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1 | AN ACT concerning child support.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | ||||||||||||||||||||||||||
5 | changing Section 10-3.4 as follows:
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6 | (305 ILCS 5/10-3.4)
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7 | Sec. 10-3.4. Obtaining location information.
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8 | (a) The Illinois Department shall enter into agreements | ||||||||||||||||||||||||||
9 | with the Department
of State Police and the Secretary of State | ||||||||||||||||||||||||||
10 | to obtain location information on
persons for the purpose of | ||||||||||||||||||||||||||
11 | establishing paternity, and establishing, modifying,
and | ||||||||||||||||||||||||||
12 | enforcing child support obligations. In addition, and also for | ||||||||||||||||||||||||||
13 | the purpose of establishing paternity and establishing, | ||||||||||||||||||||||||||
14 | modifying,
and enforcing child support obligations, the | ||||||||||||||||||||||||||
15 | Illinois Department shall enter into an agreement with the | ||||||||||||||||||||||||||
16 | Director of Employment Security to obtain information reported | ||||||||||||||||||||||||||
17 | to the Department of Employment Security and contained in that | ||||||||||||||||||||||||||
18 | Department's Illinois Directory of New Hires maintained under | ||||||||||||||||||||||||||
19 | Section 1801.1 of the Unemployment Insurance Act.
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20 | (b) Upon request, the Illinois Department shall provide | ||||||||||||||||||||||||||
21 | information obtained
pursuant to this Section to federal | ||||||||||||||||||||||||||
22 | agencies and other states' agencies
conducting child support | ||||||||||||||||||||||||||
23 | enforcement activities under Title IV, Part D of the
Social |
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1 | Security Act.
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2 | (Source: P.A. 90-18, eff. 7-1-97.)
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3 | Section 10. The Unemployment Insurance Act is amended by | ||||||
4 | changing Section 1900 as follows:
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5 | (820 ILCS 405/1900) (from Ch. 48, par. 640)
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6 | Sec. 1900. Disclosure of information.
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7 | A. Except as provided in this Section, information obtained | ||||||
8 | from any
individual or employing unit during the administration | ||||||
9 | of this Act shall:
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10 | 1. be confidential,
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11 | 2. not be published or open to public inspection,
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12 | 3. not be used in any court in any pending action or | ||||||
13 | proceeding,
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14 | 4. not be admissible in evidence in any action or | ||||||
15 | proceeding other than
one arising out of this Act.
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16 | B. No finding, determination, decision, ruling or order | ||||||
17 | (including
any finding of fact, statement or conclusion made | ||||||
18 | therein) issued pursuant
to this Act shall be admissible or | ||||||
19 | used in evidence in any action other than
one arising out of | ||||||
20 | this Act, nor shall it be binding or conclusive except
as | ||||||
21 | provided in this Act, nor shall it constitute res judicata, | ||||||
22 | regardless
of whether the actions were between the same or | ||||||
23 | related parties or involved
the same facts.
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24 | C. Any officer or employee of this State, any officer or |
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1 | employee of any
entity authorized to obtain information | ||||||
2 | pursuant to this Section, and any
agent of this State or of | ||||||
3 | such entity
who, except with authority of
the Director under | ||||||
4 | this Section, shall disclose information shall be guilty
of a | ||||||
5 | Class B misdemeanor and shall be disqualified from holding any
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6 | appointment or employment by the State.
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7 | D. An individual or his duly authorized agent may be | ||||||
8 | supplied with
information from records only to the extent | ||||||
9 | necessary for the proper
presentation of his claim for benefits | ||||||
10 | or with his existing or prospective
rights to benefits. | ||||||
11 | Discretion to disclose this information belongs
solely to the | ||||||
12 | Director and is not subject to a release or waiver by the
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13 | individual.
Notwithstanding any other provision to the | ||||||
14 | contrary, an individual or his or
her duly authorized agent may | ||||||
15 | be supplied with a statement of the amount of
benefits paid to | ||||||
16 | the individual during the 18 months preceding the date of his
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17 | or her request.
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18 | E. An employing unit may be furnished with information, | ||||||
19 | only if deemed by
the Director as necessary to enable it to | ||||||
20 | fully discharge its obligations or
safeguard its rights under | ||||||
21 | the Act. Discretion to disclose this information
belongs solely | ||||||
22 | to the Director and is not subject to a release or waiver by | ||||||
23 | the
employing unit.
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24 | F. The Director may furnish any information that he may | ||||||
25 | deem proper to
any public officer or public agency of this or | ||||||
26 | any other State or of the
federal government dealing with:
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1 | 1. the administration of relief,
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2 | 2. public assistance,
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3 | 3. unemployment compensation,
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4 | 4. a system of public employment offices,
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5 | 5. wages and hours of employment, or
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6 | 6. a public works program.
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7 | The Director may make available to the Illinois Workers' | ||||||
8 | Compensation Commission
information regarding employers for | ||||||
9 | the purpose of verifying the insurance
coverage required under | ||||||
10 | the Workers' Compensation Act and Workers'
Occupational | ||||||
11 | Diseases Act.
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12 | G. The Director may disclose information submitted by the | ||||||
13 | State or any
of its political subdivisions, municipal | ||||||
14 | corporations, instrumentalities,
or school or community | ||||||
15 | college districts, except for information which
specifically | ||||||
16 | identifies an individual claimant.
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17 | H. The Director shall disclose only that information | ||||||
18 | required to be
disclosed under Section 303 of the Social | ||||||
19 | Security Act, as amended, including:
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20 | 1. any information required to be given the United | ||||||
21 | States Department of
Labor under Section 303(a)(6); and
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22 | 2. the making available upon request to any agency of | ||||||
23 | the United States
charged with the administration of public | ||||||
24 | works or assistance through
public employment, the name, | ||||||
25 | address, ordinary occupation and employment
status of each | ||||||
26 | recipient of unemployment compensation, and a statement of
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1 | such recipient's right to further compensation under such | ||||||
2 | law as required
by Section 303(a)(7); and
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3 | 3. records to make available to the Railroad Retirement | ||||||
4 | Board as
required by Section 303(c)(1); and
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5 | 4. information that will assure reasonable cooperation | ||||||
6 | with every agency
of the United States charged with the | ||||||
7 | administration of any unemployment
compensation law as | ||||||
8 | required by Section 303(c)(2); and
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9 | 5. information upon request and on a reimbursable basis | ||||||
10 | to the United
States Department of Agriculture and to any | ||||||
11 | State food stamp agency
concerning any information | ||||||
12 | required to be furnished by Section 303(d); and
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13 | 6. any wage information upon request and on a | ||||||
14 | reimbursable basis
to any State or local child support | ||||||
15 | enforcement agency required by
Section 303(e); and
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16 | 7. any information required under the income | ||||||
17 | eligibility and
verification system as required by Section | ||||||
18 | 303(f); and
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19 | 8. information that might be useful in locating an | ||||||
20 | absent parent or that
parent's employer, establishing | ||||||
21 | paternity or establishing, modifying, or
enforcing child | ||||||
22 | support orders
for the purpose of a child support | ||||||
23 | enforcement program
under Title IV of the Social Security | ||||||
24 | Act upon the request of
and on a reimbursable basis to
the | ||||||
25 | public
agency administering the Federal Parent Locator | ||||||
26 | Service as required by
Section 303(h); and
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1 | 9. information, upon request, to representatives of | ||||||
2 | any federal, State
or local governmental public housing | ||||||
3 | agency with respect to individuals who
have signed the | ||||||
4 | appropriate consent form approved by the Secretary of | ||||||
5 | Housing
and Urban Development and who are applying for or | ||||||
6 | participating in any housing
assistance program | ||||||
7 | administered by the United States Department of Housing and
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8 | Urban Development as required by Section 303(i).
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9 | I. The Director, upon the request of a public agency of | ||||||
10 | Illinois, of the
federal government or of any other state | ||||||
11 | charged with the investigation or
enforcement of Section 10-5 | ||||||
12 | of the Criminal Code of 1961 (or a similar
federal law or | ||||||
13 | similar law of another State), may furnish the public agency
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14 | information regarding the individual specified in the request | ||||||
15 | as to:
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16 | 1. the current or most recent home address of the | ||||||
17 | individual, and
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18 | 2. the names and addresses of the individual's | ||||||
19 | employers.
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20 | J. Nothing in this Section shall be deemed to interfere | ||||||
21 | with the
disclosure of certain records as provided for in | ||||||
22 | Section 1706 or with the
right to make available to the | ||||||
23 | Internal Revenue Service of the United
States Department of the | ||||||
24 | Treasury, or the Department of Revenue of the
State of | ||||||
25 | Illinois, information obtained under this Act.
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26 | K. The Department shall make available to the Illinois |
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1 | Student Assistance
Commission, upon request, information in | ||||||
2 | the possession of the Department that
may be necessary or | ||||||
3 | useful to the
Commission in the collection of defaulted or | ||||||
4 | delinquent student loans which
the Commission administers.
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5 | L. The Department shall make available to the State | ||||||
6 | Employees'
Retirement System, the State Universities | ||||||
7 | Retirement System, and the
Teachers' Retirement System of the | ||||||
8 | State of Illinois, upon request,
information in the possession | ||||||
9 | of the Department that may be necessary or useful
to the System | ||||||
10 | for the purpose of determining whether any recipient of a
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11 | disability benefit from the System is gainfully employed.
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12 | M. This Section shall be applicable to the information | ||||||
13 | obtained in the
administration of the State employment service, | ||||||
14 | except that the Director
may publish or release general labor | ||||||
15 | market information and may furnish
information that he may deem | ||||||
16 | proper to an individual, public officer or
public agency of | ||||||
17 | this or any other State or the federal government (in
addition | ||||||
18 | to those public officers or public agencies specified in this
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19 | Section) as he prescribes by Rule.
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20 | N. The Director may require such safeguards as he deems | ||||||
21 | proper to insure
that information disclosed pursuant to this | ||||||
22 | Section is used only for the
purposes set forth in this | ||||||
23 | Section.
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24 | O. (Blank).
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25 | P. Within 30 days after the effective date of this | ||||||
26 | amendatory Act of 1993
and annually thereafter, the Department |
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1 | shall provide to the Department of
Financial Institutions a | ||||||
2 | list of individuals or entities that, for the most
recently | ||||||
3 | completed calendar year, report to the Department as paying | ||||||
4 | wages to
workers. The lists shall be deemed confidential and | ||||||
5 | may not be disclosed to
any other person.
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6 | Q. The Director shall make available to an elected federal
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7 | official the name and address of an individual or entity that | ||||||
8 | is located within
the jurisdiction from which the official was | ||||||
9 | elected and that, for the most
recently completed calendar | ||||||
10 | year, has reported to the Department as paying
wages to | ||||||
11 | workers, where the information will be used in connection with | ||||||
12 | the
official duties of the official and the official requests | ||||||
13 | the information in
writing, specifying the purposes for which | ||||||
14 | it will be used.
For purposes of this subsection, the use of | ||||||
15 | information in connection with the
official duties of an | ||||||
16 | official does not include use of the information in
connection | ||||||
17 | with the solicitation of contributions or expenditures, in | ||||||
18 | money or
in kind, to or on behalf of a candidate for public or | ||||||
19 | political office or a
political party or with respect to a | ||||||
20 | public question, as defined in Section 1-3
of the Election | ||||||
21 | Code, or in connection with any commercial solicitation. Any
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22 | elected federal official who, in submitting a request for | ||||||
23 | information
covered by this subsection, knowingly makes a false | ||||||
24 | statement or fails to
disclose a material fact, with the intent | ||||||
25 | to obtain the information for a
purpose not authorized by this | ||||||
26 | subsection, shall be guilty of a Class B
misdemeanor.
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1 | R. The Director shall
may provide to any State or local | ||||||
2 | child support
agency, including the Attorney General and any | ||||||
3 | State's Attorney, upon request and on a reimbursable basis, | ||||||
4 | information that might be
useful in locating an absent parent | ||||||
5 | or that parent's employer, establishing
paternity, or | ||||||
6 | establishing, modifying, or enforcing child support orders.
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7 | S. The Department shall make available to a State's | ||||||
8 | Attorney of this
State or a State's Attorney's investigator,
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9 | upon request, the current address or, if the current address is
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10 | unavailable, current employer information, if available, of a | ||||||
11 | victim of
a felony or a
witness to a felony or a person against | ||||||
12 | whom an arrest warrant is
outstanding.
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13 | T. The Director shall make available to the Department of | ||||||
14 | State Police, upon request, any information concerning the | ||||||
15 | place of employment or former places of employment of a person | ||||||
16 | who is required to register as a sex offender under the Sex | ||||||
17 | Offender Registration Act that may be useful in enforcing the | ||||||
18 | registration provisions requiring a sex offender to disclose | ||||||
19 | his or her place of employment to the law enforcement agency of | ||||||
20 | the jurisdiction in which the sex offender is employed.
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21 | (Source: P.A. 93-311, eff. 1-1-04; 93-721, eff. 1-1-05; 94-911, | ||||||
22 | eff. 6-23-06.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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