Z-0243.2 _______________________________________________
SENATE BILL 5774
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senators Pelz, Newhouse and Deccio; by request of Employment Security Department
Read first time 02/06/95. Referred to Committee on Labor, Commerce & Trade.
AN ACT Relating to the authority of the employment security department to share data; amending RCW 50.13.080; creating new sections; prescribing penalties; providing an effective date; and declaring an emergency.
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 expand its limited authority to share private and confidential data to include public and nonprofit persons or organizations under contract with the department to increase the department's efficiency and quality of service to the public. All parties to these contracts are subject to applicable sanctions for misuse or unauthorized release of private and confidential data under state and federal law.
Sec. 2. RCW 50.13.080 and 1977 ex.s. c 153 s 8 are each amended to read as follows:
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 section shall be
construed as limiting or restricting the effect of RCW 42.17.260(((5)))(7).
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 is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.
--- END ---