S T A T E O F N E W Y O R K
________________________________________________________________________
1056
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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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 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04601-01-9
A. 1056 2
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
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
A. 1056 3
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.