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

                                  2951

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. BRENNAN,
  MONTESANO -- 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 and a new subdivision 12 is added  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07452-01-5
              

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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 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

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workforce  partnerships,  program  coordination,  inter-agency   collab-
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

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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.