARCH THE ADVISORY BOARD  IDENTI-
FIES  AS CONTRIBUTING TO THE ATTAINMENT OF LONG-TERM EMPLOYMENT OF RESI-
DENTS, ESPECIALLY THOSE WHO ARE UNEMPLOYED OR UNDER-EMPLOYED.
  6. THE WAGE DATA CLEARINGHOUSES SHALL RELEASE REPORTS  AND  AGGREGATED
DATA  TO  THE  DEPARTMENT,  WHICH  SHALL  SHARE  SUCH INFORMATION ON THE
DEPARTMENT'S WEBSITE, AS WELL AS ON ANY WEBSITE MAINTAINED BY THE CLEAR-
INGHOUSES.
  7.  ONE YEAR AFTER SELECTION OF THE ACADEMIC  INSTITUTIONS  THAT  WILL
SERVE  AS CLEARINGHOUSES, THE DEPARTMENT SHALL SUBMIT TO THE DIRECTOR OF
THE BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF  THE
ASSEMBLY  WAYS  AND  MEANS  COMMITTEE, THE CHAIRS OF SENATE AND ASSEMBLY
LABOR COMMITTEES, THE SPEAKER OF THE ASSEMBLY,  AND  THE  PRESIDENT  PRO
TEMPORE  OF  THE  SENATE,  AN  EVALUATION OF THIS PROGRAM PREPARED BY AN
ENTITY INDEPENDENT OF THE DEPARTMENT. SUCH EVALUATION SHALL BE SUBMITTED
EVERY FOUR YEARS THEREAFTER.
  § 2. This act shall take effect immediately.

Co-Sponsors

A2164C (ACTIVE) - Details

See Senate Version of this Bill:: S5363
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §44, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9933
2019-2020: A1056
2021-2022: A2542
2023-2024: A359

A2164C (ACTIVE) - Summary

Relates to the establishment of a wage data clearinghouse.

A2164C (ACTIVE) - Bill Text download pdf


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

                                 2164--C
                                                        Cal. No. 163

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2017
                               ___________

Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
  tee on Labor -- committee discharged, bill amended, ordered  reprinted
  as  amended and recommitted to said committee -- reported and referred
  to the Committee on Ways and Means -- reported  and  referred  to  the
  Committee  on  Rules -- amended on the special order of third reading,
  ordered reprinted as amended, retaining its place on the special order
  of third reading -- ordered to a third reading,  amended  and  ordered
  reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the labor law, in relation to the establishment of a
  wage data clearinghouse

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new section 44 to read
as follows:
  § 44. WAGE DATA CLEARINGHOUSE. 1.  THE COMMISSIONER, SUBJECT TO AVAIL-
ABLE  APPROPRIATIONS  AND  IN  CONSULTATION WITH THE COMMISSIONER OF THE
EDUCATION DEPARTMENT AND THE STATE  WORKFORCE  INVESTMENT  BOARD,  SHALL
ESTABLISH  A  WAGE  DATA  CLEARINGHOUSE.    THE PURPOSE OF THE WAGE DATA
CLEARINGHOUSE SHALL BE TO USE EXISTING UNEMPLOYMENT  INSURANCE  DATA  AS
DESCRIBED IN SECTION FIVE HUNDRED THIRTY-SEVEN OF THIS CHAPTER AND OTHER
AVAILABLE  LABOR,  EDUCATION  AND WORKFORCE DEVELOPMENT DATA TO EVALUATE
THE LONG-TERM  EFFECTIVENESS  OF  WORKFORCE  DEVELOPMENT  AND  EDUCATION
PROGRAMS  AND  TO  IDENTIFY  GAPS  IN  THE  AVAILABILITY OF EXISTING AND
PROPOSED WORKFORCE DEVELOPMENT TRAINING TO  MEET  EMPLOYMENT  NEEDS,  IN
ADDITION,  THE CLEARINGHOUSE SHALL CONDUCT ANY OTHER RESEARCH IT IDENTI-
FIES AS CONTRIBUTING TO INCREASING THE ATTAINMENT OF  LONG-TERM  EMPLOY-
MENT  OF RESIDENTS OF THIS STATE, ESPECIALLY THOSE WHO ARE UNEMPLOYED OR
UNDEREMPLOYED.
  2. THE WAGE DATA CLEARINGHOUSE SHALL BE ADMINISTERED  BY  AN  ACADEMIC
INSTITUTION  IN THE STATE OF NEW YORK WITH PROVEN EXPERTISE IN ANALYZING
LABOR DATA AND SHALL BE SELECTED BY THE  COMMISSIONER,  IN  CONSULTATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD07591-11-8

A. 2164--C                          2

WITH  THE  COMMISSIONER  OF THE EDUCATION DEPARTMENT AND THE STATE WORK-
FORCE INVESTMENT BOARD, THROUGH A REQUEST FOR PROPOSALS PROCESS.  CRITE-
RIA  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, THE DEMONSTRATED ABILITY OF
THE  CHOSEN  INSTITUTION  TO  ANALYZE  UNEMPLOYMENT  INSURANCE  AND WAGE
REPORTING DATA AND TO LEVERAGE AND ATTRACT FEDERAL FUNDS AND NON-GOVERN-
MENTAL FUNDS.  THE COMMISSIONER IS AUTHORIZED TO PROVIDE  FUNDING  TO  A
SELECTED ACADEMIC INSTITUTION FOR OPERATING A WAGE DATA CLEARINGHOUSE OF
UP  TO  SIX  HUNDRED  THOUSAND  DOLLARS, SUBJECT TO APPROPRIATION.   ANY
UNUSED ALLOCATION MAY BE MADE AVAILABLE IN THE SUBSEQUENT FISCAL YEAR.
  3. THE DEPARTMENT SHALL PROVIDE THE WAGE DATA CLEARINGHOUSE  WITH  ALL
STATE AND FEDERAL UNEMPLOYMENT INSURANCE AND WAGE AND EMPLOYMENT RELATED
DATA  IT HAS AVAILABLE, INCLUDING BUT NOT LIMITED TO UNEMPLOYMENT INSUR-
ANCE DATA AS DESCRIBED IN SECTION  FIVE  HUNDRED  THIRTY-SEVEN  OF  THIS
CHAPTER.  ALL  DISCLOSURE REQUIREMENTS SPECIFIED IN SECTION FIVE HUNDRED
THIRTY-SEVEN OF THIS CHAPTER SHALL APPLY TO ALL WAGE DATA  CLEARINGHOUSE
EMPLOYEES WORKING WITH THE DATA.
  4. A STATEWIDE WAGE DATA CLEARINGHOUSE ADVISORY BOARD IS HEREBY ESTAB-
LISHED  FOR THE PURPOSE OF DETERMINING STATEWIDE OBJECTIVES AND THE WAGE
DATA CLEARINGHOUSE'S RESEARCH AND EVALUATION PRIORITIES AFTER  CONSULTA-
TION  WITH  THE  DIRECTOR  OF THE WAGE DATA CLEARINGHOUSE.  THE ADVISORY
BOARD SHALL APPOINT A DIRECTOR WITH EXPERTISE IN LARGE DATA SYSTEMS  AND
DATA  SECURITY  WITH  PREFERENCE GIVEN TO A CANDIDATE WHO HAS EXPERIENCE
WITH WORKFORCE DEVELOPMENT. SUCH DIRECTOR SHALL RECEIVE AN ANNUAL SALARY
WITHIN AMOUNTS APPROPRIATED.  (A) THE ADVISORY BOARD  SHALL  CONSIST  OF
TWELVE MEMBERS, INCLUDING: THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW
YORK,  OR  SUCH  CHANCELLOR'S  DESIGNEE;  THE  COMMISSIONER OF THE STATE
EDUCATION DEPARTMENT, OR SUCH COMMISSIONER'S DESIGNEE; THE  COMMISSIONER
OF  THE  STATE  DEPARTMENT  OF  LABOR, OR THE COMMISSIONER'S DESIGNEE; A
REPRESENTATIVE OF SUPERINTENDENTS OF SCHOOLS, APPOINTED BY THE GOVERNOR;
A REPRESENTATIVE OF A DISTRICT SUPERINTENDENTS OF SCHOOLS, APPOINTED  BY
THE  GOVERNOR;  A REPRESENTATIVE OF COMMUNITY COLLEGES, APPOINTED BY THE
GOVERNOR; AND, SIX MEMBERS OF THE PUBLIC, INCLUDING THREE  APPOINTED  BY
THE  SPEAKER  OF  THE  ASSEMBLY AND THREE APPOINTED BY THE PRESIDENT PRO
TEMPORE OF THE SENATE.  THE PUBLIC MEMBERS OF THE ADVISORY  BOARD  SHALL
HAVE EXPERTISE IN LARGE DATA SYSTEMS AND DATA SECURITY, WORKFORCE DEVEL-
OPMENT PROGRAMS, ECONOMIC DEVELOPMENT, BUSINESS MANAGEMENT AND/OR ORGAN-
IZED  LABOR.  (B)  THE  MEMBERS  OF  THE ADVISORY BOARD SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR  ACTUAL  AND
NECESSARY  EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT
TO THIS SECTION, SUBJECT TO THE APPROVAL OF THE DEPARTMENT. (C) ADVISORY
BOARD MEMBERS WHO REPRESENT STATE AGENCIES SHALL BE APPOINTED FOR  TERMS
OF  THREE YEARS, AND MEMBERS WHO REPRESENT LOCAL GOVERNMENTS SHALL SERVE
TERMS OF TWO YEARS AND ALL OTHER  MEMBERS  SHALL  SERVE  TERMS  OF  FOUR
YEARS. VACANCIES SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINT-
MENTS  FOR  THE  REMAINDER  OF  THE  UNEXPIRED  TERM. (D) ADVISORY BOARD
MEMBERS SHALL EACH BE GRANTED VOTING RIGHTS AND WILL  TOGETHER  ELECT  A
CHAIR  WHOSE  DESIGNATION  SHALL  BE  MADE BI-ANNUALLY. (E) THE ADVISORY
BOARD SHALL MEET AT SUCH TIMES AND PLACES AS MAY BE  DETERMINED  BY  ITS
CHAIR.  THE  ADVISORY  BOARD SHALL MEET AT A MINIMUM OF SIX TIMES IN THE
FIRST YEAR AND A MINIMUM OF THREE TIMES PER YEAR THEREAFTER.  ALL  MEET-
INGS SHALL BE OPEN TO THE PUBLIC PURSUANT TO ARTICLE SEVEN OF THE PUBLIC
OFFICERS LAW. A MAJORITY OF THE MEMBERS OF SUCH COUNCIL SHALL CONSTITUTE
A  QUORUM  FOR THE TRANSACTION OF BUSINESS.  (F) AFTER CONSULTATION WITH
THE DIRECTOR, THE ADVISORY BOARD SHALL  DISCUSS  AND  VOTE  ON  RESEARCH
PRIORITIES  AND  TOPICS  FOR THE CLEARINGHOUSE THAT DO NOT DUPLICATE ANY
RESEARCH OR STATISTICS THE DEPARTMENT UNDERTAKES AND THAT FOCUS  ON  THE

A. 2164--C                          3

NEED  OF  THE  USERS  OF  THE ANALYSIS, WHICH ARE STATE AND LOCAL POLICY
MAKERS, EDUCATIONAL ENTITIES,  WORKFORCE  DEVELOPMENT  PROVIDERS,  BUSI-
NESSES, AND ECONOMIC DEVELOPMENT ADMINISTRATORS.
  5.  THE  WAGE DATA CLEARINGHOUSE SHALL USE UNEMPLOYMENT INSURANCE DATA
AS DESCRIBED IN  SECTION  FIVE  HUNDRED  THIRTY-SEVEN  OF  THIS  CHAPTER
PROVIDED  BY  THE  DEPARTMENT  AND  ANY  OTHER  DATA SETS INCLUDING DATA
PROVIDED BY STATE, FEDERAL OR LOCAL AGENCIES IT DEEMS APPROPRIATE.   THE
CLEARINGHOUSE  SHALL KEEP PRIVATE AND SAFEGUARD ANY PERSONALLY IDENTIFI-
ABLE INFORMATION IT OBTAINS AND SHALL NOT RELEASE  SUCH  INFORMATION  TO
ANY  OTHER  PARTY,  AND  SHALL  USE  ANY  DATA IT OBTAINS SOLELY FOR THE
PURPOSE OF FURTHERING THE  EFFECTIVENESS  AND  EFFICIENCY  OF  WORKFORCE
DEVELOPMENT EFFORTS AS PROVIDED IN THIS SECTION.
  6.  THE  WAGE  DATA CLEARINGHOUSE SHALL RELEASE REPORTS AND AGGREGATED
DATA TO THE DEPARTMENT,  WHICH  SHALL  BE  POSTED  ON  THE  DEPARTMENT'S
WEBSITE AS WELL AS ON ANY WEBSITE MAINTAINED BY THE CLEARINGHOUSE.
  7.  ONE  YEAR  AFTER  SELECTION  OF THE ACADEMIC INSTITUTION THAT WILL
SERVE AS THE CLEARINGHOUSE, THE DEPARTMENT SHALL SUBMIT TO THE  DIRECTOR
OF  THE  BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRS OF SENATE AND ASSEMBLY
LABOR COMMITTEES, THE SPEAKER OF THE ASSEMBLY,  AND  THE  PRESIDENT  PRO
TEMPORE  OF  THE  SENATE,  AN EVALUATION OF THIS PROGRAM PREPARED BY THE
DEPARTMENT. SUCH EVALUATION SHALL BE SUBMITTED EVERY FOUR  YEARS  THERE-
AFTER.
  § 2. This act shall take effect immediately.

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The New York State Senate

assembly Bill A2164C

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assembly Bill A2164C

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BRONSON

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Luis R. Sepúlveda

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Patricia Fahy

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