S T A T E O F N E W Y O R K
________________________________________________________________________
7911
2013-2014 Regular Sessions
I N A S S E M B L Y
June 7, 2013
___________
Introduced by M. of A. ROZIC -- read once and referred 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. 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 of
subparagraph (ii) as amended and clauses 6, 7, 8 and 9 of subparagraph
(ii) as added by chapter 551 of the laws of 2008 and clause 5 as further
amended by section 104 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
g. Federal, state and local agencies, THEIR AGENTS AND CONTRACTORS.
(i) Upon request to the commissioner, such information may be disclosed
to [certain] federal, state and local agencies, AND THEIR AGENTS AND
CONTRACTORS, IN ACCORDANCE WITH THIS PARAGRAPH. The commissioner may
require written agreements with requesting agencies, AND BETWEEN THEIR
AGENTS AND CONTRACTORS, in a form determined by the commissioner and
consistent with 20 CFR PART 603 and other federal regulations. The
information that may be disclosed pursuant to this paragraph shall be
disclosed only after the requesting agency has demonstrated, to the
commissioner's satisfaction, that the information shall be kept confi-
dential, except for those purposes for which it was provided to the
requesting agency, and that the requesting agency, AND, WHERE APPLICA-
BLE, ITS AGENT OR CONTRACTOR, has security safeguards in place to
prevent the unauthorized disclosure of such information.
(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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11440-01-3
A. 7911 2
(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
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 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.
(10) ANY OTHER FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY THAT HAS
MADE A REQUEST FOR SUCH INFORMATION IN ACCORDANCE WITH PROCEDURES ESTAB-
LISHED PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, WHERE SUCH
A. 7911 3
INFORMATION IS TO BE USED FOR (A) EVALUATION OF PROGRAM PERFORMANCE,
INCLUDING, BUT NOT LIMITED TO, LONGITUDINAL 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 REGU-
LATION; (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 QUALI-
TY OR DELIVERY OF PROGRAM SERVICES OR TO CREATE OPERATIONAL EFFICIEN-
CIES; OR (E) ESTABLISHMENT OF COMMON CASE MANAGEMENT SYSTEMS BETWEEN
FEDERAL, STATE, OR LOCAL AGENCIES DELIVERING OR SUPPORTING WORKFORCE
SERVICES FOR A SHARED CUSTOMER BASE, WHEREVER SUCH COMMON CASE MANAGE-
MENT SYSTEM IS FOR THE PURPOSE OF FOSTERING WORKFORCE PARTNERSHIPS,
PROGRAM COORDINATION, INTER-AGENCY COLLABORATION, IMPROVING PROGRAM
SERVICES, OR CREATING OPERATIONAL EFFICIENCIES. 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 FIFTY YEARS; PROVIDED THAT THE COMMISSIONER MAY ALLOW SUCH USE
FOR A SHORTER PERIOD OF TIME SUBJECT TO RENEWAL. WHEN THE COMMISSIONER
ALLOWS USE OF INFORMATION FOR SUCH A STUDY FOR SUCH A LESSER PERIOD OF
TIME, THE COMMISSIONER SHALL PROVIDE A WRITTEN EXPLANATION FOR THE
REASONS THEREFOR.
(III) THE COMMISSIONER SHALL PROMULGATE REGULATIONS PROVIDING FOR THE
DETERMINATION OF REQUESTS FOR UNEMPLOYMENT INSURANCE INFORMATION DISCLO-
SURE MADE PURSUANT TO THIS PARAGRAPH. THE REGULATIONS SHALL PROVIDE FOR
A STANDARD APPLICATION FORM THAT AGENCIES SHALL SUBMIT TO REQUEST
DISCLOSURE OF UNEMPLOYMENT INSURANCE INFORMATION IN INDIVIDUALLY IDEN-
TIFIABLE FORM, IN DE-IDENTIFIED UNIT LEVEL FORM, OR AGGREGATED IN DE-I-
DENTIFIED FORM. THE FORM SHALL REQUEST ALL INFORMATION THE COMMISSIONER
DEEMS NECESSARY FOR DETERMINING WHETHER THE REQUESTING AGENCY MEETS THE
STANDARDS FOR SAFEGUARDING THE INFORMATION AND MAINTAINING ITS CONFIDEN-
TIALITY AS REQUIRED BY FEDERAL AND STATE LAWS AND RULES. THE FORM SHALL
PROVIDE FOR THE REQUESTING AGENCY TO INDICATE THE PURPOSE OF THE DISCLO-
SURE AND THE AMOUNT OF TIME OVER WHICH THE AGENCY INTENDS TO USE THE
DISCLOSED INFORMATION. THE REGULATION SHALL REQUIRE WRITTEN AGREEMENTS
WITH REQUESTING AGENCIES WITH RESPECT TO DISCLOSURES GRANTED PURSUANT TO
CLAUSE TEN OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND BETWEEN SUCH
AGENCIES AND THEIR AGENTS OR CONTRACTORS, IN A FORM DETERMINED BY THE
COMMISSIONER AND CONSISTENT WITH 20 CFR PART 603 AND ANY OTHER APPLICA-
BLE FEDERAL OR STATE LAWS AND RULES. THE TERMS OF SUCH AGREEMENTS SHALL
INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS REQUIRING THAT UNEMPLOYMENT
INSURANCE INFORMATION SHALL BE DISCLOSED ONLY AFTER THE REQUESTING AGEN-
CY OR ENTITY HAS DEMONSTRATED THAT: (A) THE DISCLOSED INFORMATION WILL
BE USED ONLY FOR THOSE PURPOSES FOR WHICH IT WAS PROVIDED TO THE
REQUESTING AGENCY; (B) THE DISCLOSED INFORMATION WILL BE KEPT CONFIDEN-
TIAL EXCEPT FOR SUCH PURPOSES; (C) THE REQUESTING AGENCY HAS MONITORING
PROTOCOLS AND SECURITY SAFEGUARDS IN PLACE TO PREVENT THE UNAUTHORIZED
USE AND DISCLOSURE OF SUCH INFORMATION; AND (D) THE AGENCY WILL MONITOR
COMPLIANCE WITH SUCH SAFEGUARDS.
(IV) WHEN THE COMMISSIONER DENIES A REQUEST FOR DISCLOSURE MADE PURSU-
ANT TO THIS PARAGRAPH, IN WHOLE OR IN PART, THE COMMISSIONER SHALL
PROVIDE A WRITTEN EXPLANATION TO THE REQUESTING AGENCY FOR SUCH DENIAL.
S 2. This act shall take effect immediately. Notwithstanding the
requirements of subparagraphs (ii), (iii) and (iv) of paragraph g of
subdivision 3 of section 537 of the labor law, as amended by section one
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of this act, the commissioner of labor shall be authorized to allow
disclosure of unemployment insurance information pursuant to clause (10)
of subparagraph (ii) of paragraph g of subdivision 3 of section 537 of
the labor law prior to the promulgation of regulations required by
subparagraph (iii) of paragraph g of subdivision 3 of section 537 of the
labor law, upon such conditions as the commissioner determines to be
consistent with the requirements of this act.