senate Bill S3966

Relates to the sharing of unemployment insurance information with public entities for certain authorized purposes

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 10 / Mar / 2011
    • REFERRED TO LABOR
  • 13 / Apr / 2011
    • 1ST REPORT CAL.397
  • 02 / May / 2011
    • 2ND REPORT CAL.
  • 03 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO LABOR

Summary

Relation to the sharing of unemployment insurance information with public entities for certain authorized purposes.

do you support this bill?

Bill Details

Versions:
S3966
Legislative Cycle:
2011-2012
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §537, Lab L; amd §171-h, Tax L

Votes

11
3
11
Aye
3
Nay
0
aye with reservations
0
absent
2
excused
0
abstained
show Labor committee vote details

Sponsor Memo

BILL NUMBER:S3966

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; and to amend the tax law, in relation to the national and state
directory of new hires

PURPOSE OF BILL:

This bill would amend Labor Law § 537 to expand the purposes for which
unemployment insurance information may be shared with federal, state,
and local governmental entities in order to conduct certain
enumerated activities and to improve efficiency, delivery and
performance of public programs. The bill also makes the current
statute easier to understand by eliminating redundant language and
creating authorizations for disclosure of information applicable to
multiple entities, instead of separately enumerating each entity to
which access is granted. With the exception of information being
shared with the United States Department of Labor (USDOL) in
connection with the operation of federal programs and information
shared by statutory mandate, the bill imposes restrictions on access,
use and disclosure of the information in order to ensure its
confidentiality. Finally, the bill recognizes the Department's
federal obligation to recoup costs associated with sharing
unemployment insurance information, unless such costs are nominal or
the Department realizes a reciprocal benefit.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend the heading of Labor Law § 537 to
clarify its subject matter by deleting the current heading and
replacing it with a new heading that would read "Disclosure of
unemployment insurance information."

Section 2 of the bill would amend several paragraphs of Labor Law
§537(1).
Paragraph a of subdivision 1 is amended to clarify that the
information to be disclosed under Section 537 would relate to the
state unemployment insurance program. Paragraph b of subdivision 1 is
amended to correct a reference to another part of Section 537 and to
delete unnecessary language regarding the sharing of information
dealing with placement. Paragraph c of subdivision 1 is amended to
reorganize subparagraph (i) into subparagraphs (i), (ii), and (iii)
to clarify that the provision relates to information acquired from an
employer or an individual pursuant to the Department's administration
of the unemployment insurance program. Current subparagraph (ii) is
deleted because it contains unnecessary language about access to wage
reporting information already included within the term "unemployment
insurance information" and this section as amended will provide for
specific access to unemployment insurance information.
Paragraph d of subdivision 1 is amended to clarify that this paragraph
relates to the
disclosure of unemployment insurance information upon informed consent


to agents or third parties on behalf of an individual or employer.
Changes made to language regarding informed consent are intended to
clarify that consent, rather than a release, is required, Also,
subparagraphs (iv), (v) and (vi) are added to paragraph d of
subdivision 1. Subparagraph (iv) provides that a properly executed
power of attorney form developed by the Department to authorize an
individual to act as an employer representative in matters related to
the administration of the unemployment insurance program shall
constitute informed consent for purposes of this section.
Subparagraph (v) is added to provide that a letter or other written
communication from an elected official received on official
letterhead or transmitted through an official electronic mail address
in connection with providing services to a constituent shall
constitute informed consent for the purposes of this section.
Subparagraph (vi) is added to provide that a letter or other written
communication from an attorney provided on firm letterhead in which
the attorney asserts that he or she is representing an employer or
individual in a matter related to the Department's implementation of
the unemployment insurance program shall constitute informed consent
for purposes of this section; for all other matters, the attorney
will need to provide an informed consent. Finally, paragraph e of
subdivision 1 is deleted since it relates to funding for disclosure
of requested unemployment insurance information and the funding
provisions are now set forth in a new subdivision 6 of Section 537.

Section 3 of the bill would amend subdivision 2 of section 537 of the
Labor Law by renumbering current subdivision 2 as new subdivision 8
and adding a new subdivision 2. The new subdivision requires that the
Commissioner report to the appropriate agency of the United States
(USDOL) on the effect and administration of the unemployment insurance
program in the manner prescribed by such agency and that he or she
make unemployment insurance information available, upon request, to
any federal, state or local agency entitled to such information under
the Social Security Act or any other federal law in the manner
prescribed by such federal law or its implementing regulations and 20
CFR Part 603. The new subdivision 2 would also provide that nothing
in the subdivision shall prohibit the Department from disclosing to
the State Directory of New Hires wage and unemployment compensation
information as may be necessary to allow that State Directory to
comply with Tax Law § 171-h. Finally, new subdivision 2 would provide
that the Department be reimbursed for the cost of providing such
information, as required by federal regulation and the Department's
grant with the USDOL for the administration of the unemployment
insurance program.

Section 4 of the bill would amend Labor Law § 537(3), to change its
heading to indicate that the subdivision sets forth exceptions to
non-disclosure provisions.
Paragraph a of subdivision 3 is amended to clarify that, upon written
request, and at his or her sole discretion, the Commissioner may
disclose unemployment insurance information for purposes explained
in paragraph b of subdivision 3 of Section 537. All disclosures set
forth in paragraph b would be subject to three requirements. The
first requirement is that disclosure only be made pursuant to the
terms of a written agreement between the Department and the
requesting entity; that the terms of said agreement be consistent
with 20 CFR Pat1 603, a federal rule dealing with confidentiality and


disclosure of state unemployment insurance compensation information,
and with any other applicable
federal and state laws and regulations; that the terms of said
agreement include provisions requiring that unemployment insurance
information be disclosed after the requesting entity has demonstrated
to the Commissioner's satisfaction that the shared information will
be used only for the purpose(s) for which it was requested, will be
kept confidential, and will not be disclosed to third parties in
individually identifiable form unless express permission to do so has
been set out in said agreement; that the requesting agency have
security safeguards in place to assure appropriate use and prevent
unauthorized disclosure of the shared information; and that the
requesting agency monitor, to the Commissioner's satisfaction,
compliance with these safeguards. The second requirement is that
disclosure only be made subject to provisions requiring reimbursement
of costs associated with such disclosure. The third requirement is
that re-disclosure of unemployment insurance information to a
requesting entity's agent, contractor or subcontractor be allowed
solely at the Commissioner's discretion after the requesting entity
has shown to the Commissioner's satisfaction that such agent,
contractor, or subcontractor will, by separate written agreement,
be subject to all limitations on use and disclosure set forth in
the written agreement required by subparagraph (i) of subdivision 3
and that compliance by the agent, contractor or subcontractor would
be monitored by the requesting entity.

Section 4 of the bill also adds a new paragraph b to subdivision 3
that sets forth an introductory explanation that the Commissioner may
disclose unemployment insurance information to specified entities for
certain purposes, subject to the three requirements set forth in
paragraph a of subdivision 3. Thirteen subparagraphs (i - xiii) would
be added to paragraph b to specify entities to which disclosure is
permitted for certain specified purposes. These thirteen
subparagraphs incorporate provisions authorizing disclosure to
certain entities that are currently set forth in paragraphs a through
h of subdivision 3, using or deleting portions of existing text
therefrom, and adding new text. All requesting entities that
presently are permitted disclosure of unemployment insurance
information would continue to be permitted disclosure, subject to the
conditions on disclosure set forth in Section 537.

* Subparagraph (i) would permit the disclosure of unemployment
insurance information to the Chief Administrator of the Courts for
the sole purpose of integration of the information into lists of
prospective jurors; the information disclosed would consist of the
names and addresses of those residing within the State and receiving
unemployment insurance benefits and any other information deemed
necessary by the Commissioner.

* Subparagraph (ii) would permit the disclosure of certain
unemployment insurance information to the secretary of health and
human services or the appropriate state agency for the purposes of the
National Director of New Hires.

* Subparagraph (iii) would permit the disclosure of certain
unemployment insurance information to the secretary of health and


human services or the appropriate state agency for the purposes of
carrying out child support enforcement programs.

* Subparagraph (iv) would permit disclosure to the State Directory of
New Hires and the Office of Temporary and Disability Assistance to
disseminate to
support collection units designated by social service districts or
their duly authorized agents.

* Subparagraph (v) would permit disclosure to the U.s. Census Bureau
for statistical analyses related to population and employment
measurements and trends.

* Subparagraph (vi) would permit disclosure to any federal, state or
local agency in the investigation or prosecution of fraud relating to
public programs, misuse of public funds, or investigation or
prosecution of identity theft in connection with the operation of
public programs; in response to a judicial order or grand jury
subpoena; to any state or local governmental entity for the purpose
of public protection, including, but not limited to, disclosure to
law enforcement agencies in connection with the investigation or
prosecution of alleged criminal conduct; and to public safety
agencies in connection with emergency management or response.
· Subparagraph (vii) would permit disclosure to any state or U.S.
territorial workforce agency, local workforce investment board and
its agents, and one stop operating partner receiving funds under the
Workforce Investment Act of 1998 for program performance purposes and
other purposes authorized by the Commissioner.

* Subparagraph (viii) would permit disclosure to the U.S Department of
Labor or its agents, as required by law, or in connection with the
requirements imposed as a result of receiving federal administrative
funding other than funding for the unemployment insurance program.

* Subparagraph (ix) would permit disclosure to any federal, state, or
local governmental entity for evaluation of program performance, as
required by federal, state, or local law or regulation, including,
but not limited to, customer tracking needed for long-term or
longitudinal outcome analysis;
financial or other analysis required by federal, state or local law or
regulation;
preparation of reports required by federal, state or local law or
regulation;
operation of public programs whenever the commissioner determines that
information sharing is needed to improve the quality or delivery of
program services or to create operational efficiencies; and for the
establishment of a common case-management system with other state or
local entities delivering or supporting workforce services for a
shared customer base, wherever the Commissioner determines that such
common case-management system is needed to foster workforce
partnerships, program coordination or inter-agency collaboration, to
improve program services, or to create operational efficiencies.

* Subparagraph (x) would permit disclosure of information to the
Workers' Compensation Board, the State Insurance Fund and the State
Insurance Department in order to determine compliance with coverage
of workers' compensation and disability insurance, and, as to the


Workers' Compensation Board, to determine eligibility for workers'
compensation benefits.

* Subparagraph (xi) would permit disclosure to the Office of Temporary
and Disability Assistance (OTDA) and local social services districts
to establish or verify the income and eligibility of applicants for,
or recipients of, benefits
under state public assistance and care programs, and this information
shall not be re-disclosed by OTDA, except to the Department of
Health, the Office of Children and Family Services, and local social
services districts for purposes of establishing or verifying the
income and eligibility of applicants for, or recipients of, benefits
under state public assistance and care programs.

* Subparagraph (xii) would permit disclosure to the New York City
Comptroller for the purpose of establishing New York City prevailing
wage rates.

* Subparagraph (xiii) would permit disclosure to federal, state or
local officials when, in the judgment of the Commissioner, such
officials have made a showing of need for such information based upon
compelling circumstances affecting the health and safety of an
individual.

* Subparagraph (xiv) would permit disclosure to the New York State
Comptroller for purposes associated with the performance of his or
her statutory and constitutional responsibilities related to the
administration of the unemployment insurance program.

* Subparagraph (xv) would permit disclosure to Department contractors,
subcontractors or agents as the Commissioner deems necessary to carry
out its statutory functions; such disclosure must be consistent with
the authorized purposes described in Subdivision four of this Section
and applicable federal regulations, guidelines, and policies.

Section 5 of the bill would add a new subdivision 6 to Labor Law § 537
to address reimbursement of costs incurred by the Department
associated with disclosure of requested unemployment insurance
information. As noted above, language contained in this section has
been moved from paragraph e of subdivision 1. New subdivision 6 also
requires that notwithstanding other provisions of subdivision 6,
costs associated with disclosure of unemployment insurance
information by the Department pursuant to the terms of Section 537
may be waived if they do not involve more than an incidental amount
of staff time and no more than nominal processing costs or where the
Department has in place a reciprocal cost agreement or arrangement
with the entity to whom the information is disclosed.

Section 6 of the bill would amend Labor Law § 537(7) to require the
Department to notify all employers that information obtained from the
Department of Taxation and Finance and/or unemployment insurance
information collected in connection with the Department's
administration of the unemployment insurance program may be used to
evaluate program effectiveness or for other official purposes.


Section 7 of the bill would amend paragraph g of subdivision 4 of
section 171-h of the Tax Law § 171-h(4)(g) to make it consistent with
the revisions of Section 537 proposed in this legislation.

Section 8 of the bill would provide for an immediate effective date.

EXISTING LAW:

Labor Law § 537 prohibits disclosure of information obtained from
employers and claimants in connection with the Department's
administration and operation of the unemployment insurance system
except under limited circumstances and provided that safeguards are
implemented to protect the confidentiality of such information.

Labor Law § 537(1)(a)(i) defines unemployment insurance information as
information in the records of the Department pertaining to the
administration of Article 18, including information obtained by the
Department from employers and employees;
also included in this definition is wage reporting information
obtained from the Department of Tax and Finance, as well as
information in the State Directory of New Hires.

Labor Law § 537(1)(b) treats the use of unemployment information and
requires that it be for the exclusive use and information of the
Commissioner in the discharge of his or her duties, not be open or
used in a court proceeding unless the Commissioner is a party or the
proceeding involves the disclosure of information pursuant to
subdivision 3, paragraph g. Such information also shall be available
to parties to a claim for benefit adjudication and in connection with
effecting placement.

Labor Law Sections 537(1)(c) and (d) authorize limited disclosure of
unemployment insurance information acquired from an individual or
employer.
Paragraph c provides for disclosure to a requestor of the requestor's
own information upon provision of written authorization to act, while
subparagraph (ii) of paragraph c of subdivision 1 also permits
limited disclosure of wage reporting information. Paragraph d permits
disclosure to an agent or third party based upon informed consent.

Labor Law § 537(1)(e) provides that unemployment insurance grant funds
may not be used to pay for the costs of such disclosure.

Labor Law § 537(3)(a) through (g) set out the exceptions to the
prohibition on disclosure. Paragraph a permits disclosure under
federal law; paragraph b permits disclosure for the purpose of the
creation of lists of potential jurors; paragraph c permits disclosure
for the National Directory of New Hires; paragraph d permits
disclosure for the collection of child support; paragraph e permits
disclosure for the State Directory of New Hires; paragraph f permits
disclosure for the National Census Bureau; subparagraph (i) of
paragraph g permits disclosure of unemployment insurance information
to certain federal, state, and local agencies, under the terms of a
written agreement in a form determined by the Commissioner and
consistent with 20 CFR 603 and other federal regulations and provided
that the confidentiality of the information be maintained, except for
those purposes for which it was provided to the requesting agency,


and provided that the requesting agency have security safeguards
preventing unauthorized disclosure of the information; and
subparagraph (ii) of paragraph g, provides that unemployment
insurance information may be disclosed in relation to investigation
of fraud or misuse of public
funds; to certain workforce agencies, local workforce investment
boards and their agents, and one-stop operating partners for program
performance and other programmatic purposes authorized by the
Commissioner, to the US Department of Labor or its agents, as
required by law or the requirements of receipt of federal
administrative funding, and to state and local economic development
agencies where such information is necessary to carry out the
statutory functions of such agencies. Re-disclosure of information
obtained by such agencies is limited to tabulation and publication in
an aggregated statistical form;
no individual identifying information may be re-disclosed in the
course of the tabulation or publication. Unemployment insurance
information also may be shared with Workers' Compensation Board, the
State Insurance Fund and the State Insurance Department to determine
compliance with the coverage of workers' compensation and disability
insurance and eligibility for workers' compensation benefits.
Unemployment insurance information also may be disclosed to federal,
state, or local law enforcement agencies in accordance with a proper
judicial order or grand jury subpoena served upon the Department, and
with the Office of Temporary and Disability Assistance or local
social services districts to establish or verify public assistance
applicant income and eligibility.
This subparagraph also permits unemployment insurance information
sharing with the Office of Vocational and Educational Services and
the Commission for the Blind and Visually Handicapped. Finally, the
subparagraph permits disclosure to Department contractors,
subcontractors or agents, consistent with authorized purposes and
applicable federal regulations, guidelines and policies.

Labor Law § 537(7) requires the Department to notify applicants to,
and participants in, employment security and training programs for
which the Department has reporting, monitoring, or evaluating
responsibilities that information obtained from the Department of
Taxation and Finance may be used to evaluate program effectiveness
for a period of up to ten years after the later of such application
or participation.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

The current language of Labor Law § 537 can be confusing in that the
section has been modified in piecemeal fashion as various entities
have approached the Department to request access to unemployment
insurance information. The current language is, as a result,
confusing and hard to follow. Streamlining the provisions that set
forth the conditions under which unemployment information may be
disclosed while also consolidating or eliminating provisions that are
repetitive or redundant will facilitate understanding of this section
of the Labor Law. At the same time, this proposed bill will


underscore the importance of maintaining the confidentiality of
information shared and will continue to prohibit the use of federal
unemployment grant moneys to pay for the costs of disclosing
unemployment insurance information, in accordance with federal
regulations, while clarifying the requirement that the Department's
costs in retrieving and sharing unemployment insurance information be
reimbursed except where such
disclosure provides the Department with a reciprocal benefit or where
such costs are negligible.

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 unemployment insurance
grant funds cannot be used to pay for any of the costs incurred by
the Department in processing and handling requests for disclosure of
unemployment insurance information made under Section 537 (including
start-up costs), or for administering such requests or monitoring
compliance with disclosure confidentiality provisions. The costs must
be calculated, collected and administered by the Department
consistent with federal rules and regulations and paid in advance of
disclosure. If the recipient is a public official, the Department may
accept payment by way of reimbursement. Failure to collect such
payments would put the Department's grant for operation of the
unemployment insurance program in jeopardy since the program would be
out of compliance with federal regulations. Since the bill expands
potential areas of disclosure to include sharing of information that
would facilitate program efficiency through common case management
systems and other uses that will enhance program performance and
efficiency, covering the costs of obtaining such
data, should be a small investment in data sharing that will
eventually result in savings far larger than the costs.

The provision regarding disclosure to any federal, state or local
governmental entity for evaluation of program performance, as
required by federal, state, or local law or regulation addresses
requests for unemployment insurance information made by numerous
agencies at the federal, state, and local level over the past several
years. This would include, but not be limited to, customer tracking
needed for long-term or longitudinal outcome analysis; financial or
other analysis required by federal, state or local law or regulation;
preparation of reports required by federal, state or local law or
regulation; program operations, where the information is needed to
improve service delivery and operational efficiencies; and the
establishment of a common case management system with other state or
local entities delivering or supporting workforce services for a
shared customer base. Access to the information provided under this
bill would allow for more meaningful program evaluation, particularly
with regard to longitudinal analysis of clients, will address data
sharing needs associated with the state's Race to the Top grant, and
will facilitate development of shared case management systems by
agencies with a common customer base. These efforts
foster cooperation among state agencies and support the State's
goal of making its agencies more accountable, efficient, and run in a
cost-effective manner.

Law enforcement agencies frequently contact the Department to request
unemployment insurance information for purposes of various criminal


investigations; due to confidentiality restrictions, the Department
cannot always release information in response to these requests. This
bill would allow the Department to release unemployment insurance
information without the need for service of a judicial order or grand
jury subpoena upon a showing of need by the law enforcement agency.
At the same time, the bill would authorize the release of
unemployment insurance information
in connection with the investigation and prosecution of identity
theft. This is an area of law enforcement that is of particular
interest to the claimants and employers involved with the UI system.
The Department often hears of individuals who have given another
person's social security numbers to their employers; this misuse of
the SSN surfaces when the rightful owner of the SSN tries to claim
unemployment insurance and is identified as employed or when the
individual is found liable for taxes associated with a UI claim that
is not theirs. Current language of Section 537 prohibits the
Department from sharing information that would be useful to the
investigation and prosecution of such incidents.

The bill also would allow the Department to share information with
other officials for uses associated with protection of public safety
or where there has been a showing that the information is needed to
protect the health and welfare of a particular individual. For
example, the Department received a request from a local police
department wanting to do a health-and-welfare check on an individual
with certain mental health issues who had not contacted his parents
for an extended period of time.
Efforts to locate him at his residence were unsuccessful as he had
been evicted and police wanted to know if he was working so that they
could attempt to locate him there. Under current law, the Department
was foreclosed from being able to assist the police with this inquiry
without specific consent of the employer whose information was being
disclosed.
This bill would not require such consent under these circumstances.

Changes to the statute allowing additional or broader disclosure of
unemployment insurance information to state and local agencies
support legitimate governmental needs. At the same time, however, the
bill underscores the confidentiality protections that apply to such
data sharing and includes specific requirements with regard to
protecting such information including restrictions on use and
disclosure, use of consent forms, notice to individuals providing
information to the UI system, and cost sharing that will facilitate
meaningful monitoring of data use.

Lastly, although the bill would no longer specifically authorize
disclosure to the Office of Vocational and Educational Services and
the Commission for the Blind and Visually Handicapped, these agencies
will continue to be able to request disclosure of unemployment
insurance information under the broader provisions proposed in this
legislation.

BUDGET IMPLICATIONS:

Federal regulations do not permit the Department to use federal grant
moneys to cover the Department's costs for sharing unemployment
insurance information, unless such costs are nominal or there is a


reciprocal benefit to the Department. ·The ability to charge
requesting agencies for the costs of processing and handling requests
for disclosure of unemployment insurance information and for
administration and monitoring of the protection of the
confidentiality of such information will defray the costs associated
with providing such information and with monitoring compliance with
the confidentiality restrictions on such disclosure. Although it is
not possible to estimate the cost to State agencies and other
entities that may request access to such information, it is expected
to be minimal. No fiscal impact on the Department of Labor is
anticipated because the Department would be required to be reimbursed
for any unemployment insurance information sharing costs.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  3966

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced  by Sen. ROBACH -- (at request of the Department of Labor) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Labor

AN  ACT  to amend the labor law, in relation to the sharing of unemploy-
  ment insurance information with public entities for certain authorized
  purposes; and to amend the tax law, in relation to  the  national  and
  state directory of new hires

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The section heading of section 537 of the  labor  law,  as
amended  by  chapter  346  of  the  laws  of 1948, is amended to read as
follows:
  [Disclosures prohibited] DISCLOSURE OF UNEMPLOYMENT INSURANCE INFORMA-
TION.
  S 2. Subdivision 1 of section 537 of the  labor  law,  as  amended  by
chapter 551 of the laws of 2008, is amended to read as follows:
  1.  a. Unemployment insurance information.  (i) Unemployment insurance
information is information contained in the records  of  the  department
pertaining to the administration of [this article, including information
obtained by the department from employers and employees pursuant to this
article]  THE  STATE  UNEMPLOYMENT INSURANCE PROGRAM.  The term includes
wage reporting information obtained by the  department  from  the  state
department  of  taxation  and  finance  pursuant  to subdivision four of
section one hundred seventy-one-a and paragraph four of  subsection  (a)
of  section six hundred seventy-four of the tax law. It further includes
information in the state directory of new hires that has been  disclosed
to  the  department  for use in the unemployment insurance program. Such
information does not include the personnel or general fiscal information
of the department or information in the public domain.
  (ii) For purposes of this paragraph, the term public domain means: (A)
information about the department and the unemployment  insurance  appeal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09757-03-1

S. 3966                             2

board; (B) information about applicable state and federal law, rules and
regulations  pertaining to unemployment insurance, including interpreta-
tions thereof and statements of general policy  and  interpretations  of
general applicability but excluding investigative manuals and procedures
pertaining to unemployment insurance; and (C) any agreements relating to
the  administration  of  this  article.   Notwithstanding the foregoing,
nothing in this subdivision shall be construed to  limit,  restrict,  or
abrogate  the  department's right to deny access to any records pursuant
to the provisions of the public officers law.
  b. Use of unemployment insurance information.  Unemployment  insurance
information  shall  be  for  the  exclusive  use  and information of the
commissioner in the discharge of his or her duties  under  this  chapter
and  shall  not  be  open  to the public nor be used in any court in any
action or proceeding pending therein unless the commissioner is a  party
to  such  action  or  proceeding,  or such action or proceeding involves
information provided pursuant to [paragraph g of] subdivision  three  of
this section, notwithstanding any other provisions of law. Such informa-
tion  insofar  as  it  is  material to the making and determination of a
claim for benefits or to adjudicating a  claim  for  benefits  shall  be
available   to   the   parties  affected  [and,  in  the  commissioner's
discretion, may be made available to the parties affected in  connection
with effecting placement].
  c.  Disclosure  of unemployment insurance information to an individual
or employer. (i) The  department  may  disclose  unemployment  insurance
information  about  an  individual  to  such  individual or unemployment
insurance information about an employer to such employer.
  (II) As a condition to making such disclosure,  the  department  shall
require  [a written] authorization to disclose such information from the
individual or employer in a form acceptable to the  department  together
with  such  proof  of  identity or authorization to act on behalf of the
individual or employer as the commissioner shall deem appropriate.
  (III) Notwithstanding  the  foregoing,  except  as  may  otherwise  be
authorized  under  paragraph b of this subdivision, this paragraph shall
not be construed to authorize the  department  to  disclose  information
acquired  from an employer [under this article] PURSUANT TO ITS ADMINIS-
TRATION OF THE UNEMPLOYMENT INSURANCE PROGRAM to an individual or infor-
mation acquired from an [employee under this article] INDIVIDUAL  PURSU-
ANT  TO  ITS  ADMINISTRATION OF THE UNEMPLOYMENT INSURANCE PROGRAM to an
employer.
  [(ii) Nothing in this subdivision shall be construed to  prohibit  the
disclosure  of the wage reporting information obtained by the department
from the department of taxation and finance pursuant to subdivision four
of section one hundred seventy-one-a and paragraph  four  of  subsection
(a)  of section six hundred seventy-four of the tax law pertaining to an
individual to such individual or  pertaining  to  an  employer  to  such
employer.]
  d.  Disclosure  OF  UNEMPLOYMENT  INSURANCE  INFORMATION upon informed
consent TO AGENTS OR THIRD PARTIES ON BEHALF OF AN INDIVIDUAL OR EMPLOY-
ER. (i) [The] NOTWITHSTANDING ANY OTHER PROVISION OF THIS  SECTION,  THE
department  may  disclose  unemployment  insurance  information about an
individual or an employer to an agent of such individual or employer, or
to a third party, on the basis of informed consent  received  from  such
individual  or employer.   [An informed consent from an individual shall
not be construed to authorize the  department  to  disclose  information
acquired  from an employer under this article to an agent or third party
identified in an individual's informed  consent  nor  to  authorize  the

S. 3966                             3

department  to  disclose  information  acquired from an individual under
this article to the agent or third party identified  in  the  employer's
informed  consent.  Nothing  in  this  subdivision shall be construed to
prohibit  the  disclosure  of the wage reporting information obtained by
the department from the department of taxation and finance  pursuant  to
subdivision four of section one hundred seventy-one-a and paragraph four
of  subsection  (a)  of  section six hundred seventy-four of the tax law
pertaining to an individual to the agent or third  party  identified  in
the  individual's  informed  consent or pertaining to an employer to the
agent or third party identified in the employer's consent] TO  WHOM  THE
INFORMATION PERTAINS, IN A FORM ACCEPTABLE TO THE COMMISSIONER.
  (ii)  [Informed  consent  shall  consist of a written release from the
individual or employer to whom the information pertains.] Where [a writ-
ten release] SUCH INFORMED CONSENT is  impossible  or  impracticable  to
obtain,  the  department may accept an informed consent from a represen-
tative acceptable to the department, including but  not  limited  to,  a
conservator,  guardian,  or  executor  or  administrator of a decedent's
estate, together with such documentation as the department deems  neces-
sary, including, but not limited to, orders of appointment or letters of
administration,  to  establish the right of the representative to act on
the individual's behalf. An informed consent must include a statement:
  (A) specifically identifying the information that is to be disclosed;
  (B) acknowledging that department files will be accessed to obtain the
information;
  (C) identifying the specific purpose or purposes for which the  infor-
mation is sought, subject to the limitations on such purpose or purposes
set  forth  in subparagraph (iii) of this paragraph, and indicating that
information obtained under the [release] CONSENT will only be  used  for
that purpose or purposes; and
  (D)  identifying  all  the  parties  who  may  receive the information
disclosed pursuant to the consent.
  (iii) The purpose specified in the [release] CONSENT must  be  limited
to  providing  a  service  or  benefit  to  the  individual  signing the
[release] CONSENT that such individual expects to receive as a result of
signing the [release] CONSENT or for the purpose of carrying out  admin-
istration  or  evaluation  of  a  public  program to which the [release]
CONSENT pertains.
  [e. Funding for disclosure of requested unemployment insurance  infor-
mation.  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 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 for disclosure of unem-
ployment information made under this article.]
  (IV) A PROPERLY EXECUTED POWER  OF  ATTORNEY  FORM  DEVELOPED  BY  THE
DEPARTMENT  TO  AUTHORIZE  AN INDIVIDUAL TO ACT AS AN EMPLOYER REPRESEN-
TATIVE IN MATTERS RELATED TO ADMINISTRATION OF THE  UNEMPLOYMENT  INSUR-
ANCE  PROGRAM  SHALL  CONSTITUTE  INFORMED  CONSENT FOR PURPOSES OF THIS
SECTION.
  (V) A LETTER OR OTHER WRITTEN COMMUNICATION FROM AN  ELECTED  OFFICIAL
RECEIVED ON OFFICIAL LETTERHEAD OR TRANSMITTED THROUGH AN OFFICIAL ELEC-
TRONIC MAIL ADDRESS IN CONNECTION WITH PROVIDING SERVICES TO A CONSTITU-
ENT SHALL CONSTITUTE INFORMED CONSENT FOR PURPOSES OF THIS SECTION.
  (VI) A LETTER OR OTHER WRITTEN COMMUNICATION FROM AN ATTORNEY PROVIDED
ON FIRM LETTERHEAD IN WHICH THE ATTORNEY ASSERTS HE OR SHE IS REPRESENT-
ING  AN  EMPLOYER  OR INDIVIDUAL IN A MATTER RELATED TO THE DEPARTMENT'S

S. 3966                             4

IMPLEMENTATION OF THE UNEMPLOYMENT INSURANCE  PROGRAM  SHALL  CONSTITUTE
INFORMED  CONSENT  FOR  THE  EMPLOYER OR INDIVIDUAL FOR PURPOSES OF THIS
SECTION. FOR ALL OTHER  MATTERS,  THE  ATTORNEY  WILL  NEED  TO  PROVIDE
INFORMED CONSENT AS DISCUSSED IN PARAGRAPH D OF THIS SUBDIVISION.
  S  3.  Subdivision  2  of  section  537 of the labor law is renumbered
subdivision 8 and a new subdivision 2 is added to read as follows:
  2. THE COMMISSIONER SHALL REPORT FULLY AND COMPLETELY TO THE APPROPRI-
ATE AGENCY OF THE UNITED STATES ON THE EFFECT AND ADMINISTRATION OF  THE
UNEMPLOYMENT  INSURANCE PROGRAM IN THE MANNER PRESCRIBED BY SUCH AGENCY.
THE COMMISSIONER SHALL  ALSO  MAKE  UNEMPLOYMENT  INSURANCE  INFORMATION
AVAILABLE,  UPON REQUEST, TO ANY FEDERAL, STATE OR LOCAL AGENCY ENTITLED
TO SUCH INFORMATION UNDER THE SOCIAL SECURITY ACT OR ANY  OTHER  FEDERAL
LAW  IN  THE  MANNER  PRESCRIBED BY SUCH FEDERAL LAW OR ITS IMPLEMENTING
REGULATIONS AND 20 CFR PART 603.   NOTHING  IN  THIS  SUBDIVISION  SHALL
PROHIBIT  THE  DEPARTMENT  FROM DISCLOSING TO THE STATE DIRECTORY OF NEW
HIRES WAGE AND UNEMPLOYMENT COMPENSATION INFORMATION AS MAY BE NECESSARY
TO ALLOW SUCH STATE DIRECTORY TO COMPLY WITH SECTION ONE HUNDRED  SEVEN-
TY-ONE-H OF THE TAX LAW. THE DEPARTMENT SHALL BE REIMBURSED FOR THE COST
OF  PROVIDING  SUCH  INFORMATION  CONSISTENT  WITH FEDERAL LAW AND REGU-
LATION.
  S 4. Subdivision 3 of section 537 of the  labor  law,  as  amended  by
chapter  442  of the laws of 1994, the opening paragraph and paragraph a
as amended and paragraph g as added by chapter 6 of the  laws  of  2007,
paragraph  b  and clauses 1, 4 and 5 of subparagraph (ii) of paragraph g
as amended and clauses 6, 7, 8 and 9 of subparagraph (ii) of paragraph g
and paragraph h as added by chapter 551 of the laws of 2008,  paragraphs
c  and  d  as  added  by chapter 398 of the laws of 1997, paragraph e as
amended by chapter 601 of the laws of 2007 and paragraph f as  added  by
chapter 724 of the laws of 2006, is amended to read as follows:
  3.  Exceptions TO NON-DISCLOSURE PROVISIONS.  [The] A. NOTWITHSTANDING
SUBDIVISIONS ONE AND TWO OF THIS SECTION, UPON WRITTEN  REQUEST  AND  AT
HIS  OR  HER  SOLE DISCRETION, THE commissioner may[, however,] disclose
[the] UNEMPLOYMENT INSURANCE information [described in subdivisions  one
and four of this section under the following circumstances:
  a.  Federal law. The commissioner shall report fully and completely to
the appropriate agency of the United States on the effect  and  adminis-
tration  of  this  article  in the manner prescribed by such agency, and
further he or she shall make information available, upon request, to any
federal, state or local agency entitled to such  information  under  the
social security act or any other federal law in the manner prescribed by
such federal law or its implementing regulations.
  b.  Chief administrator of the courts; commissioners of jurors; county
clerks.] FOR THE PURPOSES SET FORTH IN PARAGRAPH B OF THIS  SUBDIVISION,
SUBJECT  TO THE FOLLOWING: (I) SUCH DISCLOSURE SHALL ONLY BE MADE PURSU-
ANT TO THE TERMS OF A WRITTEN AGREEMENT BETWEEN THE DEPARTMENT  AND  THE
ENTITY   TO  WHICH  THE  UNEMPLOYMENT  INSURANCE  INFORMATION  IS  BEING
DISCLOSED, THE TERMS OF WHICH SHALL, AT A MINIMUM, BE CONSISTENT WITH 20
CFR PART 603 AND ANY OTHER APPLICABLE FEDERAL AND STATE LAWS  AND  REGU-
LATIONS.  THE  TERMS OF SUCH AGREEMENT SHALL INCLUDE, BUT NOT BE LIMITED
TO, PROVISIONS REQUIRING THAT UNEMPLOYMENT INSURANCE  INFORMATION  SHALL
BE  DISCLOSED  ONLY AFTER THE REQUESTING AGENCY HAS DEMONSTRATED, TO THE
COMMISSIONER'S SATISFACTION, THAT THE INFORMATION SHALL BE USED ONLY FOR
THOSE PURPOSES FOR WHICH IT WAS PROVIDED TO THE REQUESTING ENTITY, SHALL
BE KEPT CONFIDENTIAL EXCEPT FOR SUCH PURPOSES, SHALL NOT BE DISCLOSED TO
ANY THIRD PARTIES IN INDIVIDUALLY IDENTIFIABLE FORM UNLESS PERMISSION TO
DO SO IS EXPRESSLY AUTHORIZED BY SUCH  AGREEMENT,  THAT  THE  REQUESTING

S. 3966                             5

AGENCY HAS SECURITY SAFEGUARDS IN PLACE TO ENSURE ITS APPROPRIATE USE BY
THE  ENTITY  AND TO PREVENT THE UNAUTHORIZED DISCLOSURE OF SUCH INFORMA-
TION, AND THAT THE ENTITY WILL MONITOR  COMPLIANCE  WITH  SUCH  SECURITY
SAFEGUARDS  TO  THE  COMMISSIONER'S  SATISFACTION;  (II) SUCH DISCLOSURE
SHALL ONLY BE MADE SUBJECT TO THE PROVISIONS REGARDING REIMBURSEMENT  OF
COSTS  ASSOCIATED  WITH  SUCH  DISCLOSURE  TO THE UNEMPLOYMENT INSURANCE
PROGRAM PURSUANT TO THE PROVISIONS OF SUBDIVISION SIX OF  THIS  SECTION;
(III)  DISCLOSURE  OF  UNEMPLOYMENT INSURANCE INFORMATION TO THE AGENTS,
CONTRACTORS, AND SUBCONTRACTORS OF ANY ENTITY PERMITTED TO RECEIVE  SUCH
INFORMATION  UNDER  THIS  SUBDIVISION  SHALL  BE  GRANTED  SOLELY AT THE
DISCRETION OF THE COMMISSIONER ONLY AFTER THE ENTITY TO WHOM THE  INFOR-
MATION  IS BEING DISCLOSED IN THE FIRST INSTANCE HAS DEMONSTRATED TO THE
COMMISSIONER'S SATISFACTION THAT SUCH AGENTS, CONTRACTORS,  AND  SUBCON-
TRACTORS WILL, BY SEPARATE WRITTEN AGREEMENT BETWEEN THE ENTITY AND SUCH
AGENTS, CONTRACTORS, OR SUBCONTRACTORS, BE SUBJECT TO ALL LIMITATIONS ON
USE  AND DISCLOSURE OF THE INFORMATION SET FORTH IN THE AGREEMENT REFER-
ENCED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AND  THAT  THE  ENTITY  WILL
MONITOR  COMPLIANCE BY SUCH AGENCY, CONTRACTORS, AND SUBCONTRACTORS WITH
ALL SECURITY SAFEGUARDS SET FORTH IN SUCH AGREEMENT.
  B. SUBJECT TO THE REQUIREMENTS SET FORTH IN PARAGRAPH A OF THIS SUBDI-
VISION, THE COMMISSIONER MAY DISCLOSE UNEMPLOYMENT INSURANCE INFORMATION
TO THE FOLLOWING PUBLIC OFFICIALS/ENTITIES FOR THE  FOLLOWING  PURPOSES,
TO  THE  EXTENT  THAT  SUCH PURPOSES FALL WITHIN THE SCOPE OF THE PUBLIC
OFFICIAL/ENTITY'S DUTIES: (I) The commissioner shall  provide  lists  of
[the  names of] persons receiving unemployment insurance benefits to the
chief administrator of the courts[,] appointed pursuant to  section  two
hundred  ten of the judiciary law[. The lists shall be provided] for the
sole purpose of integration OF SUCH  LISTS  into  lists  of  prospective
jurors  as  provided  by  section five hundred six of the judiciary law,
PROVIDED HOWEVER, THAT FOR PURPOSES OF THIS  SUBPARAGRAPH,  UNEMPLOYMENT
INSURANCE  INFORMATION  DISCLOSED PURSUANT TO THIS SUBPARAGRAPH SHALL BE
LIMITED TO LISTS OF THE NAMES AND ADDRESSES OF PERSONS RESIDING  IN  THE
STATE AND RECEIVING UNEMPLOYMENT INSURANCE BENEFITS AND ANY OTHER INFOR-
MATION DEEMED NECESSARY BY THE COMMISSIONER.  The chief administrator of
the  courts shall upon request provide information from the lists to the
commissioner of jurors in each county or, in  a  county  within  a  city
having  a  population  of  one million or more, the county clerk of said
county, solely for the purpose of compiling lists of prospective  jurors
for the appropriate county. [The lists of persons receiving unemployment
insurance  benefits  shall  be  provided  only pursuant to a cooperative
agreement between the chief administrator of the courts and the  commis-
sioner  that  is consistent with all federal regulations or requirements
governing such disclosures and guarantees that all necessary steps shall
be taken by the chief administrator of the courts, the commissioners  of
jurors and the county clerks to insure that the lists are kept confiden-
tial  and that there is no unauthorized use or disclosure of such lists.
Furthermore, the lists will be provided only if the chief  administrator
of  the courts determines that the lists are needed for integration into
lists of prospective jurors in one or more counties.
  c.] (II) Nothing herein shall be construed to prohibit the delivery of
unemployment benefit information contained in the  department's  records
to  the  secretary  of health and human services of the United States or
the state agency responsible for collecting such information, in accord-
ance with regulations promulgated by such secretary,  as  necessary  for
the purposes of the national directory of new hires as established under
section  four hundred fifty-three A of the social security act, as added

S. 3966                             6

by section three hundred thirteen of  the  personal  responsibility  and
work opportunity reconciliation act of 1996, P.L. 104-193.
  [d.  (i)]  (III)(A)  Nothing herein shall be construed to prohibit the
disclosure quarterly, to the secretary of health and human  services  of
the  United  States  or the state agency responsible for collecting such
information, claim information contained in the department's records, as
required by section four hundred fifty-three A of  the  social  security
act  (establishing  the  national directory) as amended by section three
hundred thirteen of the personal  responsibility  and  work  opportunity
reconciliation  act  of 1996, P.L. 104-193. Such claim information is to
be used only for the purposes of section four hundred fifty-three  A  of
the  social  security  act  in  carrying  out  child support enforcement
programs. Costs of furnishing such claim information shall be reimbursed
consistent with federal law and regulations.
  [(ii)] (B) For the purpose of this paragraph the term "claim  informa-
tion"  means  information  regarding whether an individual is receiving,
has received, or has made application for, unemployment insurance  bene-
fits,  the  amount of such benefits being received or to be received and
the individual's most  recent  address  contained  in  the  department's
records.
  [e.  Nothing  herein  shall be construed to prohibit the disclosure of
claim information as defined in subparagraph (ii) of paragraph d of this
subdivision to] (IV) TO the  ["]state  directory  of  new  hires,["]  as
established  under  section  one hundred seventy-one-h of the tax law as
amended, and to the state office of temporary and disability  assistance
for  disseminating  to  support  collection  units  designated by social
services districts or their duly  authorized  agents  for  all  purposes
designated  by the personal responsibility and worker opportunity recon-
ciliation act of 1996, public law 104-193.  [The cost of providing  such
claim  information  shall  be reimbursed consistent with federal law and
regulations.
  f. United States census bureau. Upon request to the commissioner, such
information may be disclosed to] (V) TO the United States census  bureau
for  statistical  analyses related to population and employment measure-
ments and trends. The  confidentiality  of  such  information  shall  be
protected  by [subdivisions one and two of] this section and title thir-
teen of the United States Code [and subject to the terms  of  a  written
agreement between the United States census bureau and the commissioner].
  [g. Federal, state and local agencies. (i) Upon request to the commis-
sioner,  such information may be disclosed to certain federal, state and
local agencies. The commissioner may  require  written  agreements  with
requesting  agencies  in  a  form  determined  by  the  commissioner and
consistent with 20 CFR 603 and other federal regulations.  The  informa-
tion that may be disclosed pursuant to this paragraph shall be disclosed
only after the requesting agency has demonstrated, to the commissioner's
satisfaction,  that  the  information shall be kept confidential, except
for those purposes for which it was provided to the  requesting  agency,
and  that  the  requesting  agency  has  security safeguards in place to
prevent the unauthorized disclosure of such information.
  (ii) The information disclosed  pursuant  to  this  paragraph  may  be
disclosed  to  the  following  agencies  to  be used exclusively for the
following legitimate governmental purposes:
  (1)] (VI) TO any federal, state or local agency in  the  investigation
OR  PROSECUTION  of  fraud  relating  to public programs, [or] misuse of
public funds[;], OR INVESTIGATION OR PROSECUTION OF  IDENTITY  THEFT  IN
CONNECTION WITH THE OPERATION OF PUBLIC PROGRAMS; IN RESPONSE TO A JUDI-

S. 3966                             7

CIAL  ORDER  OR  GRAND JURY SUBPOENA; TO ANY STATE OR LOCAL GOVERNMENTAL
ENTITY FOR THE PURPOSE OF PUBLIC PROTECTION, INCLUDING BUT  NOT  LIMITED
TO, DISCLOSURE TO LAW ENFORCEMENT AGENCIES IN CONNECTION WITH THE INVES-
TIGATION OR PROSECUTION OF ALLEGED CRIMINAL CONDUCT; AND TO PUBLIC SAFE-
TY AGENCIES IN CONNECTION WITH EMERGENCY MANAGEMENT OR RESPONSE.
  [(2)]  (VII) TO any state or United States territorial workforce agen-
cy, local workforce investment board and its agents, and one-stop  oper-
ating partner receiving funds under the workforce investment act of 1998
for  program  performance  purposes  and  other  legitimate programmatic
purposes authorized by the commissioner[;].
  [(3)] (VIII) TO the United States department of labor or  its  agents,
as  required by law, or in connection with the requirements imposed as a
result of receiving federal administrative funding[;
  (4) state and local economic development agencies,  or  their  agents,
where such information is necessary to carry out the statutory functions
of  such  agencies,  shall  receive a quarterly census of employment and
wage information compiled by the department, provided that such  disclo-
sure  shall  not  violate  federal  law. Any redisclosure of information
obtained by such agencies under this clause shall be  limited  to  tabu-
lation  and publication of such information in an aggregated statistical
form. No individual identifying information obtained  pursuant  to  this
clause  shall be redisclosed in the course of the tabulation or publica-
tion. 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 not 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 employer comprises
more than eighty percent of the aggregated data  set;  and]  OTHER  THAN
FUNDING FOR THE UNEMPLOYMENT INSURANCE PROGRAM.
  (IX) TO ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITY FOR (A) EVAL-
UATION  OF  PROGRAM PERFORMANCE, AS REQUIRED BY FEDERAL, STATE, OR LOCAL
LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO, CUSTOMER TRACKING NEED-
ED FOR LONG TERM OR LONGITUDINAL  OUTCOME  ANALYSIS;  (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) THE OPERATION OF PUBLIC PROGRAMS BY SUCH ENTITIES, WHEN-
EVER  IT IS DETERMINED BY THE COMMISSIONER THAT SUCH INFORMATION SHARING
IS NEEDED TO IMPROVE THE QUALITY OR DELIVERY OF PROGRAM SERVICES  OR  TO
CREATE  OPERATIONAL  EFFICIENCIES; OR (E) ESTABLISHMENT OF A COMMON CASE
MANAGEMENT SYSTEM WITH OTHER  STATE  OR  LOCAL  ENTITIES  DELIVERING  OR
SUPPORTING  WORKFORCE SERVICES FOR A SHARED CUSTOMER BASE, WHEREVER SUCH
COMMON CASE MANAGEMENT SYSTEM IS DETERMINED BY THE  COMMISSIONER  TO  BE
NEEDED  TO  FOSTER  WORKFORCE  PARTNERSHIPS,  PROGRAM  COORDINATION,  OR
INTER-AGENCY COLLABORATION, TO IMPROVE PROGRAM SERVICES,  OR  TO  CREATE
OPERATIONAL EFFICIENCIES.
  [(5)] (X) TO the workers' compensation board, the state insurance fund
and  the state insurance department, for purposes of determining compli-
ance with the coverage of workers' compensation and disability insurance
and to the workers'  compensation  board  for  purposes  of  determining
eligibility for workers' compensation benefits.
  [(6) any federal, state, or local law enforcement agency in accordance
with  a  proper  judicial  order  or grand jury subpoena served upon the
department.
  (7)] (XI) TO the office of temporary  and  disability  assistance,  or
local social services districts, for purposes of establishing or verify-
ing  the  income  and  eligibility  of applicants for, or recipients of,

S. 3966                             8

benefits under state public assistance AND CARE programs for such  bene-
fits.  Information  obtained  by  the office of temporary and disability
assistance under this [clause]  SUBPARAGRAPH  shall  not  be  disclosed,
except  to  THE  DEPARTMENT OF HEALTH, THE OFFICE OF CHILDREN AND FAMILY
SERVICES, AND local social services districts for purposes of establish-
ing or verifying the income and eligibility of applicants for, or recip-
ients of, benefits under state public assistance AND CARE programs.
  [(8) the office of vocational and educational services for individuals
with disabilities of the education department for the evaluation of  the
effect  on  earnings of participants, or former participants, in employ-
ment and training programs for which the office of vocational and educa-
tional services for  individuals  with  disabilities  of  the  education
department has reporting, monitoring or evaluating responsibilities.
  (9)  the  commission  for  the  blind and visually handicapped for the
evaluation of the effect on earnings of participants, or former  partic-
ipants, in employment and training programs for which the commission for
the blind and visually handicapped has reporting, monitoring or evaluat-
ing responsibilities]
  (XII) TO THE NEW YORK CITY COMPTROLLER FOR THE PURPOSE OF ESTABLISHING
NEW YORK CITY PREVAILING WAGE RATES AS REQUIRED BY THIS CHAPTER.
  (XIII) TO FEDERAL, STATE, OR LOCAL OFFICIALS, WHEN, IN THE JUDGMENT OF
THE  COMMISSIONER,  SUCH  OFFICIALS HAVE MADE A SHOWING OF NEED FOR SUCH
INFORMATION BASED UPON COMPELLING CIRCUMSTANCES AFFECTING THE HEALTH AND
SAFETY OF AN INDIVIDUAL.
  (XIV) TO THE NEW YORK STATE COMPTROLLER, FOR PURPOSES ASSOCIATED  WITH
THE  PERFORMANCE OF HIS OR HER STATUTORY AND CONSTITUTIONAL RESPONSIBIL-
ITIES RELATED  TO  THE  ADMINISTRATION  OF  THE  UNEMPLOYMENT  INSURANCE
PROGRAM  INCLUDING,  BUT NOT LIMITED TO, DUTIES ASSOCIATED WITH AUDITING
BENEFIT PAYMENTS AND THE OPERATION OF THE UNEMPLOYMENT INSURANCE PROGRAM
AS A WHOLE.
  [h. Department] (XV) TO  DEPARTMENT  contractors,  subcontractors,  or
agents[.  The department may disclose unemployment insurance information
to its contractors, subcontractors, or agents] as the commissioner deems
necessary to carry out the statutory functions of the  department.  Such
disclosure shall be consistent with the authorized purposes described in
subdivision four of this section and all applicable federal regulations,
guidelines and policies.
  S  5. Section 537 of the labor law is amended by adding a new subdivi-
sion 6 to read as follows:
  6. PAYMENT TO THE DEPARTMENT FOR DISCLOSURE OF REQUESTED  UNEMPLOYMENT
INSURANCE  INFORMATION.  A. 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 SECTION, INCLUD-
ING START-UP COSTS, OR FOR  ADMINISTERING  SUCH  REQUEST  OR  MONITORING
COMPLIANCE WITH CONFIDENTIALITY PROVISIONS ATTACHING TO SUCH DISCLOSURE.
  B.  SUCH  COSTS SHALL BE CALCULATED, COLLECTED AND ADMINISTERED BY THE
DEPARTMENT 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.
  C. NOTWITHSTANDING THE FOREGOING, COSTS ASSOCIATED WITH THE DISCLOSURE
OF UNEMPLOYMENT INSURANCE INFORMATION BY THE DEPARTMENT PURSUANT TO  THE

S. 3966                             9

TERMS  OF  THIS  SECTION  MAY  BE  WAIVED IF NOT MORE THAN AN INCIDENTAL
AMOUNT OF STAFF TIME AND NO  MORE  THAN  NOMINAL  PROCESSING  COSTS  ARE
INVOLVED IN MAKING THE DISCLOSURE OR WHERE THE DEPARTMENT HAS IN PLACE A
RECIPROCAL  COST  AGREEMENT  OR  ARRANGEMENT WITH THE ENTITY TO WHOM THE
INFORMATION IS DISCLOSED. FOR PURPOSES  OF  THIS  PARAGRAPH,  RECIPROCAL
MEANS  THAT THE RELATIVE BENEFITS RECEIVED BY THE UNEMPLOYMENT INSURANCE
PROGRAM AND THE ENTITY TO WHOM THE INFORMATION IS DISCLOSED EACH RECEIVE
BENEFITS THAT ARE APPROXIMATELY EQUAL.
  S 6. Subdivision 7 of section 537 of the labor law, as added by  chap-
ter 302 of the laws of 1995, is amended to read as follows:
  7.  The  department shall notify all EMPLOYERS, AND applicants to, and
[participants in, employment security and training  programs  for  which
the department has reporting, monitoring or evaluating responsibilities]
RECIPIENTS OF, UNEMPLOYMENT INSURANCE BENEFITS that information obtained
from  the  department of taxation and finance AND/OR UNEMPLOYMENT INSUR-
ANCE INFORMATION COLLECTED IN CONNECTION WITH THE DEPARTMENT'S  ADMINIS-
TRATION  OF  THE  UNEMPLOYMENT INSURANCE PROGRAM may be used to evaluate
program effectiveness [of up to ten  years  after  such  application  or
participation, whichever is later] OR FOR OTHER OFFICIAL PURPOSES AS SET
FORTH IN THIS SECTION.
  S  7.  Paragraph (g) of subdivision 4 of section 171-h of the tax law,
as added by chapter 398 of the laws of  1997,  is  amended  to  read  as
follows:
  (g)  furnish  to  the  national directory of new hires, on a quarterly
basis,  extracts  of  the  reports  required  under  paragraph  six   of
subsection  (a)  of  section  three  hundred three of the federal social
security act to be made to the secretary of labor concerning  wages  and
unemployment  compensation  paid  to  individuals, by such dates, and in
such manner as the secretary of health and human services shall  specify
by regulations. The state department of labor shall, consistent with the
authority  contained  in  [paragraph  e of subdivision three of] section
five hundred thirty-seven of the labor law, disclose to the state direc-
tory of new hires, such wage and unemployment  compensation  information
as  may  be  necessary  to allow such state directory to comply with the
provisions of this paragraph.
  S 8. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.