Permits the disclosure of unemployment insurance information with public entities for certain purposes.
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
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 1 of the bill would amend § 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 longitudal 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 accessable 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.
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 bus chose to go to college instead. Without access to wage records, DOE cart 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.
This is a new bill in the Senate.
FISCAL IMPACT TO THE STATE:
This act shall take effect sixty days from the date of enactment.
STATE OF NEW YORK ________________________________________________________________________ 5773--A 2013-2014 Regular Sessions IN SENATE June 13, 2013 ___________Introduced by Sen. SAVINO -- 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 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: Section 1. Subparagraph (ii) of paragraph g of subdivision 3 of section 537 of the labor law is amended by adding two new clauses 10 and 11 to read as follows: (10) ANY OTHER FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY, INCLUDING THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, AND ANY OF THEIR CONSTITUENT UNITS, OR THE AGENTS OR CONTRACTORS OF A GOVERNMENTAL AGENCY, WHERE SUCH INFORMATION IS TO BE USED FOR (A) EVALU- ATION OF PROGRAM PERFORMANCE, INCLUDING, BUT NOT LIMITED TO, LONGITUDI- NAL OUTCOME ANALYSIS OF PROGRAMS (INCLUDING PROGRAMS FUNDED BY PUBLIC OR PRIVATE MONEYS OR A COMBINATION THEREOF) TO THE EXTENT PERMITTED BY FEDERAL LAW; (B) FINANCIAL OR OTHER ANALYSIS REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR REGULATION; (C) PREPARATION OF REPORTS REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR REGULATION; (D) OPERATION OF PUBLIC PROGRAMS BY SUCH AGENCIES, THEIR AGENTS, CONTRACTORS AND SUBCONTRACTORS, WHENEVER THE COMMISSIONER DETERMINES THAT SUCH INFORMATION SHARING IS FOR THE PURPOSE OF IMPROVING THE QUALITY OR DELIVERY OF PROGRAM SERVICES OR TO CREATE OPERATIONAL EFFICIENCIES; OR (E) ESTABLISHMENT OF COMMON CASE MANAGEMENT SYSTEMS BETWEEN FEDERAL, STATE, OR LOCAL AGENCIES DELIV- ERING OR SUPPORTING WORKFORCE SERVICES FOR A SHARED CUSTOMER BASE, WHER- EVER SUCH COMMON CASE MANAGEMENT SYSTEM IS FOR THE PURPOSE OF FOSTERING WORKFORCE PARTNERSHIPS, PROGRAM COORDINATION, INTER-AGENCY COLLAB- ORATION, IMPROVING PROGRAM SERVICES, OR CREATING OPERATIONAL EFFICIEN-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11440-05-3 S. 5773--A 2
CIES. ANY REDISCLOSURE OF INFORMATION OBTAINED BY SUCH AGENCIES, THEIR AGENTS, OR THEIR CONTRACTORS UNDER THIS CLAUSE SHALL BE LIMITED TO TABU- LATION AND PUBLICATION OF SUCH INFORMATION IN AN AGGREGATED STATISTICAL FORM, EXCEPT WHEN AN AGENCY, ITS AGENT, ITS CONTRACTOR OR OTHER AGENCY MUST EXCHANGE SUCH INFORMATION FOR AN AUTHORIZED PURPOSE AS PROVIDED FOR IN THE WRITTEN AGREEMENT REQUIRED BY 20 CFR PART 603. NO INDIVIDUAL IDENTIFYING INFORMATION OBTAINED PURSUANT TO PARAGRAPH D OF SUBDIVISION ONE OF THIS SECTION SHALL BE REDISCLOSED IN THE COURSE OF THE TABULATION OR PUBLICATION. AS USED IN THIS CLAUSE, THE TERM "AGGREGATED STATISTICAL FORM" SHALL MEAN, IN THE CASE OF INFORMATION REGARDING INDIVIDUALS, A DATA SET THAT INCLUDES INFORMATION ABOUT NO FEWER THAN TEN INDIVIDUALS, AND, IN THE CASE OF EMPLOYER INFORMATION, A DATA SET THAT INCLUDES INFORMATION ABOUT NO FEWER THAN THREE EMPLOYERS, OF WHICH NO ONE EMPLOY- ER COMPRISES MORE THAN EIGHTY PERCENT OF THE AGGREGATED DATA SET. WHEN THE COMMISSIONER APPROVES A REQUESTED DISCLOSURE OF INFORMATION FOR THE PURPOSES 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 FOR INFORMATION TO BE USED FOR A PERIOD OF UP TO TEN YEARS BUT MAY BE RENEWED FOR ADDITIONAL PERIODS OF TIME. (11) (A) PURSUANT TO CLAUSE TEN OF THIS SUBPARAGRAPH, THE COMMISSIONER SHALL ELECTRONICALLY POST IN A PLACE ACCESSIBLE BY THE GENERAL PUBLIC (I) THE MINIMUM CONDITIONS FOR GRANTING A REQUEST FROM GOVERNMENTAL AGENCIES FOR DISCLOSURE OF INFORMATION, (II) A STANDARD APPLICATION FOR SUBMITTING REQUESTS FOR DISCLOSURE OF UNEMPLOYMENT INSURANCE INFORMATION IN INDIVIDUALLY IDENTIFIABLE FORM IN ACCORDANCE WITH PARAGRAPH D OF SUBDIVISION ONE OF THIS SECTION, IN DE-IDENTIFIED UNIT LEVEL FORM, OR AGGREGATED STATISTICAL FORM, (III) THE TIMEFRAME FOR INFORMATION REQUEST DETERMINATIONS BY THE COMMISSIONER, SUCH THAT WITHIN TWENTY BUSINESS DAYS OF RECEIVING A REQUEST, THE COMMISSIONER SHALL EITHER APPROVE OR DENY THE REQUEST OR ASK FOR ADDITIONAL INFORMATION; WITHIN TWENTY BUSI- NESS DAYS OF RECEIVING A REQUEST FOR ADDITIONAL INFORMATION, THE REQUESTING AGENCY SHALL RESPOND TO THE COMMISSIONER, AND; WITHIN THIRTY CALENDAR DAYS OF RECEIVING THE ADDITIONAL INFORMATION, THE COMMISSIONER SHALL PROVIDE A FINAL APPROVAL OR DENIAL OF THE REQUEST, AND (IV) CONTACT INFORMATION FOR ASSISTANCE WITH REQUESTS FOR DISCLOSURE OF INFORMATION. (B) ANY APPROVAL OR DENIAL PURSUANT TO CLAUSE TEN OF THIS SUBPARAGRAPH SHALL BE IN WRITING. DENIALS SHALL IDENTIFY THE REASON OR CATEGORY OF REASON FOR THE DENIAL. (C) THE COMMISSIONER SHALL ISSUE GUIDELINES REGARDING THE DEVELOPMENT OF AGREEMENTS WITH RESPECT TO DISCLOSURES APPROVED PURSUANT TO CLAUSE TEN OF THIS SUBPARAGRAPH, AND SUCH GUIDELINES SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PROCESS AND TIMEFRAME FOR DEVELOPING SUCH AGREEMENTS AND THE TERMS THEREIN CONSISTENT WITH 20 CFR PART 603 AND OTHER FEDERAL REGULATIONS. S 2. Subdivision 3 of section 537 of the labor law is amended by adding a new paragraph i to read as follows: I. PAYMENT TO THE DEPARTMENT FOR DISCLOSURE OF REQUESTED UNEMPLOYMENT INSURANCE INFORMATION. (1) EXCEPT AS PERMITTED UNDER APPLICABLE FEDERAL LAW OR REGULATION, OR AS OTHERWISE AUTHORIZED BY AGREEMENT BETWEEN THE DEPARTMENT AND THE UNITED STATES DEPARTMENT OF LABOR, FEDERAL UNEMPLOY- MENT INSURANCE GRANT FUNDS SHALL NOT BE USED TO PAY FOR ANY OF THE COSTS INCURRED BY THE DEPARTMENT IN PROCESSING AND HANDLING A REQUEST FOR DISCLOSURE OF UNEMPLOYMENT INFORMATION MADE UNDER THIS ARTICLE. SUCH COSTS SHALL BE CALCULATED, COLLECTED, AND ADMINISTERED BY THE DEPARTMENTS. 5773--A 3
CONSISTENT WITH APPLICABLE FEDERAL RULES AND GUIDELINES AND SHALL BE PAID IN ADVANCE OF DISCLOSURE TO THE DEPARTMENT BY THE ENTITY REQUESTING THE INFORMATION OR BY ANOTHER PARTY ACTING ON BEHALF OF SUCH ENTITY. WHERE THE RECIPIENT IS A PUBLIC OFFICIAL, THE DEPARTMENT MAY ACCEPT PAYMENT OF COSTS BY WAY OF REIMBURSEMENT. (2) COSTS PAID UNDER THIS PARAGRAPH SHALL BE INCOME OF THE STATE UNEM- PLOYMENT INSURANCE PROGRAM AND SHALL ONLY BE USED AS PERMITTED UNDER THE PROVISIONS OF APPLICABLE FEDERAL REGULATIONS OR GUIDELINES GOVERNING THE ASSESSMENT AND EXPENDITURE OF SUCH COSTS. S 3. This act shall take effect on the sixtieth day after it shall have become a law.