CHAPTER 122

FORMERLY

HOUSE BILL NO. 290

AN ACT TO AMEND CHAPTER 31, TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 3125, Title 19 of the Delaware Code by striking subparagraph (a) (1) in its entirety and In lieu thereof substitute the following:

"(a) (1) Each employing unit shall keep true and accurate records containing such information u the Department prescribes. Such records shall be open to inspecUon and subject to be copied by the Department or its authorized representaUves at any reasonable time and as often as necessary. The Department may require from any employing unit any sworn or unworn reports with respect to persons employed by such employing unit which the Department deems necessary for the effective administration of this part. Information thus obtained or obtained from any individual pursuant to the administration of this part shall, except to the extent necessary for the proper presentaUon of a claim, be held confidential and shall not be published or be open to public inspection other than to member or employees of agencies u specified in paragraphs (2), (3), and (4) of this subsecUon, in any manner revealing the individual's or employing unit's Identity, but any claimant, or his legal representative, shall be supplied with information from such records to the extent necessary for the proper presentation of his claim."

Section 2. Amend SecUon 3125, Title 19 of the Delaware Code by adding thereto a new paragraph (a) (4) to read as follows:

"(4) The Department shall disclose information, the release of which is otherwise prohibited, to officials and employees of governmental agencies in the performance of their official duUes, as it may by regulation permit, provided:

a. The regulation specifies the type of information to be released and the uses to which the information may be put, consistent with the administration of the Unemployment Laws of Delaware and other legitimate governmental interests.

b. The information shall not be released Unless the requesting ageney agrees to reimburse the costs for furnishing such information.

c. In addition to the requirements of this paragraph, all other requirements with respect to the confidentiality of information obtained in the administration of this secUon and the sancUons imposed for Improper disclosure shall apply to the use of such information by officials and employees of agencies to which information is released pursuant to this paragraph.

d. The regulation specifies that the Secretary of Labor of the United State may obtain all information essential to the performance of the Secretary's official duties without an agreement to reimburse costs."

Approved July 3, 1985.