S T A T E   O F   N E W   Y O R K
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                                    359
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON, COLTON -- read once and referred to the
   Committee on Labor
 
 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.
                                                            LBD01604-01-3
              

 A. 359                              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
 A. 359                              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.