NY State Senate Bill 2021-S7489

Senate Bill S7489

2021-2022 Legislative Session

Relates to the establishment of a wage data clearinghouse

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Oct 29, 2021	referred to rules

2021-S7489 (ACTIVE) - Details

See Assembly Version of this Bill:: A2542
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §45, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9933
2017-2018: A2164
2019-2020: A1056
2023-2024: S9665, A359

2021-S7489 (ACTIVE) - Summary

Relates to the establishment of a wage data clearinghouse.

2021-S7489 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7489

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the labor law, in relation to the establishment of a
wage data clearinghouse

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires the State Department of Labor (DOL) to issue an RFP to form a
partnership with an academic institution with proven experience in
analyzing labor market data to establish a research center to serve as
the State's clearinghouse for wage data. The clearinghouse would be
required to issue reports evaluating workforce preparation, worker
training and selected education programs, and to provide data on work-
force trends. This would allow the state to benefit from the expertise
of academics in conducting important research while keeping the data
protected.

 
SUMMARY OF SPECIFIC PROVISIONS:

Labor Law - § 44 wage data clearinghouse.

Section 1. The labor commissioner shall establish a wage data clearing-
house in consultation with the commissioner of education and the state
workforce investment board.

Section 2. The wage data clearinghouse shall be administered by an
academic institution in New York state with proven experience in analyz-
ing labor data.

Section 3. The department shall provide the wage data clearinghouse with
all state and federal wage and employment related data it has available.

Section 4. A nine member advisory board is established

Section 5. The wage data clearinghouse shall provide analyses on the
effectiveness of workforce preparation programs and other related
research.

Section 6. The advisory board will consult with DOL, the commissioner of
education and the state workforce investment board.

Section 7. The clearinghouse shall release reports and aggregated data
to the department, which shall be made available online.

Section 8. DOL shall issue an evaluation of this data clearinghouse
within one year, and every four years thereafter.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Create new section 44 of Labor Law.

 
JUSTIFICATION:

The state spends billions of state and federal dollars each year on
educating and training future workers through the PK-12 system, public
colleges and universities, workforce development and preparation
programs, and adult literacy classes. Yet policymakers and the public
have little idea which programs are effective and actually help partic-
ipants get on career paths that lead to living wage employment. Since
enactment of a state law in 2013, colleges and public workforce programs
have had access to the earnings and employment information of people who
completed their programs. While most large institutions do have the
capacity to meet the state's exacting standards for using the informa-
tion safely and effectively, smaller workforce preparation programs
which might benefit from information do not have the technological
capacity and analytical expertise to use the data.

Most other states are using wage data, often in combination with educa-
tion data to assess education and workforce programs. Examples of Data
Aggregation:

*Colleges and universities can now look at earnings of graduates, see
not only whether students got a job after graduation but whether they
stayed in a job and were able to move into higher paying positions.

*Individuals and policymakers can identify which educational and work-
force development programs are producing the best outcomes for partic-
ipants.

*This data will help the state and localities identify how many people
are trained in specific skills, where they are, whether they are out of
work or are looking for similarly skilled jobs, how many went through
such skill programs, are grads of programs and are successful in train-
ing more.

 
PRIOR LEGISLATIVE HISTORY:

A1056 of 2019-20: referred to ways and means

A9933 of 2015-16: pass the Assembly;

A2164 of 2017-18: passed the Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Subject to available appropriations.

 
EFFECTIVE DATE:
Immediately.

2021-S7489 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7489
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 29, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 45 to read
 as follows:
   § 45. 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.
                                                            LBD05112-02-1

 S. 7489                             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
 S. 7489                             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.

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