LBD09483-01-1
S. 5250 2
DEPENDED, DURING A STATE OF EMERGENCY DECLARED BY THE GOVERNOR, PROVIDED
THAT NO OTHER INDIVIDUAL IN THE HOUSEHOLD IS RECEIVING BENEFITS PURSUANT
TO THIS ARTICLE FOR THE SAME MONTH FOR THE SAME REASON. SUCH BENEFITS
SHALL ONLY BE ACCESSED DURING CALENDAR QUARTERS DURING WHICH THE U.S.
BUREAU OF LABOR STATISTICS REPORTS A SEASONALLY ADJUSTED UNEMPLOYMENT
RATE OF SIX PERCENT OR MORE IN THE STATE; OR
(II) WAS RELEASED FROM POST-ARRAIGNMENT INCARCERATION OR DETENTION OR
FROM IMMIGRATION DETENTION ON OR AFTER OCTOBER FIRST, TWO THOUSAND NINE-
TEEN.
§ 2. The workers' compensation law is amended by adding a new section
207-a to read as follows:
§ 207-A. WORKERS EXCLUDED FROM UNEMPLOYMENT INSURANCE BENEFITS. 1.
ELIGIBILITY. EXCLUDED WORKERS AS DEFINED IN THIS ARTICLE SHALL BE ELIGI-
BLE FOR BENEFITS UNDER THIS SECTION IN THE SAME MANNER AS IF THEY WERE
RECEIVING DISABILITY BENEFITS UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION TWO HUNDRED FOUR OF THIS ARTICLE, AND THE WEEKLY BENEFIT OF AN
EXCLUDED WORKER SHALL BE COMPUTED IN THE SAME MANNER AS PROVIDED IN SUCH
PARAGRAPH (B), AND THE BENEFITS SUCH WORKER IS ENTITLED TO RECEIVE SHALL
BE SUBJECT TO THE LIMITATIONS AS TO MAXIMUM AND MINIMUM AMOUNTS AND
DURATION AND OTHER CONDITIONS AND LIMITATIONS PRESCRIBED IN SECTIONS TWO
HUNDRED FOUR, TWO HUNDRED FIVE AND TWO HUNDRED SIX OF THIS ARTICLE.
2. PAYMENT OF BENEFITS. (A) THE BENEFITS PAYABLE UNDER THIS SECTION
SHALL BE SUBJECT TO THE PROVISIONS AND LIMITATIONS GENERALLY APPLICABLE
TO DISABILITY BENEFITS PAYABLE UNDER THIS ARTICLE, AND SHALL BE PAID BY
THE CHAIR OUT OF ANY ASSETS IN THE FUND CREATED BY SECTION TWO HUNDRED
FOURTEEN-A OF THIS ARTICLE, PROVIDED, HOWEVER, THAT PAYMENTS SHALL NOT
BE SUBJECT TO THE PROVISIONS OF SECTION TWELVE OF THIS CHAPTER OR PARA-
GRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTI-
CLE.
(B) PAYMENTS SHALL CONTINUE UNTIL THE LAST DAY OF ANY CALENDAR QUARTER
DURING WHICH THE U.S. BUREAU OF LABOR STATISTICS REPORTS A SEASONALLY
ADJUSTED UNEMPLOYMENT RATE OF SIX PERCENT OR MORE IN THE STATE.
(C) (I) PAYMENTS SHALL BE RETROACTIVE TO THE FIRST DATE OF EARNINGS
LOSS DURING THE STATE DISASTER EMERGENCY DECLARED BY EXECUTIVE ORDER TWO
HUNDRED TWO THAT BEGAN ON MARCH SEVENTH, TWO THOUSAND TWENTY OR APRIL
FIRST, TWO THOUSAND TWENTY, WHICHEVER OCCURS LATER, AND ANY RETROACTIVE
BENEFITS ACCRUED TO ANY SUCH EXCLUDED WORKER AS OF THE DATE ON WHICH
SUCH EXCLUDED WORKER IS FIRST PAID BENEFITS UNDER THIS SECTION BY REASON
OF THIS SUBPARAGRAPH SHALL BE PAID IN FULL ON SUCH DATE ON WHICH THE
FIRST BENEFIT IS PAID; AND
(II) BENEFITS SHALL NOT BE AVAILABLE TO ANY EXCLUDED WORKER IF SUCH
EXCLUDED WORKER'S GROSS WORK-RELATED EARNINGS RECEIVED IN THE PREVIOUS
CALENDAR MONTH EXCEEDED TWO THOUSAND ONE HUNDRED EIGHTY-TWO DOLLARS.
(D) THE CHAIR MAY ALSO BY REGULATION ESTABLISH REASONABLE PROCEDURES
FOR DETERMINING PRO RATA BENEFITS PAYABLE WITH RESPECT TO PERIODS OF
ELIGIBILITY OF LESS THAN ONE WEEK.
3. APPLICATION FOR BENEFITS. (A) NOTWITHSTANDING ANYTHING IN THIS
CHAPTER TO THE CONTRARY, EACH INDIVIDUAL ELIGIBLE FOR BENEFITS PURSUANT
TO SUBDIVISION ONE OF THIS SECTION SHALL MAKE APPLICATION TO THE CHAIR
IN SUCH FORM AND AT SUCH TIME AS THE CHAIRPERSON MAY PRESCRIBE, WHICH
APPLICATION SHALL INCLUDE AT LEAST TWO OF THE FOLLOWING:
(I) PRIMARY PROOF OF IDENTITY INCLUDING, BUT NOT LIMITED TO, A DRIV-
ER'S LICENSE, MOTOR VEHICLE IDENTIFICATION CARD NUMBER, VALID FOREIGN
DRIVER'S LICENSE THAT INCLUDES A PHOTO IMAGE OF THE APPLICANT AND WHICH
IS UNEXPIRED OR EXPIRED FOR LESS THAN TWENTY-FOUR MONTHS OF ITS DATE OF
EXPIRATION, NEW YORK STATE IDENTIFICATION, IDNYC OR OTHER NEW YORK
S. 5250 3
MUNICIPAL OR COUNTY IDENTIFICATION CARD, STUDENT IDENTIFICATION CARD,
VALID UNEXPIRED FOREIGN PASSPORT ISSUED BY THE APPLICANT'S COUNTRY OF
CITIZENSHIP, OR VALID UNEXPIRED CONSULAR IDENTIFICATION DOCUMENT ISSUED
BY A CONSULATE FROM THE APPLICANT'S COUNTRY OF CITIZENSHIP. NOTHING
CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO PRECLUDE THE COMMIS-
SIONER FROM APPROVING ADDITIONAL PROOFS OF IDENTITY;
(II) SOCIAL SECURITY NUMBER OR, IN LIEU THEREOF, AN INDIVIDUAL TAXPAY-
ER IDENTIFICATION NUMBER OR A UNITED STATES CITIZENSHIP AND IMMIGRATION
SERVICES NUMBER;
(III) NAMES AND ADDRESSES OF ALL EMPLOYERS AND/OR HIRING PARTIES, IN
AND OUT OF THE STATE, FOR THE LAST EIGHTEEN MONTHS TO THE EXTENT THAT
SUCH INFORMATION IS AVAILABLE TO THE APPLICANT; OR
(IV) MAILING ADDRESS AND ZIP CODE.
(B) APPLICATION FORMS PRESCRIBED BY THE CHAIR SHALL NOT STATE (I) THE
DOCUMENTS AN APPLICANT USED TO PROVE IDENTITY; (II) AN APPLICANT'S INEL-
IGIBILITY FOR A SOCIAL SECURITY NUMBER, WHERE APPLICABLE; OR (III) AN
APPLICANT'S CITIZENSHIP OR IMMIGRATION STATUS.
(C) PROOF OF ELIGIBILITY MAY BE ESTABLISHED BY DOCUMENTATION OR, IN
THE ABSENCE OF DOCUMENTATION, BY SELF-ATTESTATION.
(D) APPLICANTS SHALL NOT BE REQUIRED TO PROVE THAT THEY ARE LAWFULLY
PRESENT IN THE UNITED STATES.
4. ANY INDIVIDUAL CLAIMING BENEFITS UNDER THIS SECTION WHOSE CLAIM IS
REJECTED IN WHOLE OR IN PART BY THE CHAIR SHALL BE ENTITLED TO REQUEST A
REVIEW OF SUCH CLAIM. THE REVIEW SHALL BE CONDUCTED BY A SINGLE ARBITRA-
TOR PROCESS, PURSUANT TO RULES PROMULGATED BY THE CHAIR, AND A DECISION
ON REVIEW OF THE REJECTED CLAIM SHALL BE DECIDED PURSUANT TO SUCH SINGLE
ARBITRATOR PROCESS. DECISIONS RENDERED UNDER THE SINGLE ARBITRATOR PROC-
ESS SHALL BE CONCLUSIVE UPON THE PARTIES.
§ 3. The workers' compensation law is amended by adding a new section
214-a to read as follows:
§ 214-A. SPECIAL FUND FOR EXCLUDED WORKERS. THERE IS HEREBY CREATED A
FUND WHICH SHALL BE KNOWN AS THE SPECIAL FUND FOR EXCLUDED WORKERS, TO
PROVIDE FOR THE PAYMENT OF DISABILITY BENEFITS UNDER SECTION TWO HUNDRED
SEVEN-A OF THIS ARTICLE.
1. THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE CHAIR
SHALL ASSESS AND COLLECT AN AMOUNT EQUAL TO ONE BILLION DOLLARS. SUCH
ASSESSMENT SHALL BE IN ADDITION TO THE ASSESSMENT RATE ESTABLISHED
PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS
CHAPTER. SUCH ASSESSMENT SHALL BE DEPOSITED WITH THE COMMISSIONER OF
TAXATION AND FINANCE AND TRANSFERRED TO THE BENEFIT OF SUCH FUND UPON
PAYMENT OF DEBT SERVICE, IF ANY, PURSUANT TO SECTION ONE HUNDRED FIFTY-
ONE OF THIS CHAPTER.
2. WHENEVER THE NET ASSETS OF THE FUND SHALL BE LESS THAN FIFTY
MILLION DOLLARS AND THE CLAIMS CURRENTLY BEING PAID SHALL INDICATE THE
NECESSITY OF SUPPLEMENTING THE ASSETS OF THE FUND THE CHAIR MAY TRANSFER
FROM MONIES COLLECTED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED
FIFTY-ONE OF THIS CHAPTER AN AMOUNT SUFFICIENT IN THE DISCRETION OF THE
CHAIR FOR THE NEEDS OF THE FUND, BUT NOT IN EXCESS OF AN AMOUNT SUFFI-
CIENT TO RESTORE THE FUND TO FIFTY MILLION DOLLARS.
3. ALL CONTRIBUTIONS AND ASSESSMENTS RECEIVED BY THE CHAIR UNDER THE
PROVISIONS OF THIS SECTION SHALL BE CREDITED TO THE FUND HEREIN ESTAB-
LISHED AND DEPOSITED BY THE CHAIR TO THE CREDIT OF THE COMMISSIONER OF
TAXATION AND FINANCE FOR THE BENEFIT OF THE FUND. THE SUPERINTENDENT OF
FINANCIAL SERVICES MAY EXAMINE INTO THE CONDITION OF THE FUND AT ANY
TIME ON HIS OWN INITIATIVE OR UPON THE REQUEST OF THE CHAIR.
S. 5250 4
4. MONEYS OF THE FUND SHALL NOT BE USED IN WHOLE OR IN PART FOR ANY
PURPOSE OR IN ANY MANNER WHICH (A) WOULD PERMIT ITS SUBSTITUTION FOR, OR
A CORRESPONDING REDUCTION IN, FEDERAL FUNDS THAT WOULD BE AVAILABLE IN
ITS ABSENCE TO FINANCE EXPENDITURES FOR THE ADMINISTRATION OF THIS ARTI-
CLE; OR (B) WOULD CAUSE THE APPROPRIATE AGENCY OF THE UNITED STATES
GOVERNMENT TO WITHHOLD ANY PART OF AN ADMINISTRATIVE GRANT WHICH WOULD
OTHERWISE BE MADE.
§ 4. Subdivisions 1, 2 and 3 of section 151 of the workers' compen-
sation law, subdivisions 1 and 2 as added by section 22 of part GG of
chapter 57 of the laws of 2013, subdivision 3 as amended by section 1 of
subpart J of part NNN of chapter 59 of the laws of 2017, are amended to
read as follows:
1. The annual expenses necessary for the board to administer the
provisions of this chapter, the volunteer ambulance workers' benefit
law, the volunteer firefighters' benefit law, the disability benefits
law, and the workmen's compensation act for civil defense volunteers
shall be borne by affected employers securing compensation for their
employees pursuant to section fifty of this chapter. The board shall
collect such annual expenses from affected employers through assessments
as provided by the provisions of this section, including for purposes of
this subdivision: (a) the aggregate assessment amount described in
subparagraph four of paragraph (h) of subdivision eight of section
fifteen of this chapter for the special disability fund in accordance
with each financing agreement described in such subparagraph, (b) the
aggregate assessment amount described in section fifty-c of this chapter
for the self-insurer offset fund in accordance with each financing
agreement described in such section, (c) the assessment amount described
in subdivision three of section twenty-five-a of this chapter for the
fund for reopened cases [and], (d) the assessment amount described in
section two hundred fourteen of this chapter for the special fund for
disability benefits, AND (E) THE ASSESSMENT AMOUNT DESCRIBED IN SECTION
TWO HUNDRED FOURTEEN-A OF THIS CHAPTER FOR THE SPECIAL FUND FOR EXCLUDED
WORKERS; provided, that the foregoing and any other provision of this
chapter to the contrary notwithstanding, assessment receipts shall be
applied first to fully fund the amount described in subparagraph four of
paragraph (h) of subdivision eight of section fifteen of this chapter
and then to fully fund the amount described in section fifty-c of this
chapter in accordance with each then applicable financing agreement
pursuant to such provisions prior to application to any other purpose
other than to pay any actual costs of collecting such assessment that
are not otherwise funded. For purposes of this section, affected employ-
er means all employers required to obtain workers' compensation coverage
pursuant to this chapter.
2. On the first day of November, two thousand thirteen, and annually
thereafter, the chair shall establish an assessment rate for all
affected employers in the state of New York in an amount expected to be
sufficient to produce assessment receipts at least sufficient to fund
all estimated annual expenses pursuant to subdivision one of this
section except those expenses for which an assessment is authorized for
self-insurance pursuant to subdivision five of section fifty of this
chapter. Such rate shall be assessed effective the first of January of
the succeeding year and shall be based upon a single methodology deter-
mined by the chair; PROVIDED, HOWEVER, THAT FOR ASSESSMENTS FOR THE
SPECIAL FUND FOR EXCLUDED WORKERS UNDER SECTION TWO HUNDRED FOURTEEN-A
OF THIS CHAPTER THE CHAIR SHALL ESTABLISH ASSESSMENT RATES AS FOLLOWS:
(A) NINETY PERCENT OF THE TOTAL ASSESSMENT SHALL BE BORNE BY EMPLOYERS
S. 5250 5
SUBJECT TO THIS ASSESSMENT EMPLOYING FIVE HUNDRED OR MORE EMPLOYEES, IN
AN AMOUNT PER SUCH EMPLOYER EQUAL TO THE AGGREGATE AMOUNT BORNE BY ALL
SUCH EMPLOYERS MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS THE
NUMBER OF EMPLOYEES EMPLOYED BY SUCH EMPLOYER AND THE DENOMINATOR OF
WHICH IS THE AGGREGATE NUMBER OF EMPLOYEES EMPLOYED BY ALL EMPLOYERS
EMPLOYING FIVE HUNDRED OR MORE EMPLOYEES SUBJECT TO THIS ASSESSMENT, AS
DETERMINED BY THE BOARD, (B) FIVE PERCENT OF THE TOTAL ASSESSMENT SHALL
BE BORNE BY EMPLOYERS SUBJECT TO THIS ASSESSMENT EMPLOYING MORE THAN
NINETY-NINE BUT FEWER THAN FIVE HUNDRED EMPLOYEES, IN AN AMOUNT PER SUCH
EMPLOYER EQUAL TO THE AGGREGATE AMOUNT BORNE BY ALL SUCH EMPLOYERS
MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS THE NUMBER OF
EMPLOYEES EMPLOYED BY SUCH EMPLOYER AND THE DENOMINATOR OF WHICH IS THE
AGGREGATE NUMBER OF EMPLOYEES EMPLOYED BY ALL EMPLOYERS SUBJECT TO THIS
ASSESSMENT EMPLOYING MORE THAN NINETY-NINE BUT FEWER THAN FIVE HUNDRED
EMPLOYEES, AS DETERMINED BY THE BOARD, (C) TWO AND ONE-HALF PERCENT OF
THE TOTAL ASSESSMENT SHALL BE BORNE BY EMPLOYERS SUBJECT TO THIS ASSESS-
MENT EMPLOYING MORE THAN TEN BUT FEWER THAN ONE HUNDRED EMPLOYEES, IN AN
AMOUNT PER SUCH EMPLOYER EQUAL TO THE AGGREGATE AMOUNT BORNE BY ALL SUCH
EMPLOYERS MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS THE NUMBER
OF EMPLOYEES EMPLOYED BY SUCH EMPLOYER AND THE DENOMINATOR OF WHICH IS
THE AGGREGATE NUMBER OF EMPLOYEES EMPLOYED BY ALL EMPLOYERS SUBJECT TO
THIS ASSESSMENT EMPLOYING MORE THAN TEN BUT FEWER THAN ONE HUNDRED
EMPLOYEES, AS DETERMINED BY THE BOARD, AND (D) TWO AND ONE-HALF PERCENT
OF THE TOTAL ASSESSMENT SHALL BE BORNE BY EMPLOYERS SUBJECT TO THIS
ASSESSMENT EMPLOYING FEWER THAN TEN EMPLOYEES, IN AN AMOUNT PER SUCH
EMPLOYER EQUAL TO THE AGGREGATE AMOUNT BORNE BY ALL SUCH EMPLOYERS
MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS THE NUMBER OF
EMPLOYEES EMPLOYED BY SUCH EMPLOYER AND THE DENOMINATOR OF WHICH IS THE
AGGREGATE NUMBER OF EMPLOYEES EMPLOYED BY ALL EMPLOYERS SUBJECT TO THIS
ASSESSMENT EMPLOYING FEWER THAN TEN EMPLOYEES, AS DETERMINED BY THE
BOARD. The chair may also establish an additional assessment rate, not
to exceed thirty percent of annual premiums, for those affected employ-
ers who are in default in the payment of their compensation pursuant to
subparagraph (b) of paragraph seven of subdivision three-a of section
[50] FIFTY of this chapter. Such additional assessment shall be
collected and remitted to the chair consistent with subdivisions four
and five of this section. The chair shall make available for public
inspection an itemized statement of the estimated annual expenses in the
office of the board for thirty days immediately after the rate is estab-
lished.
3. The chair and department of audit and control annually as soon as
practicable after the first of April of each year shall ascertain the
actual total amount of expenses, including in addition to the direct
costs of personal service, the cost of maintenance and operation, the
cost of retirement contributions made and workers' compensation premiums
paid by the state for or on account of personnel, rentals for space
occupied in state owned or state leased buildings, such additional sum
as may be certified to the chair and the department of audit and control
as a reasonable compensation for services rendered by the department of
law and expenses incurred by such department, for transfer into the
training and educational program on occupational safety and health fund
created pursuant to chapter eight hundred eighty-six of the laws of
nineteen hundred eighty-five and section ninety-seven-c of the state
finance law, for the New York state occupational health clinics network,
for the department of labor occupational safety and health program and
for transfer into the uninsured employers' fund pursuant to subdivision
S. 5250 6
two of section twenty-six-a of this chapter, and all other direct or
indirect costs, incurred by the board in connection with the adminis-
tration of this chapter, except those expenses for which an assessment
is authorized for self-insurance pursuant to subdivision five of section
fifty of this chapter. Assessments pursuant to subparagraph four of
paragraph (h) of subdivision eight of section fifteen of this chapter
for the special disability fund, pursuant to section fifty-c of this
chapter for the self insurer offset fund, pursuant to subdivision three
of section twenty-five-a of this chapter for the fund for reopened
cases, [and] pursuant to section two hundred fourteen of this chapter
for the special fund for disability benefits, AND PURSUANT TO SECTION
TWO HUNDRED FOURTEEN-A OF THIS CHAPTER FOR THE SPECIAL FUND FOR EXCLUDED
WORKERS, shall be included in the total amount of expenses for the
purposes of this subdivision. Any overpayment of annual assessments
resulting from the requirements of this subdivision shall be applied as
a credit against the future assessment rate provided the fund balance
shall not be reduced below five percent of the total amount assessed.
§ 5. The workers' compensation law is amended by adding a new section
110-aa to read as follows:
§ 110-AA. CONFIDENTIALITY OF EXCLUDED WORKERS' RECORDS. 1.
RESTRICTIONS ON DISCLOSURE. (A) EXCEPT WHERE NECESSARY TO COMPLY WITH A
LAWFUL COURT ORDER, JUDICIAL WARRANT SIGNED BY A JUDGE APPOINTED PURSU-
ANT TO ARTICLE III OF THE UNITED STATES CONSTITUTION, OR SUBPOENA FOR
INDIVIDUAL RECORDS ISSUED PURSUANT TO THE CRIMINAL PROCEDURE LAW OR THE
CIVIL PRACTICE LAW AND RULES, OR IN ACCORDANCE WITH SUBDIVISION TWO OR
THREE OF THIS SECTION, NO RECORD OR PORTION THEREOF RELATING TO A CLAIM-
ANT OR WORKER WHO HAS FILED A CLAIM FOR BENEFITS PURSUANT TO SECTION TWO
HUNDRED SEVEN-A OF THIS CHAPTER IS A PUBLIC RECORD AND NO SUCH RECORD
SHALL BE DISCLOSED, REDISCLOSED, RELEASED, DISSEMINATED OR OTHERWISE
PUBLISHED OR MADE AVAILABLE.
(B) FOR PURPOSES OF THIS SECTION:
(I) "RECORD" MEANS A CLAIM FILE, A FILE REGARDING A COMPLAINT OR
CIRCUMSTANCES FOR WHICH NO CLAIM HAS BEEN MADE, AND/OR ANY RECORDS MAIN-
TAINED BY THE BOARD IN ELECTRONIC DATABASES IN WHICH INDIVIDUAL CLAIM-
ANTS OR WORKERS ARE IDENTIFIABLE, OR ANY OTHER INFORMATION RELATING TO
ANY PERSON WHO HAS HERETOFORE OR HEREAFTER FILED A CLAIM FOR BENEFITS
PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THIS CHAPTER, INCLUDING A
COPY OR ORAL DESCRIPTION OF A RECORD WHICH IS OR WAS IN THE POSSESSION
OR CUSTODY OF THE BOARD, ITS OFFICERS, MEMBERS, EMPLOYEES OR AGENTS.
(II) "PERSON" MEANS ANY NATURAL PERSON, CORPORATION, ASSOCIATION,
PARTNERSHIP, OR OTHER PUBLIC OR PRIVATE ENTITY.
(III) "INDIVIDUALLY IDENTIFIABLE INFORMATION" MEANS ANY DATA CONCERN-
ING ANY CLAIM OR POTENTIAL CLAIM THAT IS LINKED TO AN IDENTIFIABLE WORK-
ER OR OTHER NATURAL PERSON, INCLUDING BUT NOT LIMITED TO A PHOTO IMAGE,
SOCIAL SECURITY NUMBER OR TAX IDENTIFICATION NUMBER, TELEPHONE NUMBER,
PLACE OF BIRTH, COUNTRY OF ORIGIN, PLACE OF EMPLOYMENT, SCHOOL OR EDUCA-
TIONAL INSTITUTION ATTENDED, SOURCE OF INCOME, STATUS AS A RECIPIENT OF
PUBLIC BENEFITS, A CUSTOMER IDENTIFICATION NUMBER ASSOCIATED WITH A
PUBLIC UTILITIES ACCOUNT, OR MEDICAL OR DISABILITY INFORMATION.
2. AUTHORIZED DISCLOSURE. RECORDS WHICH CONTAIN INDIVIDUALLY IDENTIFI-
ABLE INFORMATION MAY, UNLESS OTHERWISE PROHIBITED BY LAW, BE DISCLOSED
TO:
(A) THOSE OFFICERS, MEMBERS AND EMPLOYEES OF THE BOARD IF SUCH DISCLO-
SURE IS NECESSARY TO THE PERFORMANCE OF THEIR OFFICIAL DUTIES PURSUANT
TO A PURPOSE OF THE BOARD REQUIRED TO BE ACCOMPLISHED BY STATUTE OR
EXECUTIVE ORDER OR OTHERWISE NECESSARY TO ACT UPON AN APPLICATION FOR
S. 5250 7
BENEFITS SUBMITTED BY THE PERSON WHO IS THE SUBJECT OF THE PARTICULAR
RECORD;
(B) OFFICERS OR EMPLOYEES OF ANOTHER GOVERNMENTAL UNIT, OR AGENTS
AND/OR CONTRACTORS OF THE GOVERNMENTAL UNIT AT THE REQUEST AND/OR DIREC-
TION OF THE GOVERNMENTAL UNIT, IF THE INFORMATION SOUGHT TO BE DISCLOSED
IS NECESSARY TO ACT UPON AN APPLICATION FOR BENEFITS SUBMITTED BY THE
PERSON WHO IS THE SUBJECT OF THE PARTICULAR RECORD;
(C) A JUDICIAL OR ADMINISTRATIVE OFFICER OR EMPLOYEE IN CONNECTION
WITH AN ADMINISTRATIVE OR JUDICIAL PROCEEDING IF THE INFORMATION SOUGHT
TO BE DISCLOSED IS NECESSARY TO ACT UPON AN APPLICATION FOR BENEFITS
SUBMITTED BY THE PERSON WHO IS THE SUBJECT OF THE PARTICULAR RECORD; AND
(D) A PERSON ENGAGED IN BONA FIDE STATISTICAL RESEARCH, INCLUDING BUT
NOT LIMITED TO ACTUARIAL STUDIES AND HEALTH AND SAFETY INVESTIGATIONS,
WHICH ARE AUTHORIZED BY STATUTE OR REGULATION OF THE BOARD OR OTHER
GOVERNMENTAL AGENCY. INDIVIDUALLY IDENTIFIABLE INFORMATION SHALL NOT BE
DISCLOSED UNLESS THE RESEARCHER HAS ENTERED INTO AN AGREEMENT NOT TO
DISCLOSE ANY INDIVIDUALLY IDENTIFIABLE INFORMATION WHICH CONTAINS
RESTRICTIONS NO LESS RESTRICTIVE THAN THE RESTRICTIONS SET FORTH IN THIS
SECTION AND WHICH INCLUDES AN AGREEMENT THAT ANY RESEARCH FINDINGS WILL
NOT DISCLOSE INDIVIDUALLY IDENTIFIABLE INFORMATION.
3. INDIVIDUAL AUTHORIZATION. NOTWITHSTANDING THE RESTRICTIONS ON
DISCLOSURE SET FORTH UNDER SUBDIVISION ONE OF THIS SECTION, A PERSON WHO
IS THE SUBJECT OF A WORKERS' COMPENSATION RECORD MAY AUTHORIZE THE
RELEASE, RE-RELEASE OR PUBLICATION OF HIS OR HER RECORD TO A SPECIFIC
PERSON NOT OTHERWISE AUTHORIZED TO RECEIVE SUCH RECORD, BY SUBMITTING
WRITTEN AUTHORIZATION FOR SUCH RELEASE TO THE BOARD ON A FORM PRESCRIBED
BY THE CHAIR OR BY A NOTARIZED ORIGINAL AUTHORIZATION SPECIFICALLY
DIRECTING THE BOARD TO RELEASE WORKERS' COMPENSATION RECORDS TO SUCH
PERSON. HOWEVER, IN ACCORDANCE WITH SECTION ONE HUNDRED TWENTY-FIVE OF
THIS ARTICLE, NO SUCH AUTHORIZATION DIRECTING DISCLOSURE OF RECORDS TO A
PROSPECTIVE EMPLOYER SHALL BE VALID; NOR SHALL AN AUTHORIZATION PERMIT-
TING DISCLOSURE OF RECORDS IN CONNECTION WITH ASSESSING FITNESS OR CAPA-
BILITY FOR EMPLOYMENT BE VALID, AND NO DISCLOSURE OF RECORDS SHALL BE
MADE PURSUANT THERETO. IT SHALL BE UNLAWFUL FOR ANY PERSON TO CONSIDER
FOR THE PURPOSE OF ASSESSING ELIGIBILITY FOR A BENEFIT, OR AS THE BASIS
FOR AN EMPLOYMENT-RELATED ACTION, AN INDIVIDUAL'S FAILURE TO PROVIDE
AUTHORIZATION UNDER THIS SUBDIVISION.
4. FOR THE PURPOSES OF THIS SECTION, WHENEVER DISCLOSURE OF RECORDS IS
SOUGHT PURSUANT TO A LAWFUL COURT ORDER, JUDICIAL WARRANT, OR SUBPOENA
FOR INDIVIDUAL RECORDS PROPERLY ISSUED PURSUANT TO THE CRIMINAL PROCE-
DURE LAW OR THE CIVIL PRACTICE LAW AND RULES OR PURSUANT TO SUBDIVISION
TWO OR THREE OF THIS SECTION, ONLY THOSE RECORDS, DOCUMENTS, AND INFOR-
MATION SPECIFICALLY SOUGHT MAY BE DISCLOSED, AND ANY SUCH DISCLOSURE
SHALL BE LIMITED TO SUCH RECORDS AS ARE NECESSARY TO FULFILL THE PURPOSE
OF SUCH DISCLOSURE.
5. THE CHAIR SHALL REQUIRE ANY PERSON OR ENTITY THAT RECEIVES OR HAS
ACCESS TO RECORDS TO CERTIFY TO THE CHAIR THAT, BEFORE SUCH RECEIPT OR
ACCESS, SUCH PERSON OR ENTITY SHALL NOT:
(A) USE SUCH RECORDS OR INFORMATION FOR CIVIL IMMIGRATION PURPOSES; OR
(B) DISCLOSE SUCH RECORDS OR INFORMATION TO ANY AGENCY THAT PRIMARILY
ENFORCES IMMIGRATION LAW OR TO ANY EMPLOYEE OR AGENT OF ANY SUCH AGENCY
UNLESS SUCH DISCLOSURE IS PURSUANT TO A COOPERATIVE ARRANGEMENT BETWEEN
CITY, STATE AND FEDERAL AGENCIES WHICH ARRANGEMENT DOES NOT ENFORCE
IMMIGRATION LAW AND WHICH DISCLOSURE IS LIMITED TO THE SPECIFIC RECORDS
OR INFORMATION BEING SOUGHT PURSUANT TO SUCH ARRANGEMENT. VIOLATION OF
SUCH CERTIFICATION SHALL BE A CLASS A MISDEMEANOR. IN ADDITION TO ANY
S. 5250 8
RECORDS REQUIRED TO BE KEPT PURSUANT TO SUBDIVISION (C) OF SECTION 2721
OF TITLE 18 OF THE UNITED STATES CODE, ANY PERSON OR ENTITY CERTIFYING
PURSUANT TO THIS PARAGRAPH SHALL KEEP FOR A PERIOD OF FIVE YEARS RECORDS
OF ALL USES AND IDENTIFYING EACH PERSON OR ENTITY THAT PRIMARILY
ENFORCES IMMIGRATION LAW THAT RECEIVED DEPARTMENT RECORDS OR INFORMATION
FROM SUCH CERTIFYING PERSON OR ENTITY. SUCH RECORDS SHALL BE MAINTAINED
IN A MANNER AND FORM PRESCRIBED BY THE CHAIR AND SHALL BE AVAILABLE FOR
INSPECTION BY THE CHAIR OR HIS OR HER DESIGNEE UPON HIS OR HER REQUEST.
(C) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "AGENCY THAT PRIMARILY
ENFORCES IMMIGRATION LAW" SHALL INCLUDE, BUT NOT BE LIMITED TO, UNITED
STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AND UNITED STATES CUSTOMS AND
BORDER PROTECTION, AND ANY SUCCESSOR AGENCIES HAVING SIMILAR DUTIES.
(D) FAILURE TO MAINTAIN RECORDS AS REQUIRED BY THIS SUBDIVISION SHALL
BE A CLASS A MISDEMEANOR.
6. EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, ANY PERSON WHO KNOW-
INGLY AND WILLFULLY OBTAINS RECORDS WHICH CONTAIN INDIVIDUALLY IDENTIFI-
ABLE INFORMATION UNDER FALSE PRETENSES OR OTHERWISE VIOLATES THIS
SECTION SHALL BE GUILTY OF A CLASS E FELONY.
7. IN ADDITION TO OR IN LIEU OF ANY CRIMINAL PROCEEDING AVAILABLE
UNDER THIS SECTION, WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION,
APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE
PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDIC-
TION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO
THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFAC-
TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED
THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE,
ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY
SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL
AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION, AND NOT MORE THAN ONE
THOUSAND DOLLARS FOR THE SECOND OR SUBSEQUENT VIOLATION WITHIN A THREE
YEAR PERIOD. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE
ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF
THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL
PRACTICE LAW AND RULES.
§ 6. This act shall take effect immediately.
