LBD13136-01-3
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subsection (d-1) 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 prop-
er 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 neces-
sary to calculate such qualified state expenditures or to document the
proper expenditure of such federal temporary assistance for needy fami-
lies 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, OR TO THE JURY COMMISSION OR COURT CLERK OF A UNITED
STATES DISTRICT COURT APPOINTED PURSUANT TO TITLE TWENTY-EIGHT OF THE
UNITED STATES CODE, SECTION 1863(B)(1), of a mailing list of individuals
to whom income tax forms are mailed by the commissioner 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 prospective jurors and that
such commissioner of jurors, or such county clerk, shall take all neces-
sary steps to insure that the list is kept confidential 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 certified 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 or review the tax
based thereon, or against whom an action or proceeding under this chap-
ter 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 designated 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
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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 commis-
sioner 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 pursu-
ant 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 regarding newly hired or re-hired employees
pursuant to section one hundred seventy-one-h of this chapter to the
state office of temporary and disability assistance, the state depart-
ment of health, the state department of labor and the workers' compen-
sation board for purposes of administration of the child support
enforcement program, verification of individuals' 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 comp-
troller to be credited against past-due support pursuant to section one
hundred seventy-one-c of this chapter and of the name and social securi-
ty 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 overpay-
ment, or the furnishing to the New York state higher education services
corporation of 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 any education loan debt, including judg-
ments, owed to the federal or New York state government 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 subdivision 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 repay-
A. 8856 4
ment of a state university loan pursuant to section one hundred seven-
ty-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, pursu-
ant to section one hundred seventy-one-a of this chapter, as added by
chapter five hundred forty-five of the laws of nineteen hundred seven-
ty-eight, to the state office of temporary and disability assistance,
the department of health or to the state office of the medicaid inspec-
tor general for the purpose of verifying eligibility 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-suffici-
ency authorized pursuant to the social services law by current recipi-
ents of public assistance and care and by former applicants and recipi-
ents 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), to the state
office of temporary and disability assistance for the purpose of deter-
mining the eligibility of any child in the custody, care and custody or
custody and guardianship of a local social services district 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, the stepparents, the child and the 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 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 or three hundred eighty-four-a of the social
services law was signed, provided however that the office of temporary
and disability assistance shall only use the information obtained pursu-
ant to this subdivision for the purpose of determining the eligibility
of such child for federal payments for foster care and adoption assist-
ance pursuant to the provisions of title IV-E of the federal social
security act, and to the state department of labor, or other individuals
designated by the commissioner of labor, for the purpose of the adminis-
tration 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-
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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
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 any other state voca-
tional 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 education 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, or to the
office of the state comptroller for purposes of verifying the income of
a retired member of a retirement system or pension plan administered by
the state or any of its political subdivisions who returns to public
employment.
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 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) 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 another jurisdiction (pursuant to an agreement under subdivi-
sion 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 about whom wage reporting system information is being
A. 8856 6
furnished 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, or (E) employees about whom wage reporting
system information is being furnished to the federal parent locator
service, maintained by the federal department of health and human
services, for the purpose of enabling the state office of temporary and
disability assistance to fulfill obligations and responsibilities other-
wise 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 disabil-
ity assistance certifies to the commissioner that such persons are such
applicants, recipients, 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 agreements 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 employee 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 refer-
ence 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 recipients of public assistance and care and who are so certified to
the commissioner by the commissioner of the office of temporary and
disability assistance. Provided, further, that with respect to employee
information, the department of health shall only be furnished with the
information 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 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 disabled 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.
S 3. Subdivision 6 of section 20 of the social services law, as added
by chapter 442 of the laws of 1994, is amended to read as follows:
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6. The department is directed to seek appropriate approvals from
federal officials to permit commissioners of jurors in each social
services district to obtain the names and addresses of persons applying
for or receiving aid to dependent children, medicaid, or home relief
authorized by this chapter for purposes of identifying prospective
jurors. Upon receiving such approval or upon determining that no
approval is necessary, notwithstanding sections one hundred thirty-six
and three hundred sixty-nine of this chapter, the department shall
provide lists of such persons 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 into lists
of prospective jurors as provided by section five hundred six of the
judiciary law. 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, OR TO THE JURY COMMISSION OR
COURT CLERK OF A UNITED STATES DISTRICT COURT APPOINTED PURSUANT TO
TITLE TWENTY-EIGHT OF THE UNITED STATES CODES, SECTION 1863(B)(1), sole-
ly for the purpose of compiling lists of prospective jurors for the
appropriate county. The lists shall be provided only pursuant to a coop-
erative agreement between the chief administrator of the courts and the
commissioner that guarantees that all necessary steps shall be taken by
the chief administrator of the courts, the commissioners of jurors and
the county clerks to ensure that the lists are kept confidential and
that there is no unauthorized use or disclosure of such lists. Further-
more, 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. Commissioners of jurors
and county clerks receiving such lists shall not use any information
derived from such [list] LISTS for any purpose other than for the
selection of jurors and shall take appropriate steps to see that the
confidentiality of such information is maintained.
S 4. This act shall take effect immediately.