LBD00429-02-9
A. 1476 2
three of this chapter, AND (IV) WITH RESPECT TO THE PARENTS, THE STEP-
PARENTS, THE CHILD AND THE SIBLINGS OF THE CHILD WHO WERE LIVING IN THE
SAME HOUSEHOLD AS A CHILD WHO IS IN THE CARE AND CUSTODY OR CUSTODY AND
GUARDIANSHIP OF THE SOCIAL SERVICES DISTRICT OR LOCAL COMMISSIONER OF
SOCIAL SERVICES DURING THE MONTH THAT THE COURT PROCEEDINGS LEADING TO
THE CHILD'S REMOVAL FROM THE HOUSEHOLD WERE INITIATED OR THE WRITTEN
INSTRUMENT TRANSFERRING CARE AND CUSTODY OF THE CHILD PURSUANT TO THE
PROVISIONS OF SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER WAS
SIGNED, FOR THE PURPOSE OF DETERMINING THE ELIGIBILITY OF ANY CHILD IN
CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF THE SOCIAL SERVICES
DISTRICT OR OF THE LOCAL COMMISSIONER OF SOCIAL SERVICES FOR FEDERAL
PAYMENT FOR FOSTER CARE AND ADOPTION ASSISTANCE PURSUANT TO THE
PROVISIONS OF TITLE IV-E OF THE FEDERAL SOCIAL SERVICES ACT,
S 2. Section 23 of the social services law is amended by adding two
new subdivisions 4 and 5 to read as follows:
4. NONE OF THE INFORMATION GATHERED PURSUANT TO THIS SECTION MAY BE
USED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR ANY LOCAL
SOCIAL SERVICES DISTRICT TO RECOVER PUBLIC ASSISTANCE OR FOSTER CARE
BENEFITS PROPERLY PAID.
5. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND/OR LOCAL
DISTRICTS SHALL NOTIFY PUBLIC ASSISTANCE APPLICANTS AND RECIPIENTS THAT
INFORMATION OBTAINED FROM THE WAGE REPORTING SYSTEM SHALL BE MADE AVAIL-
ABLE TO THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE WHEN THE
RECIPIENT NO LONGER RECEIVES PUBLIC ASSISTANCE.
S 3. The social services law is amended by adding two new sections 24
and 25 to read as follows:
S 24. DATABASE OF PUBLIC ASSISTANCE RECIPIENT OUTCOMES. 1. THE OFFICE
OF TEMPORARY AND DISABILITY ASSISTANCE SHALL CONSTRUCT A DATABASE OF
PUBLIC ASSISTANCE RECIPIENT OUTCOMES AND JOB RETENTION AND ADVANCEMENT
DATA. SUCH DATA SHALL CONSIST OF COUNTY PERFORMANCE, PROGRESS TOWARDS
ENTRIES TO EMPLOYMENT AND PROGRAM EVALUATION IN ORDER TO DETERMINE
WHETHER THE GOALS OF THE PUBLIC ASSISTANCE EMPLOYMENT PROGRAMS ARE BEING
MET. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL PERFORM
TIMELY ANALYSIS REGARDING FEDERAL PERFORMANCE MONITORING AND PARTIC-
IPATION RATE STANDARDS.
2. THE DATABASE SHALL INCLUDE THE FOLLOWING INFORMATION:
(A) SUBSIDIZED AND UNSUBSIDIZED WORK PLACEMENTS, INCLUDING DETAILS ON
TRANSPORTATION AND CHILD CARE SERVICES AND THE RELATIONSHIP TO PARTIC-
IPANT WORK SUCCESS;
(B) INCOME MADE BY RECIPIENTS IN THEIR JOB PLACEMENTS, INCLUDING AVER-
AGE HOURLY WAGE;
(C) THE NUMBER OF NEW JOBS IN THE STATE AND THE NUMBER KNOWN TO BE
FILLED BY PUBLIC ASSISTANCE RECIPIENTS;
(D) THE NUMBER OF PEOPLE WHO RECEIVE WORK RULE SANCTION NOTICES, THE
NUMBER OF PEOPLE WHO REQUEST CONCILIATION, AND THE NUMBER OF PEOPLE
WHOSE CASES ARE FAVORABLY RESOLVED AFTER CONCILIATION ON A DISTRICT BY
DISTRICT BASIS;
(E) LENGTH OF TIME FORMER PUBLIC ASSISTANCE RECIPIENTS WORKED IN THE
EMPLOYMENT POSITION THAT THEY HELD AT THE TIME THEIR CASE WAS CLOSED;
AND
(F) ANY OTHER INFORMATION THE COMMISSIONER OF THE OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE DEEMS NECESSARY.
3. ONE YEAR AFTER THIS SECTION SHALL HAVE BECOME A LAW, THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE SHALL SUBMIT REPORTS OF SUCH DATA
ANNUALLY TO THE LEGISLATURE AND THE GOVERNOR. A FINAL REPORT SHALL BE
SUBMITTED TO THE LEGISLATURE AND THE GOVERNOR FOUR YEARS AFTER THIS
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SECTION SHALL HAVE BECOME A LAW. SUCH REPORTS SHALL BE AVAILABLE TO THE
PUBLIC ON A WEBSITE MAINTAINED BY THE OFFICE.
S 25. UPON RECEIPT OF THIS INFORMATION, LOCAL SOCIAL SERVICES
DISTRICTS MUST PROVIDE INFORMATION TO PERSONS WHO APPEAR TO BE ELIGIBLE
FOR CHILD CARE, INCLUDING TRANSITIONAL CHILD CARE, MEDICAL ASSISTANCE,
AND FOOD STAMP BENEFITS.
S 4. Paragraph 3 of subsection (e) of section 697 of the tax law, as
separately amended by section 1 of part M of chapter 57 and section 45-f
of part C of chapter 58 of the laws of 2008, is amended to read as
follows:
(3) Nothing herein shall be construed to prohibit the department, its
officers or employees from furnishing information to the office of
temporary and disability assistance relating to the payment of the cred-
it for certain household and dependent care services necessary for gain-
ful employment under subsection (c) of section six hundred six of this
article and the earned income credit under subsection (d) of section six
hundred six of this article, or pursuant to a local law enacted by a
city having a population of one million or more pursuant to subsection
(f) of section thirteen hundred ten of this chapter, only to the extent
necessary to calculate qualified state expenditures under paragraph
seven of subdivision (a) of section four hundred nine of the federal
social security act or to document the proper expenditure of federal
temporary assistance for needy families funds under section four hundred
three of such act. The office of temporary and disability assistance may
redisclose such information to the United States department of health
and human services only to the extent necessary to calculate such quali-
fied state expenditures or to document the proper expenditure of such
federal temporary assistance for needy families funds. Nothing herein
shall be construed to prohibit the delivery by the commissioner to a
commissioner of jurors, appointed pursuant to section five hundred four
of the judiciary law, or, in counties within cities having a population
of one million or more, to the county clerk of such county, of a mailing
list of individuals to whom income tax forms are mailed by the commis-
sioner for the sole purpose of compiling a list of prospective jurors as
provided in article sixteen of the judiciary law. Provided, however,
such delivery shall only be made pursuant to an order of the chief
administrator of the courts, appointed pursuant to section two hundred
ten of the judiciary law. No such order may be issued unless such chief
administrator is satisfied that such mailing list is needed to compile a
proper list of prospective jurors for the county for which such order is
sought and that, in view of the responsibilities imposed by the various
laws of the state on the department, it is reasonable to require the
commissioner to furnish such list. Such order shall provide that such
list shall be used for the sole purpose of compiling a list of prospec-
tive jurors and that such commissioner of jurors, or such county clerk,
shall take all necessary steps to insure that the list is kept confiden-
tial and that there is no unauthorized use or disclosure of such list.
Furthermore, nothing herein shall be construed to prohibit the delivery
to a taxpayer or his or her duly authorized representative of a certi-
fied copy of any return or report filed in connection with his or her
tax or to prohibit the publication of statistics so classified as to
prevent the identification of particular reports or returns and the
items thereof, or the inspection by the attorney general or other legal
representatives of the state of the report or return of any taxpayer or
of any employer filed under section one hundred seventy-one-h of this
chapter, where such taxpayer or employer shall bring action to set aside
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or review the tax based thereon, or against whom an action or proceeding
under this chapter or under this chapter and article eighteen of the
labor law has been recommended by the commissioner, the commissioner of
labor with respect to unemployment insurance matters, or the attorney
general or has been instituted, or the inspection of the reports or
returns required under this article by the comptroller or duly desig-
nated officer or employee of the state department of audit and control,
for purposes of the audit of a refund of any tax paid by a taxpayer
under this article, or the furnishing to the state department of labor
of unemployment insurance information obtained or derived from quarterly
combined withholding, wage reporting and unemployment insurance returns
required to be filed by employers pursuant to paragraph four of
subsection (a) of section six hundred seventy-four of this article, for
purposes of administration of such department's unemployment insurance
program, employment services program, federal and state employment and
training programs, employment statistics and labor market information
programs, worker protection programs, federal programs for which the
department has administrative responsibility or for other purposes
deemed appropriate by the commissioner of labor consistent with the
provisions of the labor law, and redisclosure of such information in
accordance with the provisions of sections five hundred thirty-six and
five hundred thirty-seven of the labor law or any other applicable law,
or the furnishing to the state office of temporary and disability
assistance of information obtained or derived from New York state
personal income tax returns as described in paragraph (b) of subdivision
two of section one hundred seventy-one-g of this chapter for the purpose
of reviewing support orders enforced pursuant to title six-A of article
three of the social services law to aid in the determination of whether
such orders should be adjusted, or the furnishing of information
obtained from the reports required to be submitted by employers regard-
ing newly hired or re-hired employees pursuant to section one hundred
seventy-one-h of this chapter to the state office of temporary and disa-
bility assistance, the state department of health, the state department
of labor and the workers' compensation board for purposes of adminis-
tration of the child support enforcement program, verification of indi-
viduals' eligibility for one or more of the programs specified in
subsection (b) of section eleven hundred thirty-seven of the federal
social security act and for other public assistance programs authorized
by state law, and administration of the state's employment security and
workers' compensation programs, and to the national directory of new
hires established pursuant to section four hundred fifty-three-A of the
federal social security act for the purposes specified in such section,
or the furnishing to the state office of temporary and disability
assistance of the amount of an overpayment of income tax and interest
thereon certified to the comptroller to be credited against past-due
support pursuant to section one hundred seventy-one-c of this chapter
and of the name and social security number of the taxpayer who made such
overpayment, or the disclosing to the commissioner of finance of the
city of New York, pursuant to section one hundred seventy-one-l of this
chapter, of the amount of an overpayment and interest thereon certified
to the comptroller to be credited against a city of New York tax warrant
judgment debt and of the name and social security number of the taxpayer
who made such overpayment, or the furnishing to the New York state high-
er education services corporation of the amount of an overpayment of
income tax and interest thereon certified to the comptroller to be cred-
ited against the amount of a default in repayment of any education loan
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debt, including judgments, owed to the federal or New York state govern-
ment that is being collected by the New York state higher education
services corporation, and of the name and social security number of the
taxpayer who made such overpayment, or the furnishing to the state
department of health of the information required by paragraph (f) of
subdivision two and subdivision two-a of section two thousand five
hundred eleven of the public health law and by subdivision eight of
section three hundred sixty-six-a and paragraphs (b) and (d) of subdivi-
sion two of section three hundred sixty-nine-ee of the social services
law, or the furnishing to the state university of New York or the city
university of New York respectively or the attorney general on behalf of
such state or city university the amount of an overpayment of income tax
and interest thereon certified to the comptroller to be credited against
the amount of a default in repayment of a state university loan pursuant
to section one hundred seventy-one-e of this chapter and of the name and
social security number of the taxpayer who made such overpayment, or the
disclosing to a state agency, pursuant to section one hundred seventy-
one-f of this chapter, of the amount of an overpayment and interest
thereon certified to the comptroller to be credited against a past-due
legally enforceable debt owed to such agency and of the name and social
security number of the taxpayer who made such overpayment, or the
furnishing of employee and employer information obtained through the
wage reporting system, pursuant to section one hundred seventy-one-a of
this chapter, as added by chapter five hundred forty-five of the laws of
nineteen hundred seventy-eight, to the state office of temporary and
disability assistance, the department of health or to the state office
of the medicaid inspector general for the purpose of verifying eligibil-
ity for and entitlement to amounts of benefits under the social services
law or similar law of another jurisdiction, locating absent parents or
other persons legally responsible for the support of applicants for or
recipients of public assistance and care under the social services law
and persons legally responsible for the support of a recipient of
services under section one hundred eleven-g of the social services law
and, in appropriate cases, establishing support obligations pursuant to
the social services law and the family court act or similar provision of
law of another jurisdiction for the purpose of evaluating the effect on
earnings of participation in employment, training or other programs
designed to promote self-sufficiency authorized pursuant to the social
services law by current recipients of public assistance and care and by
former applicants and recipients of public assistance and care, (except
that with regard to former recipients, information which relates to a
particular former recipient shall be provided with client identifying
data deleted), and to the state department of labor, or other individ-
uals designated by the commissioner of labor, for the purpose of the
administration of such department's unemployment insurance program,
employment services program, federal and state employment and training
programs, employment statistics and labor market information programs,
worker protection programs, federal programs for which the department
has administrative responsibility or for other purposes deemed appropri-
ate by the commissioner of labor consistent with the provisions of the
labor law, and redisclosure of such information in accordance with the
provisions of sections five hundred thirty-six and five hundred thirty-
seven of the labor law, or the furnishing of information, which is
obtained from the wage reporting system operated pursuant to section one
hundred seventy-one-a of this chapter, as added by chapter five hundred
forty-five of the laws of nineteen hundred seventy-eight, to the state
A. 1476 6
office of temporary and disability assistance so that it may furnish
such information to public agencies of other jurisdictions with which
the state office of temporary and disability assistance has an agreement
pursuant to paragraph (h) or (i) of subdivision three of section twenty
of the social services law, and to the state office of temporary and
disability assistance for the purpose of fulfilling obligations and
responsibilities otherwise incumbent upon the state department of labor,
under section one hundred twenty-four of the federal family support act
of nineteen hundred eighty-eight, by giving the federal parent locator
service, maintained by the federal department of health and human
services, prompt access to such information as required by such act, or
to the state department of health to verify eligibility under the child
health insurance plan pursuant to subdivisions two and two-a of section
two thousand five hundred eleven of the public health law, to verify
eligibility under the medical assistance and family health plus programs
pursuant to subdivision eight of section three hundred sixty-six-a and
paragraphs (b) and (d) of subdivision two of section three hundred
sixty-nine-ee of the social services law, and to verify eligibility for
the program for elderly pharmaceutical insurance coverage under title
three of article two of the elder law, or to the office of vocational
and educational services for individuals with disabilities of the educa-
tion department, the commission for the blind and visually handicapped
and any other state vocational rehabilitation agency, for purposes of
obtaining reimbursement from the federal social security administration
for expenditures made by such office, commission or agency on behalf of
disabled individuals who have achieved economic self-sufficiency or to
the higher education services corporation for the purpose of assisting
the corporation in default prevention and default collection of educa-
tion loan debt, including judgments, owed to the federal or New York
state government; provided, however, that such information shall be
limited to the names, social security numbers, home and/or business
addresses, and employer names of defaulted or delinquent student loan
borrowers.
Provided, however, that with respect to employee information the
office of temporary and disability assistance shall only be furnished
with the names, social security account numbers and gross wages of those
employees who are (A) applicants for or recipients OR FORMER RECIPIENTS
of benefits under the social services law, or similar provision of law
of another jurisdiction (pursuant to an agreement under subdivision
three of section twenty of the social services law) , PROVIDED, HOWEVER,
THAT INFORMATION REGARDING FORMER RECIPIENTS SHALL ONLY BE AVAILABLE TO
SOCIAL SERVICES DISTRICTS FOR A PERIOD OF THREE AND ONE-HALF YEARS AFTER
THE CLOSURE OF THE RECIPIENT'S PUBLIC ASSISTANCE CASE AND ONLY FOR THE
PURPOSE OF DETERMINING SUCH FORMER RECIPIENT'S ELIGIBILITY FOR CHILD
CARE, INCLUDING TRANSITIONAL CHILD CARE, MEDICAL ASSISTANCE, FOOD STAMP
BENEFITS AND FOR THE PURPOSE OF DETERMINING THE EFFECTIVENESS OF AND FOR
ADMINISTERING THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE'S
PROGRAMS or, (B) absent parents or other persons legally responsible for
the support of applicants for or recipients of public assistance and
care under the social services law or similar provision of law of anoth-
er jurisdiction (pursuant to an agreement under subdivision three of
section twenty of the social services law), or (C) persons legally
responsible for the support of a recipient of services under section one
hundred eleven-g of the social services law or similar provision of law
of another jurisdiction (pursuant to an agreement under subdivision
three of section twenty of the social services law), or (D) employees
A. 1476 7
about whom wage reporting system information is being furnished to
public agencies of other jurisdictions, with which the state office of
temporary and disability assistance has an agreement pursuant to para-
graph (h) or (i) of subdivision three of section twenty of the social
services law, or (E) employees about whom wage reporting system informa-
tion is being furnished to the federal parent locator service, main-
tained by the federal department of health and human services, for the
purpose of enabling the state office of temporary and disability assist-
ance to fulfill obligations and responsibilities otherwise incumbent
upon the state department of labor, under section one hundred twenty-
four of the federal family support act of nineteen hundred eighty-eight,
and, only if, the office of temporary and disability assistance certi-
fies to the commissioner that such persons are such applicants, recipi-
ents, absent parents or persons legally responsible for support or
persons about whom information has been requested by a public agency of
another jurisdiction or by the federal parent locator service and
further certifies that in the case of information requested under agree-
ments with other jurisdictions entered into pursuant to subdivision
three of section twenty of the social services law, that such request is
in compliance with any applicable federal law. Provided, further, that
where the office of temporary and disability assistance requests employ-
ee information for the purpose of evaluating the effects on earnings of
participation in employment, training or other programs designed to
promote self-sufficiency authorized pursuant to the social services law,
the office of temporary and disability assistance shall only be
furnished with the quarterly gross wages (excluding any reference to the
name, social security number or any other information which could be
used to identify any employee or the name or identification number of
any employer) paid to employees who are former applicants for or FORMER
recipients of public assistance and care and who are so certified to the
commissioner by the commissioner of the office of temporary and disabil-
ity assistance. Provided, further, that with respect to employee infor-
mation, the department of health shall only be furnished with the infor-
mation required pursuant to the provisions of paragraph (f) of
subdivision two and subdivision two-a of section two thousand five
hundred eleven of the public health law and subdivision eight of section
three hundred sixty-six-a and paragraphs (b) and (d) of subdivision two
of section three hundred sixty-nine-ee of the social services law, with
respect to those individuals whose eligibility under the child health
insurance plan, medical assistance program, and family health plus
program is to be determined pursuant to such provisions and with respect
to those members of any such individual's household whose income affects
such individual's eligibility and who are so certified to the commis-
sioner or by the department of health. Provided, further, that wage
reporting information shall be furnished to the office of vocational and
educational services for individuals with disabilities of the education
department, the commission for the blind and visually handicapped and
any other state vocational rehabilitation agency only if such office,
commission or agency, as applicable, certifies to the commissioner that
such information is necessary to obtain reimbursement from the federal
social security administration for expenditures made on behalf of disa-
bled individuals who have achieved self-sufficiency. Reports and returns
shall be preserved for three years and thereafter until the commissioner
orders them to be destroyed.
A. 1476 8
S 5. Paragraph (a) of subdivision 3 of section 171-a of the tax law,
as amended by chapter 304 of the laws of 1990 and redesignated by chap-
ter 818 of the laws of 1990, is amended to read as follows:
(a) Notwithstanding any law to the contrary, the commissioner [of
taxation and finance] shall maintain a cooperative agreement with the
state [department of social services] OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE, which agreement shall provide for the utilization of infor-
mation obtained pursuant to subdivision one hereof, for the purpose of
verifying eligibility for and entitlement to amounts of benefits under
the social services law, locating absent parents or other persons legal-
ly responsible for the support of applicants or recipients of public
assistance and care under the social services law and persons legally
responsible for the support of a recipient of services under section one
hundred eleven-g of the social services law and, in appropriate cases,
establishing support obligations pursuant to the social services law and
the family court act, AND FOR THE PURPOSE OF DETERMINING THE ELIGIBILITY
OF CHILDREN IN THE CARE AND CUSTODY OR CUSTODY AND GUARDIANSHIP OF A
LOCAL COMMISSIONER OF SOCIAL SERVICES, OF A LOCAL DEPARTMENT OF SOCIAL
SERVICES OR OF THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR FEDERAL
PAYMENTS FOR FOSTER CARE AND ADOPTION ASSISTANCE PURSUANT TO THE
PROVISIONS OF TITLE IV-E OF THE FEDERAL SOCIAL SECURITY ACT BY PROVIDING
INFORMATION WITH RESPECT TO THE PARENTS, STEPPARENTS, THE CHILD AND
SIBLINGS OF THE CHILD WHO WERE LIVING IN THE SAME HOUSEHOLD AS SUCH
CHILD DURING THE MONTH THAT THE COURT PROCEEDINGS LEADING TO THE CHILD'S
REMOVAL WERE INITIATED OR THE WRITTEN INSTRUMENT TRANSFERRING CARE AND
CUSTODY OF THE CHILD PURSUANT TO THE PROVISIONS OF SECTION THREE HUNDRED
FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW WAS SIGNED, and for the purpose
of evaluating the effect on earnings of participation in employment or
training programs authorized pursuant to the social services law by
current recipients of public assistance and care and by former recipi-
ents of public assistance and care, such agreement shall further provide
to the degree required by federal law for the commissioner [of taxation
and finance] and the [social services department] STATE OFFICE OF TEMPO-
RARY AND DISABILITY ASSISTANCE to provide information obtained pursuant
to subdivision one of this section to the federal social security admin-
istration or to public agencies in other states which administer
programs under the food stamp act of nineteen hundred seventy-seven or
title I, II, IV-A, IV-D, X, XIV, XVI, or XIX of the federal social secu-
rity act and to take such other steps as may be required by section one
thousand one hundred thirty-seven of the social security act or federal
regulations promulgated thereunder.
S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed 4
years after such date; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such date.