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
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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.