Bill S3966-2011

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

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

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Actions

  • Jan 4, 2012: REFERRED TO LABOR
  • Jun 24, 2011: COMMITTED TO RULES
  • May 3, 2011: ADVANCED TO THIRD READING
  • May 2, 2011: 2ND REPORT CAL.
  • Apr 13, 2011: 1ST REPORT CAL.397
  • Mar 10, 2011: REFERRED TO LABOR

Meetings

Votes

VOTE: COMMITTEE VOTE: - Labor - Apr 13, 2011
Ayes (11): Robach, DeFrancisco, Grisanti, Johnson, Marcellino, McDonald, Martins, Addabbo, Dilan, Perkins, Smith
Nays (3): Peralta, Gianaris, Rivera
Excused (2): Alesi, Gallivan

Memo

BILL NUMBER:S3966

TITLE OF BILL:

An act to amend the labor law, in relation to the sharing of unemployment insurance information with public entities for certain authorized purposes; and to amend the tax law, in relation to the national and state directory of new hires

PURPOSE OF BILL:

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

SUMMARY OF PROVISIONS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXISTING LAW:

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

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

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

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

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

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

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

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

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

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

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

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

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

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

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

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

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

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

BUDGET IMPLICATIONS:

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

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

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3966 2011-2012 Regular Sessions IN SENATE March 10, 2011 ___________
Introduced by Sen. ROBACH -- (at request of the Department of Labor) -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to the sharing of unemploy- ment insurance information with public entities for certain authorized purposes; and to amend the tax law, in relation to the national and state directory of new hires THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The section heading of section 537 of the labor law, as amended by chapter 346 of the laws of 1948, is amended to read as follows: [Disclosures prohibited] DISCLOSURE OF UNEMPLOYMENT INSURANCE INFORMA- TION. S 2. Subdivision 1 of section 537 of the labor law, as amended by chapter 551 of the laws of 2008, is amended to read as follows: 1. a. Unemployment insurance information. (i) Unemployment insurance information is information contained in the records of the department pertaining to the administration of [this article, including information obtained by the department from employers and employees pursuant to this article] THE STATE UNEMPLOYMENT INSURANCE PROGRAM. The term includes wage reporting information obtained by the department from the state department of taxation and finance pursuant to subdivision four of section one hundred seventy-one-a and paragraph four of subsection (a) of section six hundred seventy-four of the tax law. It further includes information in the state directory of new hires that has been disclosed to the department for use in the unemployment insurance program. Such information does not include the personnel or general fiscal information of the department or information in the public domain. (ii) For purposes of this paragraph, the term public domain means: (A) information about the department and the unemployment insurance appeal
board; (B) information about applicable state and federal law, rules and regulations pertaining to unemployment insurance, including interpreta- tions thereof and statements of general policy and interpretations of general applicability but excluding investigative manuals and procedures pertaining to unemployment insurance; and (C) any agreements relating to the administration of this article. Notwithstanding the foregoing, nothing in this subdivision shall be construed to limit, restrict, or abrogate the department's right to deny access to any records pursuant to the provisions of the public officers law. b. Use of unemployment insurance information. Unemployment insurance information shall be for the exclusive use and information of the commissioner in the discharge of his or her duties under this chapter and shall not be open to the public nor be used in any court in any action or proceeding pending therein unless the commissioner is a party to such action or proceeding, or such action or proceeding involves information provided pursuant to [paragraph g of] subdivision three of this section, notwithstanding any other provisions of law. Such informa- tion insofar as it is material to the making and determination of a claim for benefits or to adjudicating a claim for benefits shall be available to the parties affected [and, in the commissioner's discretion, may be made available to the parties affected in connection with effecting placement]. c. Disclosure of unemployment insurance information to an individual or employer. (i) The department may disclose unemployment insurance information about an individual to such individual or unemployment insurance information about an employer to such employer. (II) As a condition to making such disclosure, the department shall require [a written] authorization to disclose such information from the individual or employer in a form acceptable to the department together with such proof of identity or authorization to act on behalf of the individual or employer as the commissioner shall deem appropriate. (III) Notwithstanding the foregoing, except as may otherwise be authorized under paragraph b of this subdivision, this paragraph shall not be construed to authorize the department to disclose information acquired from an employer [under this article] PURSUANT TO ITS ADMINIS- TRATION OF THE UNEMPLOYMENT INSURANCE PROGRAM to an individual or infor- mation acquired from an [employee under this article] INDIVIDUAL PURSU- ANT TO ITS ADMINISTRATION OF THE UNEMPLOYMENT INSURANCE PROGRAM to an employer. [(ii) Nothing in this subdivision shall be construed to prohibit the disclosure of the wage reporting information obtained by the department from the department of taxation and finance pursuant to subdivision four of section one hundred seventy-one-a and paragraph four of subsection (a) of section six hundred seventy-four of the tax law pertaining to an individual to such individual or pertaining to an employer to such employer.] d. Disclosure OF UNEMPLOYMENT INSURANCE INFORMATION upon informed consent TO AGENTS OR THIRD PARTIES ON BEHALF OF AN INDIVIDUAL OR EMPLOY- ER. (i) [The] NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE department may disclose unemployment insurance information about an individual or an employer to an agent of such individual or employer, or to a third party, on the basis of informed consent received from such individual or employer. [An informed consent from an individual shall not be construed to authorize the department to disclose information acquired from an employer under this article to an agent or third party identified in an individual's informed consent nor to authorize the
department to disclose information acquired from an individual under this article to the agent or third party identified in the employer's informed consent. Nothing in this subdivision shall be construed to prohibit the disclosure of the wage reporting information obtained by the department from the department of taxation and finance pursuant to subdivision four of section one hundred seventy-one-a and paragraph four of subsection (a) of section six hundred seventy-four of the tax law pertaining to an individual to the agent or third party identified in the individual's informed consent or pertaining to an employer to the agent or third party identified in the employer's consent]
TO WHOM THE INFORMATION PERTAINS, IN A FORM ACCEPTABLE TO THE COMMISSIONER. (ii) [Informed consent shall consist of a written release from the individual or employer to whom the information pertains.] Where [a writ- ten release] SUCH INFORMED CONSENT is impossible or impracticable to obtain, the department may accept an informed consent from a represen- tative acceptable to the department, including but not limited to, a conservator, guardian, or executor or administrator of a decedent's estate, together with such documentation as the department deems neces- sary, including, but not limited to, orders of appointment or letters of administration, to establish the right of the representative to act on the individual's behalf. An informed consent must include a statement: (A) specifically identifying the information that is to be disclosed; (B) acknowledging that department files will be accessed to obtain the information; (C) identifying the specific purpose or purposes for which the infor- mation is sought, subject to the limitations on such purpose or purposes set forth in subparagraph (iii) of this paragraph, and indicating that information obtained under the [release] CONSENT will only be used for that purpose or purposes; and (D) identifying all the parties who may receive the information disclosed pursuant to the consent. (iii) The purpose specified in the [release] CONSENT must be limited to providing a service or benefit to the individual signing the [release] CONSENT that such individual expects to receive as a result of signing the [release] CONSENT or for the purpose of carrying out admin- istration or evaluation of a public program to which the [release] CONSENT pertains. [e. Funding for disclosure of requested unemployment insurance infor- mation. Except as permitted under applicable federal law or regulation, or as otherwise authorized by agreement between the department and the United States Department of Labor, federal unemployment insurance grant funds shall not be used to pay for any of the costs incurred by the department in processing and handling a request for disclosure of unem- ployment information made under this article.] (IV) A PROPERLY EXECUTED POWER OF ATTORNEY FORM DEVELOPED BY THE DEPARTMENT TO AUTHORIZE AN INDIVIDUAL TO ACT AS AN EMPLOYER REPRESEN- TATIVE IN MATTERS RELATED TO ADMINISTRATION OF THE UNEMPLOYMENT INSUR- ANCE PROGRAM SHALL CONSTITUTE INFORMED CONSENT FOR PURPOSES OF THIS SECTION. (V) A LETTER OR OTHER WRITTEN COMMUNICATION FROM AN ELECTED OFFICIAL RECEIVED ON OFFICIAL LETTERHEAD OR TRANSMITTED THROUGH AN OFFICIAL ELEC- TRONIC MAIL ADDRESS IN CONNECTION WITH PROVIDING SERVICES TO A CONSTITU- ENT SHALL CONSTITUTE INFORMED CONSENT FOR PURPOSES OF THIS SECTION. (VI) A LETTER OR OTHER WRITTEN COMMUNICATION FROM AN ATTORNEY PROVIDED ON FIRM LETTERHEAD IN WHICH THE ATTORNEY ASSERTS HE OR SHE IS REPRESENT- ING AN EMPLOYER OR INDIVIDUAL IN A MATTER RELATED TO THE DEPARTMENT'S
IMPLEMENTATION OF THE UNEMPLOYMENT INSURANCE PROGRAM SHALL CONSTITUTE INFORMED CONSENT FOR THE EMPLOYER OR INDIVIDUAL FOR PURPOSES OF THIS SECTION. FOR ALL OTHER MATTERS, THE ATTORNEY WILL NEED TO PROVIDE INFORMED CONSENT AS DISCUSSED IN PARAGRAPH D OF THIS SUBDIVISION. S 3. Subdivision 2 of section 537 of the labor law is renumbered subdivision 8 and a new subdivision 2 is added to read as follows: 2. THE COMMISSIONER SHALL REPORT FULLY AND COMPLETELY TO THE APPROPRI- ATE AGENCY OF THE UNITED STATES ON THE EFFECT AND ADMINISTRATION OF THE UNEMPLOYMENT INSURANCE PROGRAM IN THE MANNER PRESCRIBED BY SUCH AGENCY. THE COMMISSIONER SHALL ALSO MAKE UNEMPLOYMENT INSURANCE INFORMATION AVAILABLE, UPON REQUEST, TO ANY FEDERAL, STATE OR LOCAL AGENCY ENTITLED TO SUCH INFORMATION UNDER THE SOCIAL SECURITY ACT OR ANY OTHER FEDERAL LAW IN THE MANNER PRESCRIBED BY SUCH FEDERAL LAW OR ITS IMPLEMENTING REGULATIONS AND 20 CFR PART 603. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT THE DEPARTMENT FROM DISCLOSING TO THE STATE DIRECTORY OF NEW HIRES WAGE AND UNEMPLOYMENT COMPENSATION INFORMATION AS MAY BE NECESSARY TO ALLOW SUCH STATE DIRECTORY TO COMPLY WITH SECTION ONE HUNDRED SEVEN- TY-ONE-H OF THE TAX LAW. THE DEPARTMENT SHALL BE REIMBURSED FOR THE COST OF PROVIDING SUCH INFORMATION CONSISTENT WITH FEDERAL LAW AND REGU- LATION. S 4. Subdivision 3 of section 537 of the labor law, as amended by chapter 442 of the laws of 1994, the opening paragraph and paragraph a as amended and paragraph g as added by chapter 6 of the laws of 2007, paragraph b and clauses 1, 4 and 5 of subparagraph (ii) of paragraph g as amended and clauses 6, 7, 8 and 9 of subparagraph (ii) of paragraph g and paragraph h as added by chapter 551 of the laws of 2008, paragraphs c and d as added by chapter 398 of the laws of 1997, paragraph e as amended by chapter 601 of the laws of 2007 and paragraph f as added by chapter 724 of the laws of 2006, is amended to read as follows: 3. Exceptions TO NON-DISCLOSURE PROVISIONS. [The] A. NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, UPON WRITTEN REQUEST AND AT HIS OR HER SOLE DISCRETION, THE commissioner may[, however,] disclose [the] UNEMPLOYMENT INSURANCE information [described in subdivisions one and four of this section under the following circumstances: a. Federal law. The commissioner shall report fully and completely to the appropriate agency of the United States on the effect and adminis- tration of this article in the manner prescribed by such agency, and further he or she shall make information available, upon request, to any federal, state or local agency entitled to such information under the social security act or any other federal law in the manner prescribed by such federal law or its implementing regulations. b. Chief administrator of the courts; commissioners of jurors; county clerks.] FOR THE PURPOSES SET FORTH IN PARAGRAPH B OF THIS SUBDIVISION, SUBJECT TO THE FOLLOWING: (I) SUCH DISCLOSURE SHALL ONLY BE MADE PURSU- ANT TO THE TERMS OF A WRITTEN AGREEMENT BETWEEN THE DEPARTMENT AND THE ENTITY TO WHICH THE UNEMPLOYMENT INSURANCE INFORMATION IS BEING DISCLOSED, THE TERMS OF WHICH SHALL, AT A MINIMUM, BE CONSISTENT WITH 20 CFR PART 603 AND ANY OTHER APPLICABLE FEDERAL AND STATE LAWS AND REGU- LATIONS. THE TERMS OF SUCH AGREEMENT SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS REQUIRING THAT UNEMPLOYMENT INSURANCE INFORMATION SHALL BE DISCLOSED ONLY AFTER THE REQUESTING AGENCY HAS DEMONSTRATED, TO THE COMMISSIONER'S SATISFACTION, THAT THE INFORMATION SHALL BE USED ONLY FOR THOSE PURPOSES FOR WHICH IT WAS PROVIDED TO THE REQUESTING ENTITY, SHALL BE KEPT CONFIDENTIAL EXCEPT FOR SUCH PURPOSES, SHALL NOT BE DISCLOSED TO ANY THIRD PARTIES IN INDIVIDUALLY IDENTIFIABLE FORM UNLESS PERMISSION TO DO SO IS EXPRESSLY AUTHORIZED BY SUCH AGREEMENT, THAT THE REQUESTING
AGENCY HAS SECURITY SAFEGUARDS IN PLACE TO ENSURE ITS APPROPRIATE USE BY THE ENTITY AND TO PREVENT THE UNAUTHORIZED DISCLOSURE OF SUCH INFORMA- TION, AND THAT THE ENTITY WILL MONITOR COMPLIANCE WITH SUCH SECURITY SAFEGUARDS TO THE COMMISSIONER'S SATISFACTION; (II) SUCH DISCLOSURE SHALL ONLY BE MADE SUBJECT TO THE PROVISIONS REGARDING REIMBURSEMENT OF COSTS ASSOCIATED WITH SUCH DISCLOSURE TO THE UNEMPLOYMENT INSURANCE PROGRAM PURSUANT TO THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION; (III) DISCLOSURE OF UNEMPLOYMENT INSURANCE INFORMATION TO THE AGENTS, CONTRACTORS, AND SUBCONTRACTORS OF ANY ENTITY PERMITTED TO RECEIVE SUCH INFORMATION UNDER THIS SUBDIVISION SHALL BE GRANTED SOLELY AT THE DISCRETION OF THE COMMISSIONER ONLY AFTER THE ENTITY TO WHOM THE INFOR- MATION IS BEING DISCLOSED IN THE FIRST INSTANCE HAS DEMONSTRATED TO THE COMMISSIONER'S SATISFACTION THAT SUCH AGENTS, CONTRACTORS, AND SUBCON- TRACTORS WILL, BY SEPARATE WRITTEN AGREEMENT BETWEEN THE ENTITY AND SUCH AGENTS, CONTRACTORS, OR SUBCONTRACTORS, BE SUBJECT TO ALL LIMITATIONS ON USE AND DISCLOSURE OF THE INFORMATION SET FORTH IN THE AGREEMENT REFER- ENCED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AND THAT THE ENTITY WILL MONITOR COMPLIANCE BY SUCH AGENCY, CONTRACTORS, AND SUBCONTRACTORS WITH ALL SECURITY SAFEGUARDS SET FORTH IN SUCH AGREEMENT. B. SUBJECT TO THE REQUIREMENTS SET FORTH IN PARAGRAPH A OF THIS SUBDI- VISION, THE COMMISSIONER MAY DISCLOSE UNEMPLOYMENT INSURANCE INFORMATION TO THE FOLLOWING PUBLIC OFFICIALS/ENTITIES FOR THE FOLLOWING PURPOSES, TO THE EXTENT THAT SUCH PURPOSES FALL WITHIN THE SCOPE OF THE PUBLIC OFFICIAL/ENTITY'S DUTIES: (I) The commissioner shall provide lists of [the names of] persons receiving unemployment insurance benefits to the chief administrator of the courts[,] appointed pursuant to section two hundred ten of the judiciary law[. The lists shall be provided] for the sole purpose of integration OF SUCH LISTS into lists of prospective jurors as provided by section five hundred six of the judiciary law, PROVIDED HOWEVER, THAT FOR PURPOSES OF THIS SUBPARAGRAPH, UNEMPLOYMENT INSURANCE INFORMATION DISCLOSED PURSUANT TO THIS SUBPARAGRAPH SHALL BE LIMITED TO LISTS OF THE NAMES AND ADDRESSES OF PERSONS RESIDING IN THE STATE AND RECEIVING UNEMPLOYMENT INSURANCE BENEFITS AND ANY OTHER INFOR- MATION DEEMED NECESSARY BY THE COMMISSIONER. The chief administrator of the courts shall upon request provide information from the lists to the commissioner of jurors in each county or, in a county within a city having a population of one million or more, the county clerk of said county, solely for the purpose of compiling lists of prospective jurors for the appropriate county. [The lists of persons receiving unemployment insurance benefits shall be provided only pursuant to a cooperative agreement between the chief administrator of the courts and the commis- sioner that is consistent with all federal regulations or requirements governing such disclosures and guarantees that all necessary steps shall be taken by the chief administrator of the courts, the commissioners of jurors and the county clerks to insure that the lists are kept confiden- tial and that there is no unauthorized use or disclosure of such lists. Furthermore, the lists will be provided only if the chief administrator of the courts determines that the lists are needed for integration into lists of prospective jurors in one or more counties. c.] (II) Nothing herein shall be construed to prohibit the delivery of unemployment benefit information contained in the department's records to the secretary of health and human services of the United States or the state agency responsible for collecting such information, in accord- ance with regulations promulgated by such secretary, as necessary for the purposes of the national directory of new hires as established under section four hundred fifty-three A of the social security act, as added
by section three hundred thirteen of the personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193. [d. (i)] (III)(A) Nothing herein shall be construed to prohibit the disclosure quarterly, to the secretary of health and human services of the United States or the state agency responsible for collecting such information, claim information contained in the department's records, as required by section four hundred fifty-three A of the social security act (establishing the national directory) as amended by section three hundred thirteen of the personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193. Such claim information is to be used only for the purposes of section four hundred fifty-three A of the social security act in carrying out child support enforcement programs. Costs of furnishing such claim information shall be reimbursed consistent with federal law and regulations. [(ii)] (B) For the purpose of this paragraph the term "claim informa- tion" means information regarding whether an individual is receiving, has received, or has made application for, unemployment insurance bene- fits, the amount of such benefits being received or to be received and the individual's most recent address contained in the department's records. [e. Nothing herein shall be construed to prohibit the disclosure of claim information as defined in subparagraph (ii) of paragraph d of this subdivision to] (IV) TO the ["]state directory of new hires,["] as established under section one hundred seventy-one-h of the tax law as amended, and to the state office of temporary and disability assistance for disseminating to support collection units designated by social services districts or their duly authorized agents for all purposes designated by the personal responsibility and worker opportunity recon- ciliation act of 1996, public law 104-193. [The cost of providing such claim information shall be reimbursed consistent with federal law and regulations. f. United States census bureau. Upon request to the commissioner, such information may be disclosed to] (V) TO the United States census bureau for statistical analyses related to population and employment measure- ments and trends. The confidentiality of such information shall be protected by [subdivisions one and two of] this section and title thir- teen of the United States Code [and subject to the terms of a written agreement between the United States census bureau and the commissioner]. [g. Federal, state and local agencies. (i) Upon request to the commis- sioner, such information may be disclosed to certain federal, state and local agencies. The commissioner may require written agreements with requesting agencies in a form determined by the commissioner and consistent with 20 CFR 603 and other federal regulations. The informa- tion that may be disclosed pursuant to this paragraph shall be disclosed only after the requesting agency has demonstrated, to the commissioner's satisfaction, that the information shall be kept confidential, except for those purposes for which it was provided to the requesting agency, and that the requesting agency has security safeguards in place to prevent the unauthorized disclosure of such information. (ii) The information disclosed pursuant to this paragraph may be disclosed to the following agencies to be used exclusively for the following legitimate governmental purposes: (1)] (VI) TO any federal, state or local agency in the investigation OR PROSECUTION of fraud relating to public programs, [or] misuse of public funds[;], OR INVESTIGATION OR PROSECUTION OF IDENTITY THEFT IN CONNECTION WITH THE OPERATION OF PUBLIC PROGRAMS; IN RESPONSE TO A JUDI-
CIAL ORDER OR GRAND JURY SUBPOENA; TO ANY STATE OR LOCAL GOVERNMENTAL ENTITY FOR THE PURPOSE OF PUBLIC PROTECTION, INCLUDING BUT NOT LIMITED TO, DISCLOSURE TO LAW ENFORCEMENT AGENCIES IN CONNECTION WITH THE INVES- TIGATION OR PROSECUTION OF ALLEGED CRIMINAL CONDUCT; AND TO PUBLIC SAFE- TY AGENCIES IN CONNECTION WITH EMERGENCY MANAGEMENT OR RESPONSE. [(2)] (VII) TO any state or United States territorial workforce agen- cy, local workforce investment board and its agents, and one-stop oper- ating partner receiving funds under the workforce investment act of 1998 for program performance purposes and other legitimate programmatic purposes authorized by the commissioner[;]. [(3)] (VIII) TO the United States department of labor or its agents, as required by law, or in connection with the requirements imposed as a result of receiving federal administrative funding[; (4) state and local economic development agencies, or their agents, where such information is necessary to carry out the statutory functions of such agencies, shall receive a quarterly census of employment and wage information compiled by the department, provided that such disclo- sure shall not violate federal law. Any redisclosure of information obtained by such agencies under this clause shall be limited to tabu- lation and publication of such information in an aggregated statistical form. No individual identifying information obtained pursuant to this clause shall be redisclosed in the course of the tabulation or publica- tion. As used in this clause, the term "aggregated statistical form" shall mean, in the case of information regarding individuals, a data set that includes information about not fewer than ten individuals, and, in the case of employer information, a data set that includes information about no fewer than three employers, of which no one employer comprises more than eighty percent of the aggregated data set; and] OTHER THAN FUNDING FOR THE UNEMPLOYMENT INSURANCE PROGRAM. (IX) TO ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITY FOR (A) EVAL- UATION OF PROGRAM PERFORMANCE, AS REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO, CUSTOMER TRACKING NEED- ED FOR LONG TERM OR LONGITUDINAL OUTCOME ANALYSIS; (B) FINANCIAL OR OTHER ANALYSIS REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR REGULATION; (C) PREPARATION OF REPORTS REQUIRED BY FEDERAL, STATE, OR LOCAL LAW OR REGULATION; (D) THE OPERATION OF PUBLIC PROGRAMS BY SUCH ENTITIES, WHEN- EVER IT IS DETERMINED BY THE COMMISSIONER THAT SUCH INFORMATION SHARING IS NEEDED TO IMPROVE THE QUALITY OR DELIVERY OF PROGRAM SERVICES OR TO CREATE OPERATIONAL EFFICIENCIES; OR (E) ESTABLISHMENT OF A COMMON CASE MANAGEMENT SYSTEM WITH OTHER STATE OR LOCAL ENTITIES DELIVERING OR SUPPORTING WORKFORCE SERVICES FOR A SHARED CUSTOMER BASE, WHEREVER SUCH COMMON CASE MANAGEMENT SYSTEM IS DETERMINED BY THE COMMISSIONER TO BE NEEDED TO FOSTER WORKFORCE PARTNERSHIPS, PROGRAM COORDINATION, OR INTER-AGENCY COLLABORATION, TO IMPROVE PROGRAM SERVICES, OR TO CREATE OPERATIONAL EFFICIENCIES. [(5)] (X) TO the workers' compensation board, the state insurance fund and the state insurance department, for purposes of determining compli- ance with the coverage of workers' compensation and disability insurance and to the workers' compensation board for purposes of determining eligibility for workers' compensation benefits. [(6) any federal, state, or local law enforcement agency in accordance with a proper judicial order or grand jury subpoena served upon the department. (7)] (XI) TO the office of temporary and disability assistance, or local social services districts, for purposes of establishing or verify- ing the income and eligibility of applicants for, or recipients of,
benefits under state public assistance AND CARE programs for such bene- fits. Information obtained by the office of temporary and disability assistance under this [clause] SUBPARAGRAPH shall not be disclosed, except to THE DEPARTMENT OF HEALTH, THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND local social services districts for purposes of establish- ing or verifying the income and eligibility of applicants for, or recip- ients of, benefits under state public assistance AND CARE programs. [(8) the office of vocational and educational services for individuals with disabilities of the education department for the evaluation of the effect on earnings of participants, or former participants, in employ- ment and training programs for which the office of vocational and educa- tional services for individuals with disabilities of the education department has reporting, monitoring or evaluating responsibilities. (9) the commission for the blind and visually handicapped for the evaluation of the effect on earnings of participants, or former partic- ipants, in employment and training programs for which the commission for the blind and visually handicapped has reporting, monitoring or evaluat- ing responsibilities] (XII) TO THE NEW YORK CITY COMPTROLLER FOR THE PURPOSE OF ESTABLISHING NEW YORK CITY PREVAILING WAGE RATES AS REQUIRED BY THIS CHAPTER. (XIII) TO FEDERAL, STATE, OR LOCAL OFFICIALS, WHEN, IN THE JUDGMENT OF THE COMMISSIONER, SUCH OFFICIALS HAVE MADE A SHOWING OF NEED FOR SUCH INFORMATION BASED UPON COMPELLING CIRCUMSTANCES AFFECTING THE HEALTH AND SAFETY OF AN INDIVIDUAL. (XIV) TO THE NEW YORK STATE COMPTROLLER, FOR PURPOSES ASSOCIATED WITH THE PERFORMANCE OF HIS OR HER STATUTORY AND CONSTITUTIONAL RESPONSIBIL- ITIES RELATED TO THE ADMINISTRATION OF THE UNEMPLOYMENT INSURANCE PROGRAM INCLUDING, BUT NOT LIMITED TO, DUTIES ASSOCIATED WITH AUDITING BENEFIT PAYMENTS AND THE OPERATION OF THE UNEMPLOYMENT INSURANCE PROGRAM AS A WHOLE. [h. Department] (XV) TO DEPARTMENT contractors, subcontractors, or agents[. The department may disclose unemployment insurance information to its contractors, subcontractors, or agents] as the commissioner deems necessary to carry out the statutory functions of the department. Such disclosure shall be consistent with the authorized purposes described in subdivision four of this section and all applicable federal regulations, guidelines and policies. S 5. Section 537 of the labor law is amended by adding a new subdivi- sion 6 to read as follows: 6. PAYMENT TO THE DEPARTMENT FOR DISCLOSURE OF REQUESTED UNEMPLOYMENT INSURANCE INFORMATION. A. EXCEPT AS PERMITTED UNDER APPLICABLE FEDERAL LAW OR REGULATION, OR AS OTHERWISE AUTHORIZED BY AGREEMENT BETWEEN THE DEPARTMENT AND THE UNITED STATES DEPARTMENT OF LABOR, FEDERAL UNEMPLOY- MENT INSURANCE GRANT FUNDS SHALL NOT BE USED TO PAY FOR ANY OF THE COSTS INCURRED BY THE DEPARTMENT IN PROCESSING AND HANDLING A REQUEST FOR DISCLOSURE OF UNEMPLOYMENT INFORMATION MADE UNDER THIS SECTION, INCLUD- ING START-UP COSTS, OR FOR ADMINISTERING SUCH REQUEST OR MONITORING COMPLIANCE WITH CONFIDENTIALITY PROVISIONS ATTACHING TO SUCH DISCLOSURE. B. SUCH COSTS SHALL BE CALCULATED, COLLECTED AND ADMINISTERED BY THE DEPARTMENT CONSISTENT WITH APPLICABLE FEDERAL RULES AND GUIDELINES, AND SHALL BE PAID IN ADVANCE OF DISCLOSURE TO THE DEPARTMENT BY THE ENTITY REQUESTING THE INFORMATION OR BY ANOTHER PARTY ACTING ON BEHALF OF SUCH ENTITY. WHERE THE RECIPIENT IS A PUBLIC OFFICIAL, THE DEPARTMENT MAY ACCEPT PAYMENT OF COSTS BY WAY OF REIMBURSEMENT. C. NOTWITHSTANDING THE FOREGOING, COSTS ASSOCIATED WITH THE DISCLOSURE OF UNEMPLOYMENT INSURANCE INFORMATION BY THE DEPARTMENT PURSUANT TO THE
TERMS OF THIS SECTION MAY BE WAIVED IF NOT MORE THAN AN INCIDENTAL AMOUNT OF STAFF TIME AND NO MORE THAN NOMINAL PROCESSING COSTS ARE INVOLVED IN MAKING THE DISCLOSURE OR WHERE THE DEPARTMENT HAS IN PLACE A RECIPROCAL COST AGREEMENT OR ARRANGEMENT WITH THE ENTITY TO WHOM THE INFORMATION IS DISCLOSED. FOR PURPOSES OF THIS PARAGRAPH, RECIPROCAL MEANS THAT THE RELATIVE BENEFITS RECEIVED BY THE UNEMPLOYMENT INSURANCE PROGRAM AND THE ENTITY TO WHOM THE INFORMATION IS DISCLOSED EACH RECEIVE BENEFITS THAT ARE APPROXIMATELY EQUAL. S 6. Subdivision 7 of section 537 of the labor law, as added by chap- ter 302 of the laws of 1995, is amended to read as follows: 7. The department shall notify all EMPLOYERS, AND applicants to, and [participants in, employment security and training programs for which the department has reporting, monitoring or evaluating responsibilities] RECIPIENTS OF, UNEMPLOYMENT INSURANCE BENEFITS that information obtained from the department of taxation and finance AND/OR UNEMPLOYMENT INSUR- ANCE INFORMATION COLLECTED IN CONNECTION WITH THE DEPARTMENT'S ADMINIS- TRATION OF THE UNEMPLOYMENT INSURANCE PROGRAM may be used to evaluate program effectiveness [of up to ten years after such application or participation, whichever is later] OR FOR OTHER OFFICIAL PURPOSES AS SET FORTH IN THIS SECTION. S 7. Paragraph (g) of subdivision 4 of section 171-h of the tax law, as added by chapter 398 of the laws of 1997, is amended to read as follows: (g) furnish to the national directory of new hires, on a quarterly basis, extracts of the reports required under paragraph six of subsection (a) of section three hundred three of the federal social security act to be made to the secretary of labor concerning wages and unemployment compensation paid to individuals, by such dates, and in such manner as the secretary of health and human services shall specify by regulations. The state department of labor shall, consistent with the authority contained in [paragraph e of subdivision three of] section five hundred thirty-seven of the labor law, disclose to the state direc- tory of new hires, such wage and unemployment compensation information as may be necessary to allow such state directory to comply with the provisions of this paragraph. S 8. This act shall take effect immediately.

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