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A03451 Summary:

BILL NOA03451
 
SAME ASNo Same As
 
SPONSORBronson
 
COSPNSRColton
 
MLTSPNSR
 
Add §45, Lab L
 
Relates to the establishment of a wage data clearinghouse.
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A03451 Actions:

BILL NOA03451
 
01/27/2025referred to labor
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A03451 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3451
 
SPONSOR: Bronson
  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: Require 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.workforce 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 S. 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: A359 of 2023-24: referred to Labor A2542 of 2021-22: referred to ways and means; A1056 of 2019-20: referred to ways and means; A9933 of 2015-16: passed the Assembly; A2164 of 2017-18: passed the Assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Subject to available appropriations.   EFFECTIVE DATE: Immediately.
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A03451 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3451
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2025
                                       ___________
 
        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:

     1    Section 1. The labor law is amended by adding a new section 45 to read
     2  as follows:
     3    § 45. Wage data clearinghouse. 1.  The commissioner, subject to avail-
     4  able appropriations and in consultation with  the  commissioner  of  the
     5  education  department  and  the  state workforce investment board, shall
     6  establish a wage data clearinghouse.   The  purpose  of  the  wage  data
     7  clearinghouse  shall  be  to use existing unemployment insurance data as
     8  described in section five hundred thirty-seven of this chapter and other
     9  available labor, education and workforce development  data  to  evaluate
    10  the  long-term  effectiveness  of  workforce  development  and education
    11  programs and to identify  gaps  in  the  availability  of  existing  and
    12  proposed  workforce  development  training  to meet employment needs, in
    13  addition, the clearinghouse shall conduct any other research it  identi-
    14  fies  as  contributing to increasing the attainment of long-term employ-
    15  ment of residents of this state, especially those who are unemployed  or
    16  underemployed.
    17    2.  The  wage  data clearinghouse shall be administered by an academic
    18  institution in the state of New York with proven expertise in  analyzing
    19  labor  data  and  shall be selected by the commissioner, in consultation
    20  with the commissioner of the education department and  the  state  work-
    21  force  investment board, through a request for proposals process. Crite-
    22  ria shall include, but not be limited to, the  demonstrated  ability  of
    23  the  chosen  institution  to  analyze  unemployment  insurance  and wage
    24  reporting data and to leverage and attract federal funds and non-govern-
    25  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.
                                                                   LBD05939-01-5

        A. 3451                             2
 
     1  selected academic institution for operating a wage data clearinghouse of
     2  up  to  six  hundred  thousand  dollars, subject to appropriation.   Any
     3  unused allocation may be made available in the subsequent fiscal year.
     4    3.  The  department shall provide the wage data clearinghouse with all
     5  state and federal unemployment insurance and wage and employment related
     6  data it has available, including but not limited to unemployment  insur-
     7  ance  data  as  described  in  section five hundred thirty-seven of this
     8  chapter. All disclosure requirements specified in section  five  hundred
     9  thirty-seven  of this chapter shall apply to all wage data clearinghouse
    10  employees working with the data.
    11    4. A statewide wage data clearinghouse advisory board is hereby estab-
    12  lished for the purpose of determining statewide objectives and the  wage
    13  data  clearinghouse's research and evaluation priorities after consulta-
    14  tion with the director of the wage data  clearinghouse.    The  advisory
    15  board  shall appoint a director with expertise in large data systems and
    16  data security with preference given to a candidate  who  has  experience
    17  with workforce development. Such director shall receive an annual salary
    18  within  amounts  appropriated.   (a) The advisory board shall consist of
    19  twelve members, including: the chancellor of the state university of New
    20  York, or such chancellor's  designee;  the  commissioner  of  the  state
    21  education  department, or such commissioner's designee; the commissioner
    22  of the state department of labor,  or  the  commissioner's  designee;  a
    23  representative of superintendents of schools, appointed by the governor;
    24  a  representative of a district superintendents of schools, appointed by
    25  the governor; a representative of community colleges, appointed  by  the
    26  governor;  and,  six members of the public, including three appointed by
    27  the speaker of the assembly and three appointed  by  the  president  pro
    28  tempore  of  the senate.  The public members of the advisory board shall
    29  have expertise in large data systems and data security, workforce devel-
    30  opment programs, economic development, business management and/or organ-
    31  ized labor. (b) The members of  the  advisory  board  shall  receive  no
    32  compensation  for  their services, but shall be allowed their actual and
    33  necessary expenses incurred in the performance of their duties  pursuant
    34  to this section, subject to the approval of the department. (c) Advisory
    35  board  members who represent state agencies shall be appointed for terms
    36  of three years, and members who represent local governments shall  serve
    37  terms  of  two  years  and  all  other members shall serve terms of four
    38  years. Vacancies shall be filled in the same manner as original appoint-
    39  ments for the remainder  of  the  unexpired  term.  (d)  Advisory  board
    40  members  shall  each  be granted voting rights and will together elect a
    41  chair whose designation shall be  made  bi-annually.  (e)  The  advisory
    42  board  shall  meet  at such times and places as may be determined by its
    43  chair. The advisory board shall meet at a minimum of six  times  in  the
    44  first  year  and a minimum of three times per year thereafter. All meet-
    45  ings shall be open to the public pursuant to article seven of the public
    46  officers law. A majority of the members of such council shall constitute
    47  a quorum for the transaction of business.  (f) After  consultation  with
    48  the  director,  the  advisory  board  shall discuss and vote on research
    49  priorities and topics for the clearinghouse that do  not  duplicate  any
    50  research  or  statistics the department undertakes and that focus on the
    51  need of the users of the analysis, which  are  state  and  local  policy
    52  makers,  educational  entities,  workforce  development providers, busi-
    53  nesses, and economic development administrators.
    54    5. The wage data clearinghouse shall use unemployment  insurance  data
    55  as  described  in  section  five  hundred  thirty-seven  of this chapter
    56  provided by the department  and  any  other  data  sets  including  data

        A. 3451                             3
 
     1  provided  by state, federal or local agencies it deems appropriate.  The
     2  clearinghouse shall keep private and safeguard any personally  identifi-
     3  able  information  it  obtains and shall not release such information to
     4  any  other  party,  and  shall  use  any  data it obtains solely for the
     5  purpose of furthering the  effectiveness  and  efficiency  of  workforce
     6  development efforts as provided in this section.
     7    6.  The  wage  data clearinghouse shall release reports and aggregated
     8  data to the department,  which  shall  be  posted  on  the  department's
     9  website as well as on any website maintained by the clearinghouse.
    10    7.  One  year  after  selection  of the academic institution that will
    11  serve as the clearinghouse, the department shall submit to the  director
    12  of  the  budget, the chair of the senate finance committee, the chair of
    13  the assembly ways and means committee, the chairs of senate and assembly
    14  labor committees, the speaker of the assembly,  and  the  president  pro
    15  tempore  of  the  senate,  an evaluation of this program prepared by the
    16  department. Such evaluation shall be submitted every four  years  there-
    17  after.
    18    § 2. This act shall take effect immediately.
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