2015 -- H 5898

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LC002034

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY -

GENERAL PROVISIONS

     

     Introduced By: Representatives Winfield, Williams, and Ucci

     Date Introduced: March 13, 2015

     Referred To: House Labor

     (Corrections)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-42-38 of the General Laws in Chapter 28-42 entitled

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"Employment Security - General Provisions" is hereby amended to read as follows:

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     28-42-38. Records and reports -- Confidentiality of information. -- (a) Every

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employer and every employing unit employing any person in employment in this state shall keep

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true and accurate employment records of all persons employed by him or her, and of the weekly

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hours worked for him or her by each, and of the weekly wages paid by him or her to each person;

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and every employer and employing unit shall keep records containing any other information that

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the director may prescribe. Those records shall at all times be available within this state and shall

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be open to inspection by the director or his or her authorized representatives at any reasonable

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time and as often as the director shall deem necessary.

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      (b) The director may require from any employer, or employing unit, employing any

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person in this state, any reports covering persons employed by him or her, on employment,

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wages, hours, unemployment, and related matters which the director deems necessary to the

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effective administration of chapters 42 -- 44 of this title.

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      (c) (1) Information obtained, or information contained in other records of the department

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obtained from any individual pursuant to the administration of those chapters, shall be held

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confidential by the director and shall not be published or be open to public inspection in any

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manner revealing the individual's or employing unit's identity, but any claimant at a hearing

 

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provided for in those chapters shall be supplied with information from those records of the extent

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necessary for the proper presentation of his or her claim. Any department employee guilty of

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violating this provision shall be subject to the penalties provided in chapters 42 -- 44 of this title;

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provided, that nothing contained in this subsection shall be construed to prevent:

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      (i) The director, or any qualified attorney whom the director has designated to represent

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him or her in any court of this state, or the attorney general, from making any record, report, or

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other information referred to in this section, available in any proceeding before any court of this

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state in any action to which the director is a party;

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      (ii) The director from making any record, report, or other information referred to in this

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section, available to any agency of this state or any agency of a political subdivision of this state

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charged with the administration of public assistance within this state, or any of its political

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subdivisions;

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      (iii) The director from making any record, report, or other information referred to in this

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section available to the railroad retirement board or to employees of the Internal Revenue Service

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in the performance of their public duties, and the director shall furnish, at the expense of the

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railroad retirement board or the Internal Revenue Service, copies of those records, reports, or

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other information referred to in this section;

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      (iv) The director from making available upon request and on a reimbursable basis, any

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record, report, or other information referred to in this section to the federal Department of Health

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and Human Services in accordance with the provisions of United States P.L. 100-485, Family

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Support Act of 1988, or to the federal Department of Housing and Urban Development and to

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authorized representatives of public housing agencies in accordance with the Stewart B.

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McKinney Homeless Assistance Act, 42 U.S.C. § 11301 et seq.;

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      (v) The director from making available to the Division of Taxation upon request of the

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tax administrator any record, report, or other information referred to in Title 28, Chapter 42 for

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the purposes of compiling the annual unified economic development budget report and

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performing the requirements under subsection 42-142-3(e); enforcing the provisions of Title 28,

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Chapter 42; and/or performing any of its obligations under Title 44. The information received by

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the Division of Taxation from the department of labor and training pursuant hereto pertaining to

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an individual employer shall be held confidential and shall not be open to public inspection.

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Nothing herein shall prohibit the disclosure of statistics and/or statistical data that do not disclose

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the identity of individual employers and/or the contents of specific returns.

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      (vi) The director from making, and the director shall make, reports in the form and

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containing any information that the federal Social Security Administration may from time to time

 

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require, and complying with any provisions that the federal Social Security Administration may

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from time to time find necessary to assure the correctness and verification of those reports. The

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director shall make available, upon request, to any agency of the United States charged with the

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administration of public works or assistance through public employment, the name, address,

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ordinary occupation, and employment status of each recipient of unemployment compensation

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and a statement of that recipient's rights to further compensation under that law;

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      (vii) The director from conducting any investigations he or she deems relevant in

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connection with these provisions;

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      (viii) The director from conducting any investigations he or she deems relevant in

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connection with the performance of his or her duties pursuant to the administration of the

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chapters 29, 32, 33, 34, 36, 37 and 41 of this title, or from making any record, report, or other

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information referred to in this section available to the Workers' Compensation Fraud Prevention

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Unit for use in the performance of its duties under § 42-16.1-12; or

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      (ix) The director from forwarding, and the director shall forward to the jury

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commissioner, the names and addresses of all individuals who are receiving unemployment

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compensation on a yearly basis in accordance with § 9-9-1(e).

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      (x) The director from providing data on unemployment insurance recipients or any other

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data contained in departmental records that is obtained from an individual pursuant to the

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administration of chapter 42-44 of this title, to the department's designated research partners for

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the purpose of its workforce data quality and workforce innovation fund initiatives. The provision

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of these records will be done in accordance with an approved data-sharing agreement between the

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department and its designated research partners that protects the security and confidentiality of

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these records and through procedures established by protocols, rules and/or regulations as

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determined necessary by the director and appropriately established or promulgated.

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     (xi) The director from making available upon request, and on a reimbursable basis to the

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department of corrections any record, report, or other information referred to in chapter 42 of title

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28 for the purpose of case management and post-release supervision of offenders under the

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department of corrections' supervision. The information received by the department of corrections

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from the department of labor and training pursuant hereto shall be held confidential, and shall not

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be open to public inspection. Nothing herein shall prohibit the disclosure of statistics and/or

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statistical data that do not disclose the identity of individuals, nor shall it prevent information

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referred to in this subsection from being available in any proceeding before any court of this state

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in an action in which an offender's conditions of probation or obligation to pay restitution and/or

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costs and fines are the subject of the court proceedings.

 

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      (2) The director may publish in statistical form the results of any investigations without

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disclosing the identity of the individuals involved.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY -

GENERAL PROVISIONS

***

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     This act would authorize the director of labor and training to disclose information to the

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department of corrections, upon request, for the purpose of case management and post-release

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supervision.

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     This act would take effect upon passage.

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