S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4009
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. MONTESA-
   NO -- 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 and 8 as added by chapter
 551  of  the laws of 2008, clause 5 as further amended by section 104 of
 part A of chapter 62 of the laws of 2011, clause 9 as amended by chapter
 265 of the laws of 2013 and clauses 10 and 11 as added by chapter 456 of
 the laws of 2013, 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-

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

                                                            LBD08428-01-9

 A. 4009                             2
 
 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
 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 department of financial  services,  for  purposes  of  determining
 compliance  with  the  coverage  of workers' compensation and disability
 insurance and to the workers' compensation board for purposes of  deter-
 mining 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 for the evaluation of the effect on
 earnings of participants, or  former  participants,  in  employment  and
 training  programs for which the commission for the blind has reporting,
 monitoring or evaluating responsibilities[.];
   (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-

 A. 4009                             3
 
 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-
 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[.]; AND
   (12) 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

 A. 4009                             4
 
 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.
   § 2. This act shall take effect immediately.