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ENGROSSED HOUSE BILL 1647
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Passed Legislature - 1996 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 02/02/95. Referred to Committee
on Commerce & Labor.
Expanding the authority of the
employment security department to share data.
AN ACT Relating to the
authority of the employment security department to share data; amending RCW
50.13.080; creating new sections; prescribing penalties; and providing an
effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that the employment security department needs to protect confidential data
while improving services to the public. It is the intent of the legislature
that the department provide confidential data to persons or organizations for
very limited purposes under contract, when a determination is made that the
quality and efficiencies of services consistent with Title 50 RCW will be
improved.
Sec. 2. RCW 50.13.080 and 1977
ex.s. c 153 s 8 are each amended to read as follows:
(1) The
employment security department shall have the right to disclose information or
records deemed private and confidential under this chapter to any ((private))
person or organization when such disclosure is necessary to permit ((private))
contracting parties to assist in the operation and management of the department
in instances where certain departmental functions may be delegated to ((private))
parties to increase the department's efficiency or quality of service to the
public. The ((private)) persons or organizations shall use the
information or records solely for the purpose for which the information was
disclosed and shall be bound by the same rules of privacy and confidentiality
as employment security department employees. ((Nothing in)) This
subsection shall not be construed as giving authority to the department to
give, sell, or provide access to any confidential data for any commercial
purpose, nor shall this section ((shall)) be construed as limiting
or restricting the effect of RCW 42.17.260(((5))) (9).
(2) The misuse
or unauthorized release of records or information deemed private and
confidential under this chapter by any ((private)) person or
organization to which access is permitted by this section shall subject the
person or organization to a civil penalty of five ((hundred)) thousand
dollars and other applicable sanctions under state and federal law.
Suit to enforce this section shall be brought by the attorney general and the
amount of any penalties collected shall be paid into the employment security
department administrative contingency fund. The attorney general may recover
reasonable attorneys' fees for any action brought to enforce this section.
NEW SECTION. Sec.
3. If any part of this act
is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of
the conflict, and such finding or determination shall not affect the operation
of the remainder of this act. The rules under this act shall meet federal
requirements that are a necessary condition to the receipt of federal funds by
the state or the granting of federal unemployment tax credits to employers in
this state.
NEW
SECTION. Sec. 4. This act shall take
effect July 1, 1996.
