CHAPTER 307
SB 69 – FINAL VERSION
16May2007… 1283h
2007 SESSION
08/01
SENATE BILL 69
AN ACT relative to exceptions to the confidentiality provisions for certain department of employment security records.
COMMITTEE: Commerce, Labor and Consumer Protection
This bill allows the department of employment security to share certain information with the Social Security Administration provided such information is limited to detecting and preventing fraud, waste, and abuse in Social Security Administration programs.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16May2007… 1283h
07-1270
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to exceptions to the confidentiality provisions for certain department of employment security records.
Be it Enacted by the Senate and House of Representatives in General Court convened:
307:1 Reports or Statement; Confidentiality. Amend RSA 282-A:118, IV-V to read as follows:
IV. That authorized federal employees granted access as provided in paragraph III shall be granted access on a case-by-case basis. In no event shall access to or copies of any database, whether written, electronic, or other, be provided to any agency, employee, or agent of the federal government except as required by federal or state law and duly authorized by the commissioner; [and]
V. That for the purpose of assessing governmental performance and accountability, the commissioner may provide information to the Wage Record Interchange System developed by the U.S. Department of Labor as administered by the [National Association of State Workforce Agencies (NASWA)] U.S. Department of Labor, or its designee, and utilized by each state’s Performance Accountability and Customer Information Agency (PACIA). The use of the information shall be limited to the purposes contained in the federal Workforce Investment Act or the Wagner-Peyser Act. Information under this paragraph shall only be provided upon a finding by the commissioner that sufficient guarantees of continued confidentiality are in place[.]; and
VI. That for the purpose of the Social Security Administration and the department of employment security establishing and verifying eligibility and payment amounts; and preventing and detecting waste, abuse, fraud and identity theft, the commissioner may enter into a reciprocal electronic data-exchange agreement with the Social Security Administration. The Social Security Administration’s use of the information provided shall be limited to use in accordance with federal laws and regulations pertaining to prevention and detection of fraud, waste, and abuse in the Social Security Administration’s programs, and the entitlement, eligibility, and benefit payment amounts of individuals under Title II or Title XVI of the Social Security Act. Authorized federal employees granted access as provided in this paragraph shall be granted access on a case by case basis as provided in paragraph III. Information under this paragraph shall only be provided upon a finding by the commissioner that sufficient guarantees of continued confidentiality are in place.
307:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 13, 2007
Effective: September 11, 2007