S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6118

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, the tax law and the social services  law,
  in relation to jury pools for federal district courts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (ii)  of  paragraph  g  of  subdivision  3  of
section  537  of  the labor law is amended by adding a new clause 7-a to
read as follows:
  (7-A) ANY COURT CLERK OR JURY COMMISSION OF A UNITED  STATES  DISTRICT
COURT  APPOINTED  PURSUANT  TO  TITLE  TWENTY-EIGHT OF THE UNITED STATES
CODE, SECTION 1863(B)(1), SOLELY FOR THE PURPOSE OF COMPILING  LISTS  OF
PROSPECTIVE  JURORS  FOR THE APPROPRIATE DISTRICT.  THE LISTS OF PERSONS
RECEIVING UNEMPLOYMENT INSURANCE BENEFITS SHALL BE PROVIDED ONLY  PURSU-
ANT  TO  A  COOPERATIVE AGREEMENT BETWEEN THE CHIEF ADMINISTRATOR OF THE
COURTS AND THE COMMISSION OR CLERK 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 JURY COMMISSIONS AND THE COURT 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 DETERMINES THAT THE LISTS ARE
NEEDED FOR INTEGRATION INTO LISTS OF PROSPECTIVE JURORS IN ONE  OR  MORE
DISTRICTS.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13136-01-3

S. 6118                             2

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 JURY COMMISSION OR COURT CLERK OF A UNITED
STATES DISTRICT COURT APPOINTED PURSUANT TO TITLE  TWENTY-EIGHT  OF  THE
UNITED STATES CODE, SECTION 1863(B)(1), of a mailing list of individuals
to  whom  income  tax  forms are mailed by the commissioner for the sole
purpose of compiling a list of prospective jurors as provided in article
sixteen of the judiciary law. Provided,  however,  such  delivery  shall
only  be  made  pursuant  to  an order of the chief administrator of the
courts, appointed pursuant to section two hundred ten of  the  judiciary
law.  No  such  order  may  be issued unless such chief administrator is
satisfied that such mailing list is needed to compile a proper  list  of
prospective  jurors  for  the  county for which such order is sought and
that, in view of the responsibilities imposed by the various laws of the
state on the department, it is reasonable to require the commissioner to
furnish such list. Such order shall provide that such list shall be used
for the sole purpose of compiling a list of prospective jurors and  that
such commissioner of jurors, or such county clerk, shall take all neces-
sary  steps  to insure that the list is kept confidential and that there
is no unauthorized use or disclosure of such list. Furthermore,  nothing
herein  shall be construed to prohibit the delivery to a taxpayer or his
or her duly authorized representative of a certified copy of any  return
or  report  filed  in  connection with his or her tax or to prohibit the
publication of statistics so classified as to prevent the identification
of  particular  reports  or  returns  and  the  items  thereof,  or  the
inspection by the attorney general or other legal representatives of the
state  of  the report or return of any taxpayer or of any employer filed
under section one hundred seventy-one-h  of  this  chapter,  where  such
taxpayer  or  employer shall bring action to set aside or review the tax
based thereon, or against whom an action or proceeding under this  chap-
ter or under this chapter and article eighteen of the labor law has been
recommended  by the commissioner, the commissioner of labor with respect
to unemployment insurance matters, or the attorney general or  has  been
instituted,  or  the inspection of the reports or returns required under
this article by the comptroller or duly designated officer  or  employee
of  the state department of audit and control, for purposes of the audit
of a refund of any tax paid by a taxpayer under  this  article,  or  the
furnishing  to  the  state department of labor of unemployment insurance
information obtained or derived  from  quarterly  combined  withholding,
wage  reporting  and unemployment insurance returns required to be filed
by employers pursuant to paragraph four of subsection (a) of section six

S. 6118                             3

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 commis-
sioner of labor consistent with the provisions of  the  labor  law,  and
redisclosure  of  such  information in accordance with the provisions of
sections five hundred thirty-six and five hundred  thirty-seven  of  the
labor  law  or  any other applicable law, or the furnishing to the state
office of temporary and disability assistance of information obtained or
derived from New York state personal income tax returns as described  in
paragraph (b) of subdivision two of section one hundred seventy-one-g of
this chapter for the purpose of reviewing support orders enforced pursu-
ant to title six-A of article three of the social services law to aid in
the  determination  of  whether  such  orders should be adjusted, or the
furnishing of information obtained  from  the  reports  required  to  be
submitted  by  employers  regarding  newly  hired  or re-hired employees
pursuant to section one hundred seventy-one-h of  this  chapter  to  the
state  office  of temporary and disability assistance, the state depart-
ment of health, the state department of labor and the  workers'  compen-
sation  board  for  purposes  of  administration  of  the  child support
enforcement program, verification of individuals' eligibility for one or
more of the programs specified  in  subsection  (b)  of  section  eleven
hundred  thirty-seven  of  the federal social security act and for other
public assistance programs authorized by state law,  and  administration
of  the  state's employment security and workers' compensation programs,
and to the national directory  of  new  hires  established  pursuant  to
section  four  hundred  fifty-three-A of the federal social security act
for the purposes specified in such section, or  the  furnishing  to  the
state  office of temporary and disability assistance of the amount of an
overpayment of income tax and interest thereon certified  to  the  comp-
troller  to be credited against past-due support pursuant to section one
hundred seventy-one-c of this chapter and of the name and social securi-
ty number of the taxpayer who made such overpayment, or  the  disclosing
to  the  commissioner  of  finance  of the city of New York, pursuant to
section one hundred seventy-one-l of this chapter, of the amount  of  an
overpayment  and  interest  thereon  certified  to the comptroller to be
credited against a city of New York tax warrant judgment debt and of the
name and social security number of the taxpayer who made  such  overpay-
ment,  or the furnishing to the New York state higher education services
corporation of the amount of an overpayment of income tax  and  interest
thereon  certified  to the comptroller to be credited against the amount
of a default in repayment of any education loan  debt,  including  judg-
ments,  owed  to  the federal or New York state government that is being
collected by the New York state higher education  services  corporation,
and of the name and social security number of the taxpayer who made such
overpayment,  or the furnishing to the state department of health of the
information required by paragraph (f) of subdivision two and subdivision
two-a of section two thousand five hundred eleven of the  public  health
law  and  by  subdivision eight of section three hundred sixty-six-a and
paragraphs (b) and (d) of  subdivision  two  of  section  three  hundred
sixty-nine-ee of the social services law, or the furnishing to the state
university  of  New York or the city university of New York respectively
or the attorney general on behalf of such state or city  university  the
amount of an overpayment of income tax and interest thereon certified to

S. 6118                             4

the comptroller to be credited against the amount of a default in repay-
ment  of  a state university loan pursuant to section one hundred seven-
ty-one-e of this chapter and of the name and social security  number  of
the  taxpayer  who  made  such overpayment, or the disclosing to a state
agency, pursuant to section one hundred seventy-one-f of  this  chapter,
of  the  amount  of an overpayment and interest thereon certified to the
comptroller to be credited against a past-due legally  enforceable  debt
owed  to  such  agency and of the name and social security number of the
taxpayer who made such overpayment, or the furnishing  of  employee  and
employer  information obtained through the wage reporting system, pursu-
ant to section one hundred seventy-one-a of this chapter,  as  added  by
chapter  five  hundred forty-five of the laws of nineteen hundred seven-
ty-eight, to the state office of temporary  and  disability  assistance,
the  department of health or to the state office of the medicaid inspec-
tor general for the purpose of verifying eligibility for and entitlement
to amounts of benefits under the social services law or similar  law  of
another  jurisdiction,  locating absent parents or other persons legally
responsible for the support of applicants for or  recipients  of  public
assistance  and  care  under the social services law and persons legally
responsible for the support of a recipient of services under section one
hundred eleven-g of the social services law and, in  appropriate  cases,
establishing support obligations pursuant to the social services law and
the family court act or similar provision of law of another jurisdiction
for the purpose of evaluating the effect on earnings of participation in
employment, training or other programs designed to promote self-suffici-
ency  authorized  pursuant to the social services law by current recipi-
ents of public assistance and care and by former applicants and  recipi-
ents  of  public assistance and care, (except that with regard to former
recipients, information which relates to a particular  former  recipient
shall  be  provided  with client identifying data deleted), to the state
office of temporary and disability assistance for the purpose of  deter-
mining  the eligibility of any child in the custody, care and custody or
custody and guardianship of a local social services district or  of  the
office  of  children and family services for federal payments for foster
care and adoption assistance pursuant to the provisions of title IV-E of
the federal social security act by providing information with respect to
the parents, the stepparents, the child and the siblings  of  the  child
who  were  living  in  the same household as such child during the month
that the court proceedings leading  to  the  child's  removal  from  the
household  were  initiated,  or the written instrument transferring care
and custody of the child pursuant to the  provisions  of  section  three
hundred  fifty-eight-a  or  three  hundred  eighty-four-a  of the social
services law was signed, provided however that the office  of  temporary
and disability assistance shall only use the information obtained pursu-
ant  to  this subdivision for the purpose of determining the eligibility
of such child for federal payments for foster care and adoption  assist-
ance  pursuant  to  the  provisions  of title IV-E of the federal social
security act, and to the state department of labor, or other individuals
designated by the commissioner of labor, for the purpose of the adminis-
tration of such department's unemployment insurance program,  employment
services  program,  federal  and state employment and training programs,
employment statistics and  labor  market  information  programs,  worker
protection  programs,  federal  programs  for  which  the department has
administrative responsibility or for other purposes  deemed  appropriate
by the commissioner of labor consistent with the provisions of the labor
law,  and  redisclosure  of  such  information  in  accordance  with the

S. 6118                             5

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 information to public agencies of other  jurisdictions  with  which
the state office of temporary and disability assistance has an agreement
pursuant  to paragraph (h) or (i) of subdivision three of section twenty
of the social services law, and to the state  office  of  temporary  and
disability  assistance  for  the  purpose  of fulfilling obligations and
responsibilities otherwise incumbent upon the state department of labor,
under section one hundred twenty-four of the federal family support  act
of  nineteen  hundred eighty-eight, by giving the federal parent locator
service, maintained by  the  federal  department  of  health  and  human
services,  prompt access to such information as required by such act, or
to the state department of health to verify eligibility under the  child
health  insurance plan pursuant to subdivisions two and two-a of section
two thousand five hundred eleven of the public  health  law,  to  verify
eligibility under the medical assistance and family health plus programs
pursuant  to  subdivision eight of section three hundred sixty-six-a and
paragraphs (b) and (d) of  subdivision  two  of  section  three  hundred
sixty-nine-ee  of the social services law, and to verify eligibility for
the program for elderly pharmaceutical insurance  coverage  under  title
three  of  article  two of the elder law, or to the office of vocational
and educational services for individuals with disabilities of the educa-
tion department, the commission for the blind and any other state  voca-
tional  rehabilitation  agency,  for purposes of obtaining reimbursement
from the federal social security administration for expenditures made by
such office, commission or agency on behalf of disabled individuals  who
have  achieved  economic  self-sufficiency  or  to  the higher education
services corporation for the purpose of  assisting  the  corporation  in
default  prevention  and  default  collection  of  education  loan debt,
including judgments, owed to the federal or New York  state  government;
provided,  however, that such information shall be limited to the names,
social security numbers, home and/or business  addresses,  and  employer
names  of  defaulted  or  delinquent  student  loan borrowers, or to the
office of the state comptroller for purposes of verifying the income  of
a  retired member of a retirement system or pension plan administered by
the state or any of its political subdivisions  who  returns  to  public
employment.
  Provided,  however,  that  with  respect  to  employee information the
office of temporary and disability assistance shall  only  be  furnished
with the names, social security account numbers and gross wages of those
employees who are (A) applicants for or recipients of benefits under the
social services law, or similar provision of law of another jurisdiction
(pursuant  to  an agreement under subdivision three of section twenty of
the social services law) or, (B) absent parents or other persons legally
responsible for the support of applicants for or  recipients  of  public
assistance  and  care under the social services law or similar provision
of law of another jurisdiction (pursuant to an agreement under  subdivi-
sion three of section twenty of the social services law), or (C) persons
legally  responsible  for  the  support of a recipient of services under
section one hundred eleven-g of  the  social  services  law  or  similar
provision of law of another jurisdiction (pursuant to an agreement under
subdivision  three of section twenty of the social services law), or (D)

S. 6118                             6

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
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:

S. 6118                             7

  6.  The  department  is  directed  to  seek appropriate approvals from
federal officials to permit  commissioners  of  jurors  in  each  social
services  district to obtain the names and addresses of persons applying
for or receiving aid to dependent children,  medicaid,  or  home  relief
authorized  by  this  chapter  for  purposes  of identifying prospective
jurors. Upon  receiving  such  approval  or  upon  determining  that  no
approval  is  necessary, notwithstanding sections one hundred thirty-six
and three hundred sixty-nine  of  this  chapter,  the  department  shall
provide  lists of such persons to the chief administrator of the courts,
appointed pursuant to section two hundred ten of the judiciary law.  The
lists  shall  be provided for the sole purpose of integration into lists
of prospective jurors as provided by section five  hundred  six  of  the
judiciary  law. The chief administrator of the courts shall upon request
provide information from the lists to the commissioner of jurors in each
county or, in a county within a city having a population of one  million
or  more,  the county clerk of said county, OR TO THE JURY COMMISSION OR
COURT CLERK OF A UNITED STATES  DISTRICT  COURT  APPOINTED  PURSUANT  TO
TITLE TWENTY-EIGHT OF THE UNITED STATES CODES, SECTION 1863(B)(1), sole-
ly  for  the  purpose  of  compiling lists of prospective jurors for the
appropriate county. The lists shall be provided only pursuant to a coop-
erative agreement between the chief administrator of the courts and  the
commissioner  that guarantees that all necessary steps shall be taken by
the chief administrator of the courts, the commissioners of  jurors  and
the  county  clerks  to  ensure that the lists are kept confidential and
that there is no unauthorized use or disclosure of such lists.  Further-
more,  the lists will be provided only if the chief administrator of the
courts determines that the lists are needed for integration  into  lists
of  prospective  jurors in one or more counties. Commissioners of jurors
and county clerks receiving such lists shall  not  use  any  information
derived  from  such  [list]  LISTS  for  any  purpose other than for the
selection of jurors and shall take appropriate steps  to  see  that  the
confidentiality of such information is maintained.
  S 4. This act shall take effect immediately.