HF 1220

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to unemployment insurance; authorizing the
use of certain data by local and state welfare
agencies; amending Minnesota Statutes 2004, section
268.19, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 268.19,
subdivision 1, is amended to read:

Subdivision 1.

Use of data.

(a) Except as otherwise
provided by this section, data gathered from any person pursuant
to the administration of the Minnesota Unemployment Insurance
Law are private data on individuals or nonpublic data not on
individuals as defined in section 13.02, subdivisions 9 and 12,
and may not be disclosed except pursuant to a court order or
section 13.05. A subpoena shall not be considered a court
order. These data may be disseminated to and used by the
following agencies without the consent of the subject of the
data:

(1) state and federal agencies specifically authorized
access to the data by state or federal law;

(2) any agency of any other state or any federal agency
charged with the administration of an unemployment insurance
program;

(3) any agency responsible for the maintenance of a system
of public employment offices for the purpose of assisting
individuals in obtaining employment;

(4) human rights agencies within Minnesota that have
enforcement powers;

(5) the Department of Revenue only to the extent necessary
for its duties under Minnesota laws;

(6) public and private agencies responsible for
administering publicly financed assistance programs for the
purpose of monitoring the eligibility of the program's
recipients;

(7) the Department of Labor and Industry and the Division
of Insurance Fraud Prevention in the Department of Commerce on
an interchangeable basis with the department for uses consistent
with the administration of their duties under Minnesota law;

(8) local and state welfare agencies for monitoring the
eligibility of the data subject for assistance programs, or for
any employment or training program administered by those
agencies, whether alone, in combination with another welfare
agency, or in conjunction with the department or to monitor and
evaluate the statewide Minnesota family investment program by
providing data on recipients and former recipients of food
stamps or food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or
medical programs under chapter 256B, 256D, or 256L;

(9) new text begin local and state welfare agencies for the purpose of
identifying employment, wages, and other information to assist
in the collection of an overpayment debt in an assistance
program;
new text end

new text begin (10) new text end local, state, and federal law enforcement agencies for
the sole purpose of ascertaining the last known address and
employment location of a person who is the subject of a criminal
investigation;

deleted text begin (10) deleted text end new text begin (11) new text end the federal Immigration and Naturalization
Service shall have access to data on specific individuals and
specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency; and

deleted text begin (11) deleted text end new text begin (12) new text end the Department of Health solely for the purposes
of epidemiologic investigations.

(b) Data on individuals and employers that are collected,
maintained, or used by the department in an investigation
pursuant to section 268.182 are confidential as to data on
individuals and protected nonpublic data not on individuals as
defined in section 13.02, subdivisions 3 and 13, and must not be
disclosed except pursuant to statute or court order or to a
party named in a criminal proceeding, administrative or
judicial, for preparation of a defense.

(c) Data gathered by the department pursuant to the
administration of the Minnesota unemployment insurance program
must not be made the subject or the basis for any suit in any
civil proceedings, administrative or judicial, unless the action
is initiated by the department.