S T A T E O F N E W Y O R K
________________________________________________________________________
9273
I N A S S E M B L Y
February 10, 2016
___________
Introduced by M. of A. MORELLE, PEOPLES-STOKES, COOK, MAGNARELLI, MAYER,
CUSICK, GALEF, GOTTFRIED, STIRPE, MILLER, JEAN-PIERRE, STECK, SIMON,
LINARES, RIVERA -- Multi-Sponsored by -- M. of A. ABINANTI, BRAUN-
STEIN, DILAN, ENGLEBRIGHT, MAGEE -- read once and referred to the
Committee on Judiciary
AN ACT to amend the labor law, the tax law and the social services law,
in relation to jury pools for United States district courts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b of subdivision 3 of section 537 of the labor
law, as amended by chapter 551 of the laws of 2008, is amended to read
as follows:
b. Chief administrator of the courts; commissioners of jurors; county
clerks; CHIEF JUDGES OF UNITED STATES DISTRICT COURTS; CLERKS OF THE
COURT OR JURY ADMINISTRATORS OF THE UNITED STATES DISTRICT COURTS.
(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 judici-
ary 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, 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 commissioner that is consistent with
all federal regulations or requirements governing such disclosures and
guarantees that all necessary steps shall be taken by the chief adminis-
trator of the courts, the commissioners of jurors and the county clerks
to insure that the lists are kept confidential 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 deter-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13454-03-6
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mines that the lists are needed for integration into lists of prospec-
tive jurors in one or more counties.
(II) THE COMMISSIONER SHALL PROVIDE LISTS OF THE NAMES OF PERSONS
RECEIVING UNEMPLOYMENT INSURANCE BENEFITS TO THE CHIEF JUDGE OF ANY
UNITED STATES DISTRICT COURT IN NEW YORK STATE, APPOINTED PURSUANT TO
TITLE TWENTY-EIGHT OF THE UNITED STATES CODE, SECTION ONE HUNDRED THIR-
TY-SIX. THE LISTS SHALL BE PROVIDED FOR THE SOLE PURPOSE OF INTEGRATION
INTO LISTS OF PROSPECTIVE JURORS IN SUCH UNITED STATES DISTRICT COURT.
THE CHIEF JUDGE OF SUCH DISTRICT COURT SHALL UPON REQUEST PROVIDE INFOR-
MATION FROM THE LISTS TO THE CLERK OF THE COURT OR JURY ADMINISTRATOR OF
SUCH UNITED STATES DISTRICT COURT, SOLELY FOR THE PURPOSE OF COMPILING
LISTS OF PROSPECTIVE JURORS FOR SUCH DISTRICT COURT. THE LISTS OF
PERSONS RECEIVING UNEMPLOYMENT INSURANCE BENEFITS SHALL BE PROVIDED ONLY
PURSUANT TO A COOPERATIVE AGREEMENT BETWEEN THE CHIEF JUDGE OF SUCH
DISTRICT COURT AND THE COMMISSIONER THAT IS CONSISTENT WITH ALL FEDERAL
REGULATIONS OR REQUIREMENTS GOVERNING SUCH DISCLOSURES AND GUARANTEES
THAT ALL NECESSARY STEPS SHALL BE TAKEN BY THE CHIEF JUDGE OF THE
DISTRICT COURT, THE CLERK OF THE COURT OR JURY ADMINISTRATOR OF SUCH
DISTRICT COURT TO INSURE THAT THE LISTS ARE KEPT CONFIDENTIAL AND THAT
THERE IS NO UNAUTHORIZED USE OR DISCLOSURE OF SUCH LISTS. FURTHERMORE,
THE LISTS WILL BE PROVIDED ONLY IF THE CHIEF JUDGE OF SUCH DISTRICT
COURT DETERMINES THAT THE LISTS ARE NEEDED FOR INTEGRATION INTO LISTS OF
PROSPECTIVE JURORS IN SUCH DISTRICT.
S 2. Paragraph 3 of subsection (e) of section 697 of the tax law, as
amended by chapter 265 of the laws of 2013, 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 and the enhanced earned income credit under
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 CLERK OF THE COURT OR JURY ADMINISTRATOR OF A
UNITED STATES DISTRICT COURT APPOINTED PURSUANT TO TITLE TWENTY-EIGHT OF
THE UNITED STATES CODE, SECTION 1836(B)(2), of a mailing list of indi-
viduals 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 OR TITLE TWENTY-EIGHT OF THE UNITED
STATES CODE. Provided, however, such delivery shall only be made pursu-
A. 9273 3
ant to an order of the chief administrator of the courts, appointed
pursuant to section two hundred ten of the judiciary law OR AN ORDER OF
A CHIEF JUDGE OF ANY UNITED STATES DISTRICT COURT IN NEW YORK STATE. No
such order may be issued unless such chief administrator OR CHIEF JUDGE
OF SUCH UNITED STATES DISTRICT COURT is satisfied that such mailing list
is needed to compile a proper list of prospective jurors for the county
OR SUCH UNITED STATES DISTRICT COURT 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, OR CLERK OF THE COURT
OR JURY ADMINISTRATOR OF SUCH UNITED STATES DISTRICT COURT shall take
all necessary steps to insure that the list is kept confidential and
that there is no unauthorized use or disclosure of such list. Further-
more, 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 there-
of, or the inspection by the attorney general or other legal represen-
tatives 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 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-
A. 9273 4
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
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 subdi-
vision 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 cred-
ited 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 overpay-
ment 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 over-
payment, 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 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
A. 9273 5
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 identify-
ing data deleted), to the state office of temporary and disability
assistance for the purpose of determining 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 steppar-
ents, 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 pursuant to this subdivision for the
purpose of determining the eligibility of such child for federal
payments for foster care and adoption assistance 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 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 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 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 informa-
tion 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 responsibil-
ities 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
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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
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
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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:
6. The department is directed to seek appropriate approvals from
federal officials to permit commissioners of jurors AND CLERKS OF THE
COURT OR JURY ADMINISTRATORS OF ANY UNITED STATES DISTRICT COURT IN NEW
YORK STATE APPOINTED PURSUANT TO TITLE TWENTY-EIGHT OF THE UNITED STATES
CODE, SECTION 1836(B)(2) in each social services district to obtain the
names and addresses of persons applying for or receiving aid to depend-
ent 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, OR THE CHIEF JUDGE OF ANY UNITED STATES
DISTRICT COURT in New York State APPOINTED PURSUANT TO TITLE
TWENTY-EIGHT OF THE UNITED STATES CODE. 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 OR TITLE TWEN-
TY-EIGHT OF THE UNITED STATES CODE. The chief administrator of the
courts shall upon request provide information from the lists to the
A. 9273 8
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 CHIEF JUDGE OF SUCH UNITED STATES
DISTRICT COURT SHALL MAKE LISTS AVAILABLE TO SUCH CLERK OF THE COURT OR
JURY ADMINISTRATOR OF A UNITED STATES DISTRICT COURT SOLELY FOR THE
PURPOSE OF COMPILING LISTS OF PROSPECTIVE JURORS FOR THE UNITED STATES
DISTRICT COURT. The lists shall be provided only pursuant to a cooper-
ative agreement between the chief administrator of the courts OR, IN THE
CASE OF A UNITED STATES DISTRICT COURT, THE CHIEF JUDGE OF SUCH UNITED
STATES DISTRICT COURT and the commissioner that guarantees that all
necessary steps shall be taken by the chief administrator of the courts,
THE CHIEF JUDGE OF SUCH UNITED STATES DISTRICT COURT, the commissioners
of jurors and the county clerks OR THE CLERK OF THE COURT OR JURY ADMIN-
ISTRATOR OR COURT CLERK OF THE UNITED STATES DISTRICT COURT to ensure
that the lists are kept confidential 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 OR THE CHIEF JUDGE OF THE
UNITED STATES DISTRICT COURT determines that the lists are needed for
integration into lists of prospective jurors in one or more counties OR
THE DISTRICT OF SUCH UNITED STATES DISTRICT COURT. Commissioners of
jurors and county clerks, AND CLERKS OF THE COURT OR JURY ADMINISTRATORS
OR CLERK OF ANY UNITED STATES DISTRICT COURT 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.