AN ACT Relating to the
authority of the employment security department to share data; amending RCW
50.13.060 and 50.13.080; creating a new section; and providing an effective
date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 50.13.060 and 1993 c
281 s 59 are each amended to read as follows:
(1) Governmental
agencies, including law enforcement agencies, prosecuting agencies, and the
executive branch, whether state, local, or federal shall have access to
information or records deemed private and confidential under this chapter if
the information or records are needed by the agency for official purposes and:
(a) The agency submits
an application in writing to the employment security department for the records
or information containing a statement of the official purposes for which the
information or records are needed and specific identification of the records or
information sought from the department; and
(b) The director,
commissioner, chief executive, or other official of the agency has verified the
need for the specific information in writing either on the application or on a
separate document; and
(c) The agency
requesting access has served a copy of the application for records or
information on the individual or employing unit whose records or information
are sought and has provided the department with proof of service. Service
shall be made in a manner which conforms to the civil rules for superior
court. The requesting agency shall include with the copy of the application a
statement to the effect that the individual or employing unit may contact the
public records officer of the employment security department to state any
objections to the release of the records or information. The employment
security department shall not act upon the application of the requesting agency
until at least five days after service on the concerned individual or employing
unit. The employment security department shall consider any objections raised
by the concerned individual or employing unit in deciding whether the
requesting agency needs the information or records for official purposes.
(2) The requirements of
subsections (1) and (((7))) (8) of this section shall not apply
to the state legislative branch. The state legislature shall have access to
information or records deemed private and confidential under this chapter, if
the legislature or a legislative committee finds that the information or
records are necessary and for official purposes. If the employment security
department does not make information or records available as provided in this
subsection, the legislature may exercise its authority granted by chapter 44.16
RCW.
(3) In cases of
emergency the governmental agency requesting access shall not be required to
formally comply with the provisions of subsection (1) of this section at the
time of the request if the procedures required by subsection (1) of this
section are complied with by the requesting agency following the receipt of any
records or information deemed private and confidential under this chapter. An
emergency is defined as a situation in which irreparable harm or damage could
occur if records or information are not released immediately.
(4) The requirements of
subsection (1)(c) of this section shall not apply to governmental agencies
where the procedures would frustrate the investigation of possible violations
of criminal laws.
(5) Governmental
agencies shall have access to certain records or information, limited to such
items as names, addresses, social security numbers, and general information
about benefit entitlement or employer information possessed by the department,
for comparison purposes with records or information possessed by the requesting
agency to detect improper or fraudulent claims, or to determine potential tax
liability or employer compliance with registration and licensing requirements.
In those cases the governmental agency shall not be required to comply with
subsection (1)(c) of this section, but the requirements of the remainder of
subsection (1) must be satisfied.
(6) Governmental
agencies may have access to certain records and information, limited to
employer information possessed by the department for purposes authorized in
chapter 50.38 RCW. Access to these records and information is limited to only
those individuals conducting authorized statistical analysis, research, and
evaluation studies. Only in cases consistent with the purposes of chapter
50.38 RCW are government agencies not required to comply with subsection (1)(c)
of this section, but the requirements of the remainder of subsection (1) of
this section must be satisfied. Information provided by the department and
held to be private and confidential under state or federal laws shall not be
misused or released to unauthorized parties subject to the sanctions in RCW
50.13.080.
(7) Disclosure
to governmental agencies of information or records obtained by the employment
security department from the federal government shall be governed by any
applicable federal law or any agreement between the federal government and the
employment security department where so required by federal law. When federal
law does not apply to the records or information state law shall control.
(((7))) (8)
The disclosure of any records or information by a governmental agency which has
obtained the records or information under this section is prohibited unless the
disclosure is directly connected to the official purpose for which the records
or information were obtained.
(((8))) (9)
In conducting periodic salary or fringe benefit studies pursuant to law, the
department of personnel shall have access to records of the employment security
department as may be required for such studies. For such purposes, the
requirements of subsection (1)(c) of this section need not apply.
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.
(2) Nothing in
this section shall be construed as limiting or restricting the effect of RCW
42.17.260(((5)))(9).
(3) 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.
