STATE OF NEW YORK
________________________________________________________________________
5363--B
2017-2018 Regular Sessions
IN SENATE
March 23, 2017
___________
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Labor in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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 44 to read
2 as follows:
3 § 44. 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07591-12-8
S. 5363--B 2
1 ria shall include, but not be limited to, the demonstrated ability of
2 the chosen institution to analyze unemployment insurance and wage
3 reporting data and to leverage and attract federal funds and non-govern-
4 mental funds. The commissioner is authorized to provide funding to a
5 selected academic institution for operating a wage data clearinghouse of
6 up to six hundred thousand dollars, subject to appropriation. Any
7 unused allocation may be made available in the subsequent fiscal year.
8 3. The department shall provide the wage data clearinghouse with all
9 state and federal unemployment insurance and wage and employment related
10 data it has available, including but not limited to unemployment insur-
11 ance data as described in section five hundred thirty-seven of this
12 chapter. All disclosure requirements specified in section five hundred
13 thirty-seven of this chapter shall apply to all wage data clearinghouse
14 employees working with the data.
15 4. A statewide wage data clearinghouse advisory board is hereby estab-
16 lished for the purpose of determining statewide objectives and the wage
17 data clearinghouse's research and evaluation priorities after consulta-
18 tion with the director of the wage data clearinghouse. The advisory
19 board shall appoint a director with expertise in large data systems and
20 data security with preference given to a candidate who has experience
21 with workforce development. Such director shall receive an annual salary
22 within amounts appropriated. (a) The advisory board shall consist of
23 twelve members, including: the chancellor of the state university of New
24 York, or such chancellor's designee; the commissioner of the state
25 education department, or such commissioner's designee; the commissioner
26 of the state department of labor, or the commissioner's designee; a
27 representative of superintendents of schools, appointed by the governor;
28 a representative of a district superintendents of schools, appointed by
29 the governor; a representative of community colleges, appointed by the
30 governor; and, six members of the public, including three appointed by
31 the speaker of the assembly and three appointed by the president pro
32 tempore of the senate. The public members of the advisory board shall
33 have expertise in large data systems and data security, workforce devel-
34 opment programs, economic development, business management and/or organ-
35 ized labor. (b) The members of the advisory board shall receive no
36 compensation for their services, but shall be allowed their actual and
37 necessary expenses incurred in the performance of their duties pursuant
38 to this section, subject to the approval of the department. (c) Advisory
39 board members who represent state agencies shall be appointed for terms
40 of three years, and members who represent local governments shall serve
41 terms of two years and all other members shall serve terms of four
42 years. Vacancies shall be filled in the same manner as original appoint-
43 ments for the remainder of the unexpired term. (d) Advisory board
44 members shall each be granted voting rights and will together elect a
45 chair whose designation shall be made bi-annually. (e) The advisory
46 board shall meet at such times and places as may be determined by its
47 chair. The advisory board shall meet at a minimum of six times in the
48 first year and a minimum of three times per year thereafter. All meet-
49 ings shall be open to the public pursuant to article seven of the public
50 officers law. A majority of the members of such council shall constitute
51 a quorum for the transaction of business. (f) After consultation with
52 the director, the advisory board shall discuss and vote on research
53 priorities and topics for the clearinghouse that do not duplicate any
54 research or statistics the department undertakes and that focus on the
55 need of the users of the analysis, which are state and local policy
S. 5363--B 3
1 makers, educational entities, workforce development providers, busi-
2 nesses, and economic development administrators.
3 5. The wage data clearinghouse shall use unemployment insurance data
4 as described in section five hundred thirty-seven of this chapter
5 provided by the department and any other data sets including data
6 provided by state, federal or local agencies it deems appropriate. The
7 clearinghouse shall keep private and safeguard any personally identifi-
8 able information it obtains and shall not release such information to
9 any other party, and shall use any data it obtains solely for the
10 purpose of furthering the effectiveness and efficiency of workforce
11 development efforts as provided in this section.
12 6. The wage data clearinghouse shall release reports and aggregated
13 data to the department, which shall be posted on the department's
14 website as well as on any website maintained by the clearinghouse.
15 7. One year after selection of the academic institution that will
16 serve as the clearinghouse, the department shall submit to the director
17 of the budget, the chair of the senate finance committee, the chair of
18 the assembly ways and means committee, the chairs of senate and assembly
19 labor committees, the speaker of the assembly, and the president pro
20 tempore of the senate, an evaluation of this program prepared by the
21 department. Such evaluation shall be submitted every four years there-
22 after.
23 § 2. This act shall take effect immediately.