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A07911 Summary:

BILL NO    A07911B

SAME AS    SAME AS S05773-A

SPONSOR    Rozic

COSPNSR    Camara, Hevesi, Fahy, Moya, Ortiz, Miller, Skoufis, Brindisi,
           Goldfeder, Braunstein, Mosley, Simotas, Millman, Jacobs, Roberts,
           Crespo, Montesano, Gunther, Morelle, Rodriguez, Heastie

MLTSPNSR   Clark, Cook, Cusick, DenDekker, Hooper, Mayer, Thiele

Amd S537, Lab L

Permits the disclosure of unemployment insurance information with public
entities for certain purposes.
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A07911 Actions:

BILL NO    A07911B

06/07/2013 referred to labor
06/12/2013 reported referred to codes
06/12/2013 amend and recommit to codes
06/12/2013 print number 7911a
06/17/2013 amend and recommit to codes
06/17/2013 print number 7911b
06/19/2013 reported referred to ways and means
06/20/2013 reported referred to rules
06/20/2013 reported 
06/20/2013 rules report cal.655
06/20/2013 ordered to third reading rules cal.655
06/21/2013 passed assembly
06/21/2013 delivered to senate
06/21/2013 REFERRED TO RULES
06/21/2013 SUBSTITUTED FOR S5773A
06/21/2013 3RD READING CAL.1658
06/21/2013 PASSED SENATE
06/21/2013 RETURNED TO ASSEMBLY
10/11/2013 delivered to governor
10/23/2013 signed chap.456
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A07911 Votes:

A07911B06/21/2013 127/0
AbbateYColtonYGarbariYKearnsYMillmanYRiveraYStevensAB
AbinantYCookYGibsonYKellnerYMontesaERRobertsYStirpeER
ArroyoERCorwinYGiglioYKimYMorelleYRobinsoERSweeneyY
AubryYCrespoYGjonajERKolbYMosleyYRodriguYTediscoY
BarclayYCrouchYGlickYLalorYMoyaYRosaERTenneyY
BarrettYCurranYGoldfedERLavineYNojayYRosenthYThieleY
BarronYCusickYGoodellYLentolYNolanYRozicERTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksYRussellYTitusY
BlankenYDenDekkERGrafYLopezYO'DonneYRyanYWalterER
BorelliYDinowitYGuntherYLupardoYOrtizYSaladinYWeinsteY
BoylandABDiPietrYHawleyYLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaYScarborYWeprinER
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesERSchimmiYZebrowsY
BronsonYFahyYHikindERMalliotYPerryYSepulveERMr SpkrY
Brook-KYFarrellYHooperYMarkeyERPretlowYSimanowER
BuchwalYFinchYJacobsYMayerYQuartYSimotasY
ButlerYFitzpatYJaffeeYMcDonalYRaYSkartadY
CahillYFriendYJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanERMcKevitYRaiaYSolagesY
CerettoYGalefYKatzYMcLaughERRamosYStecY
ClarkYGanttYKavanagYMillerYReilichYSteckY

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A07911 Memo:

BILL NUMBER:A7911B

TITLE OF BILL:  An act to amend the labor law, in relation to the
sharing of unemployment insurance information with public entities for
certain authorized purposes

PURPOSE:  This legislation will allow specific government agencies to
request certain data from the Department of Labor for the purpose of
evaluating workforce development programs.

SUMMARY OF PROVISIONS:

Section I of the bill would amend S 537(3)(g) of the Labor Law to
allow for the disclosure of unemployment insurance information to
federal, state and local agencies, and their agents and contractors
for the purpose of evaluation of program performance; improvement to
the quality or delivery of program services; and, to meet additional
administrative requirements. When the commissioner approves a
requested disclosure of information for the purpose 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
information to be used for a period of up to ten years but may be
renewed for additional periods of time. Additionally, it would require
the Commissioner to post electronically in a place accessible by the
general public information for (i) the minimum conditions for granting
a request, (ii) a standard application for unemployment insurance
information, (iii) the timeframe for information requests and (iv)
contact information for assistance with requests; require the
Commissioner to enter into written agreements between the New York
State Department of Labor and public agencies in compliance with
federal and state data confidentiality requirements and; require the
Commissioner to provide a written explanation to any public agency
that makes an information request but is denied in whole or in part.

Section II of the bill states that except for otherwise allowed in
federal law or regulation or as otherwise authorized by agreement
between the department and the United States Department of Labor,
federal unemployment insurance grant funds shall not be used to pay
for any of the costs incurred by the department in processing and
handling a request. Costs paid shall be income of the state
unemployment insurance program and shall only be used as permitted
under the provision of applicable federal regulations.

Section III of the bill sets forth the effective date to be sixty days
from the date of enactment.

JUSTIFICATION:  Public agencies need consistent access to wage records
to fully understand the impact of workforce development programs
across the broadest range of funding streams. Analyzing data is a
common sense approach to program evaluation since there is often a
correlation between workforce programs and an increase in the
likelihood of greater earnings, employer-based benefits, and job
productivity.  Increased utilization of data also responds to recent
developments in federal budget policy that push grant-making agencies
like the U.S. Department of Labor to infuse evidence into their
grant-making to state and local governments, including a mandate to


demonstrate increased reliance on evidence in formula based and
competitive grant programs.

Moreover, using evidence to improve these programs, which benefit the
neediest members of our local communities, benefits the tax-base by
increasing revenues derived from higher employment levels. Finally,
public agencies need access to the information to satisfy certain
administrative and legislative mandates, including workforce program
accountability requirements enacted in the state budget agreed upon
between the Governor and Legislature. To illustrate the impact of wage
record access, consider Scholars @ Work; a collaboration between the
NYC Department of Education (DOE) and the New York City Department of
Small Business Services to provide internships to high school students
in the transportation industry. The program was started in 2010 to
provide graduating seniors with work experience and connections to
employers in their field of study in order to increase graduates'
employment opportunities and employment competitiveness. 125 students
participated in a 144-week paid internship program at a wage of $7.25
an hour in the first three years of the program. Prior to these
internships, the participants were full-time Career and Technical
Education high school students in their senior year. After completing
their internships, 43% of Scholars @ Work students have accepted
full-time employment, being hired by the companies with which they
interned or other businesses and positioning them for long-term
employability and financial self-sufficiency. Even more students were
offered jobs by their host companies but chose to go to college
instead. Without access to wage records, DOE can only track Scholars @
Work students through high school graduation, missing an opportunity
to determine if there is long-term impact through the Scholars @ Work
program.

Improved access to wage records would help to measure the
effectiveness and long-term impact of the students' participation;
demonstrate the return on investment of the program, by revealing
improved earnings and employability of the participating students and
demonstrate the value of the program and; understand a broader range
of post-secondary pathways followed by Scholars @ Work students and
help program administrators improve and develop new industry
partnerships.

In order to effectively measure these outcomes, DOE would track
program graduate wages and their placements in different industry
sectors over a 3-5 year period following program participation,
ideally against a comparison group of non-program students. Both types
of information are contained in the wage records DOE wants to access
and can be provided to DOE in unidentifiable unit level form.

With this information in hand, policymakers and program providers will
have the best opportunity to make informed decisions about designing,
improving, securing funding for, and benefiting from critically-needed
public workforce programs.

LEGISLATIVE HISTORY: This is a new bill in the Assembly.

FISCAL IMPACT TO THE STATE: None


EFFECTIVE DATE:  This act shall take effect sixty days from the date
of enactment.
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A07911 Text:

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

                                        7911--B

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     June 7, 2013
                                      ___________

       Introduced by M. of A. ROZIC, CAMARA, HEVESI, FAHY, MOYA, ORTIZ, MILLER,
         SKOUFIS,  BRINDISI,  GOLDFEDER,  ESPINAL, BRAUNSTEIN, MOSLEY, SIMOTAS,
         MILLMAN, JACOBS, ROBERTS, CRESPO, MONTESANO, GUNTHER, MORELLE,  RODRI-
         GUEZ,  HEASTIE -- Multi-Sponsored by -- M. of A. CLARK, COOK, DenDEKK-
         ER, MAYER -- read once and referred  to  the  Committee  on  Labor  --
         reported   and  referred  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee -- again reported from said  committee  with  amend-
         ments, ordered reprinted as amended and recommitted to said committee

       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:

    1    Section  1.  Subparagraph  (ii)  of  paragraph  g  of subdivision 3 of
    2  section 537 of the labor law is amended by adding two new clauses 10 and
    3  11 to read as follows:
    4    (10) ANY OTHER FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY, INCLUDING
    5  THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW  YORK,  AND
    6  ANY  OF  THEIR  CONSTITUENT  UNITS,  OR  THE  AGENTS OR CONTRACTORS OF A
    7  GOVERNMENTAL AGENCY, WHERE SUCH INFORMATION IS TO BE USED FOR (A) EVALU-
    8  ATION OF PROGRAM PERFORMANCE, INCLUDING, BUT NOT LIMITED TO,  LONGITUDI-
    9  NAL OUTCOME ANALYSIS OF PROGRAMS (INCLUDING PROGRAMS FUNDED BY PUBLIC OR
   10  PRIVATE  MONEYS  OR  A  COMBINATION  THEREOF) TO THE EXTENT PERMITTED BY
   11  FEDERAL LAW; (B) FINANCIAL OR OTHER ANALYSIS REQUIRED BY FEDERAL, STATE,
   12  OR LOCAL LAW OR REGULATION;  (C)  PREPARATION  OF  REPORTS  REQUIRED  BY
   13  FEDERAL,  STATE,  OR  LOCAL  LAW  OR REGULATION; (D) OPERATION OF PUBLIC
   14  PROGRAMS BY SUCH AGENCIES, THEIR AGENTS, CONTRACTORS AND SUBCONTRACTORS,
   15  WHENEVER THE COMMISSIONER DETERMINES THAT SUCH  INFORMATION  SHARING  IS
   16  FOR THE PURPOSE OF IMPROVING THE QUALITY OR DELIVERY OF PROGRAM SERVICES
   17  OR  TO  CREATE  OPERATIONAL EFFICIENCIES; OR (E) ESTABLISHMENT OF COMMON

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11440-04-3
       A. 7911--B                          2

    1  CASE MANAGEMENT SYSTEMS BETWEEN FEDERAL, STATE, OR LOCAL AGENCIES DELIV-
    2  ERING OR SUPPORTING WORKFORCE SERVICES FOR A SHARED CUSTOMER BASE, WHER-
    3  EVER SUCH COMMON CASE MANAGEMENT SYSTEM IS FOR THE PURPOSE OF  FOSTERING
    4  WORKFORCE   PARTNERSHIPS,  PROGRAM  COORDINATION,  INTER-AGENCY  COLLAB-
    5  ORATION, IMPROVING PROGRAM SERVICES, OR CREATING  OPERATIONAL  EFFICIEN-
    6  CIES.  ANY  REDISCLOSURE OF INFORMATION OBTAINED BY SUCH AGENCIES, THEIR
    7  AGENTS, OR THEIR CONTRACTORS UNDER THIS CLAUSE SHALL BE LIMITED TO TABU-
    8  LATION AND PUBLICATION OF SUCH INFORMATION IN AN AGGREGATED  STATISTICAL
    9  FORM,  EXCEPT  WHEN AN AGENCY, ITS AGENT, ITS CONTRACTOR OR OTHER AGENCY
   10  MUST EXCHANGE SUCH INFORMATION FOR AN AUTHORIZED PURPOSE AS PROVIDED FOR
   11  IN THE WRITTEN AGREEMENT REQUIRED BY 20  CFR  PART  603.  NO  INDIVIDUAL
   12  IDENTIFYING  INFORMATION OBTAINED PURSUANT TO PARAGRAPH D OF SUBDIVISION
   13  ONE OF THIS SECTION SHALL BE REDISCLOSED IN THE COURSE OF THE TABULATION
   14  OR PUBLICATION. AS USED IN THIS CLAUSE, THE TERM "AGGREGATED STATISTICAL
   15  FORM" SHALL MEAN, IN THE CASE OF INFORMATION  REGARDING  INDIVIDUALS,  A
   16  DATA  SET THAT INCLUDES INFORMATION ABOUT NO FEWER THAN TEN INDIVIDUALS,
   17  AND, IN THE CASE OF EMPLOYER  INFORMATION,  A  DATA  SET  THAT  INCLUDES
   18  INFORMATION ABOUT NO FEWER THAN THREE EMPLOYERS, OF WHICH NO ONE EMPLOY-
   19  ER  COMPRISES  MORE THAN EIGHTY PERCENT OF THE AGGREGATED DATA SET. WHEN
   20  THE COMMISSIONER APPROVES A REQUESTED DISCLOSURE OF INFORMATION FOR  THE
   21  PURPOSES  OF  A  LONGITUDINAL  STUDY,  THE COMMISSIONER SHALL ALLOW SUCH
   22  INFORMATION TO BE USED FOR A SPECIFIED PERIOD OF TIME AS PROVIDED FOR IN
   23  THE WRITTEN AGREEMENT REQUIRED BY 20 CFR PART 603.  SUCH  AGREEMENT  MAY
   24  ONLY  PROVIDE FOR INFORMATION TO BE USED FOR A PERIOD OF UP TO TEN YEARS
   25  BUT MAY BE RENEWED FOR ADDITIONAL PERIODS OF TIME.
   26    (11) (A) PURSUANT TO CLAUSE TEN OF THIS SUBPARAGRAPH, THE COMMISSIONER
   27  SHALL ELECTRONICALLY POST IN A PLACE ACCESSIBLE BY  THE  GENERAL  PUBLIC
   28  (I)  THE  MINIMUM  CONDITIONS  FOR  GRANTING A REQUEST FROM GOVERNMENTAL
   29  AGENCIES FOR DISCLOSURE OF INFORMATION, (II) A STANDARD APPLICATION  FOR
   30  SUBMITTING REQUESTS FOR DISCLOSURE OF UNEMPLOYMENT INSURANCE INFORMATION
   31  IN  INDIVIDUALLY  IDENTIFIABLE  FORM  IN  ACCORDANCE WITH PARAGRAPH D OF
   32  SUBDIVISION ONE OF THIS SECTION, IN DE-IDENTIFIED UNIT  LEVEL  FORM,  OR
   33  AGGREGATED STATISTICAL FORM, (III) THE TIMEFRAME FOR INFORMATION REQUEST
   34  DETERMINATIONS  BY  THE  COMMISSIONER,  SUCH THAT WITHIN TWENTY BUSINESS
   35  DAYS OF RECEIVING A REQUEST, THE COMMISSIONER SHALL  EITHER  APPROVE  OR
   36  DENY  THE REQUEST OR ASK FOR ADDITIONAL INFORMATION; WITHIN TWENTY BUSI-
   37  NESS DAYS  OF  RECEIVING  A  REQUEST  FOR  ADDITIONAL  INFORMATION,  THE
   38  REQUESTING  AGENCY SHALL RESPOND TO THE COMMISSIONER, AND; WITHIN THIRTY
   39  CALENDAR DAYS OF RECEIVING THE ADDITIONAL INFORMATION, THE  COMMISSIONER
   40  SHALL  PROVIDE  A  FINAL  APPROVAL  OR  DENIAL  OF THE REQUEST, AND (IV)
   41  CONTACT INFORMATION FOR  ASSISTANCE  WITH  REQUESTS  FOR  DISCLOSURE  OF
   42  INFORMATION.
   43    (B) ANY APPROVAL OR DENIAL PURSUANT TO CLAUSE TEN OF THIS SUBPARAGRAPH
   44  SHALL  BE  IN  WRITING. DENIALS SHALL IDENTIFY THE REASON OR CATEGORY OF
   45  REASON FOR THE DENIAL.
   46    (C) THE COMMISSIONER SHALL ISSUE GUIDELINES REGARDING THE  DEVELOPMENT
   47  OF  AGREEMENTS  WITH  RESPECT TO DISCLOSURES APPROVED PURSUANT TO CLAUSE
   48  TEN OF THIS SUBPARAGRAPH, AND SUCH GUIDELINES SHALL INCLUDE, BUT NOT  BE
   49  LIMITED TO, THE PROCESS AND TIMEFRAME FOR DEVELOPING SUCH AGREEMENTS AND
   50  THE  TERMS  THEREIN  CONSISTENT  WITH  20 CFR PART 603 AND OTHER FEDERAL
   51  REGULATIONS.
   52    S 2. Subdivision 3 of section 537 of  the  labor  law  is  amended  by
   53  adding a new paragraph i to read as follows:
   54    I.  PAYMENT TO THE DEPARTMENT FOR DISCLOSURE OF REQUESTED UNEMPLOYMENT
   55  INSURANCE INFORMATION. (1) EXCEPT AS PERMITTED UNDER APPLICABLE  FEDERAL
   56  LAW  OR  REGULATION, OR AS OTHERWISE AUTHORIZED BY AGREEMENT BETWEEN THE
       A. 7911--B                          3

    1  DEPARTMENT AND THE UNITED STATES DEPARTMENT OF LABOR, FEDERAL  UNEMPLOY-
    2  MENT INSURANCE GRANT FUNDS SHALL NOT BE USED TO PAY FOR ANY OF THE COSTS
    3  INCURRED  BY  THE  DEPARTMENT  IN  PROCESSING AND HANDLING A REQUEST FOR
    4  DISCLOSURE  OF  UNEMPLOYMENT  INFORMATION  MADE UNDER THIS ARTICLE. SUCH
    5  COSTS SHALL BE CALCULATED, COLLECTED, AND ADMINISTERED BY THE DEPARTMENT
    6  CONSISTENT WITH APPLICABLE FEDERAL RULES AND  GUIDELINES  AND  SHALL  BE
    7  PAID IN ADVANCE OF DISCLOSURE TO THE DEPARTMENT BY THE ENTITY REQUESTING
    8  THE  INFORMATION  OR  BY  ANOTHER PARTY ACTING ON BEHALF OF SUCH ENTITY.
    9  WHERE THE RECIPIENT IS A PUBLIC  OFFICIAL,  THE  DEPARTMENT  MAY  ACCEPT
   10  PAYMENT OF COSTS BY WAY OF REIMBURSEMENT.
   11    (2) COSTS PAID UNDER THIS PARAGRAPH SHALL BE INCOME OF THE STATE UNEM-
   12  PLOYMENT INSURANCE PROGRAM AND SHALL ONLY BE USED AS PERMITTED UNDER THE
   13  PROVISIONS OF APPLICABLE FEDERAL REGULATIONS OR GUIDELINES GOVERNING THE
   14  ASSESSMENT AND EXPENDITURE OF SUCH COSTS.
   15    S  3.  This  act  shall take effect on the sixtieth day after it shall
   16  have become a law.
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