Illinois General Assembly - Full Text of SB2466
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Full Text of SB2466  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Ram Villivalam


820 ILCS 405/900  from Ch. 48, par. 490
820 ILCS 405/1900  from Ch. 48, par. 640
820 ILCS 405/2206.2 new

    Amends the Unemployment Insurance Act. Provides that when an individual has received benefits and been found to be ineligible for those benefits, the individual must be provided notice of his or her appeal rights. Permits the Director of Employment Security to request that the Comptroller and the Secretary of the Treasury withhold any sum of benefits that an ineligible individual has received through the individual's own fault. Provides that, with the written consent of a claimant or employing unit and an agreement not to publicly disclose, the Director shall provide requested information related to a claim to a public officer or his or her agent. Provides that nothing under the Act prohibits the disclosure of contracts entered into by the Department of Employment Security in accordance with the Illinois Procurement Code. Provides that, except as otherwise provided in the Illinois Procurement Code, all contracts for services, purchases, or sales by the Department not subject to public bid shall be made available on the Department's website within 14 days of execution of the contract. Effective immediately.

LRB102 10210 JLS 15533 b






SB2466LRB102 10210 JLS 15533 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unemployment Insurance Act is amended by
5changing Sections 900 and 1900 and by adding Section 2206.2 as
7    (820 ILCS 405/900)  (from Ch. 48, par. 490)
8    Sec. 900. Recoupment.)
9    A. Whenever an individual has received any sum as benefits
10for which he or she is found to have been ineligible, the
11individual must be provided written notice of his or her
12appeal rights, including the ability to request waiver of any
13recoupment ordered and the standard for such waiver to be
14granted. Thereafter, the amount thereof may be recovered by
15suit in the name of the People of the State of Illinois, or,
16from benefits payable to him, may be recouped:
17        1. At any time, if, to receive such sum, he knowingly
18    made a false statement or knowingly failed to disclose a
19    material fact.
20        2. Within 3 years from any date prior to January 1,
21    1984, on which he has been found to have been ineligible
22    for any other reason, pursuant to a reconsidered finding
23    or a reconsidered determination, or pursuant to the



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1    decision of a Referee (or of the Director or his
2    representative under Section 604) which modifies or sets
3    aside a finding or a reconsidered finding or a
4    determination or a reconsidered determination; or within 5
5    years from any date after December 31, 1983, on which he
6    has been found to have been ineligible for any other
7    reason, pursuant to a reconsidered finding or a
8    reconsidered determination, or pursuant to the decision of
9    a Referee (or of the Director or his representative under
10    Section 604) which modifies or sets aside a finding or a
11    reconsidered finding or a determination or a reconsidered
12    determination. Recoupment pursuant to the provisions of
13    this paragraph from benefits payable to an individual for
14    any week may be waived upon the individual's request, if
15    the sum referred to in paragraph A was received by the
16    individual without fault on his part and if such
17    recoupment would be against equity and good conscience.
18    Such waiver may be denied with respect to any subsequent
19    week if, in that week, the facts and circumstances upon
20    which waiver was based no longer exist.
21    B. Whenever the claims adjudicator referred to in Section
22702 decides that any sum received by a claimant as benefits
23shall be recouped, or denies recoupment waiver requested by
24the claimant, he shall promptly notify the claimant of his
25decision and the reasons therefor. The decision and the notice
26thereof shall state the amount to be recouped, the weeks with



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1respect to which such sum was received by the claimant, and the
2time within which it may be recouped and, as the case may be,
3the reasons for denial of recoupment waiver. The claims
4adjudicator may reconsider his decision within one year after
5the date when the decision was made. Such decision or
6reconsidered decision may be appealed to a Referee within the
7time limits prescribed by Section 800 for appeal from a
8determination. Any such appeal, and any appeal from the
9Referee's decision thereon, shall be governed by the
10applicable provisions of Sections 801, 803, 804 and 805. No
11recoupment shall be begun until the expiration of the time
12limits prescribed by Section 800 of this Act or, if an appeal
13has been filed, until the decision of a Referee has been made
14thereon affirming the decision of the Claims Adjudicator.
15    C. Any sums recovered under the provisions of this Section
16shall be treated as repayments to the Department of sums
17improperly obtained by the claimant.
18    D. Whenever, by reason of a back pay award made by any
19governmental agency or pursuant to arbitration proceedings, or
20by reason of a payment of wages wrongfully withheld by an
21employing unit, an individual has received wages for weeks
22with respect to which he has received benefits, the amount of
23such benefits may be recouped or otherwise recovered as herein
24provided. An employing unit making a back pay award to an
25individual for weeks with respect to which the individual has
26received benefits shall make the back pay award by check



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1payable jointly to the individual and to the Department.
2    E. The amount recouped pursuant to paragraph 2 of
3subsection A from benefits payable to an individual for any
4week shall not exceed 25% of the individual's weekly benefit
6    In addition to the remedies provided by this Section, when
7an individual has received any sum as benefits for which he is
8found to be ineligible, the Director may request the
9Comptroller to withhold such sum in accordance with Section
1010.05 of the State Comptroller Act and the Director may
11request the Secretary of the Treasury to withhold such sum to
12the extent allowed by and in accordance with Section 6402(f)
13of the federal Internal Revenue Code of 1986, as amended.
14Benefits paid pursuant to this Act shall not be subject to such
15withholding. Where the Director requests withholding by the
16Secretary of the Treasury pursuant to this Section, in
17addition to the amount of benefits for which the individual
18has been found ineligible, the individual shall be liable for
19any legally authorized administrative fee assessed by the
20Secretary, with such fee to be added to the amount to be
21withheld by the Secretary.
22(Source: P.A. 97-621, eff. 11-18-11; 97-791, eff. 1-1-13.)
23    (820 ILCS 405/1900)  (from Ch. 48, par. 640)
24    Sec. 1900. Disclosure of information.
25    A. Except as provided in this Section, information



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1obtained from any individual or employing unit during the
2administration of this Act shall:
3        1. be confidential,
4        2. not be published or open to public inspection,
5        3. not be used in any court in any pending action or
6    proceeding,
7        4. not be admissible in evidence in any action or
8    proceeding other than one arising out of this Act.
9    B. No finding, determination, decision, ruling or order
10(including any finding of fact, statement or conclusion made
11therein) issued pursuant to this Act shall be admissible or
12used in evidence in any action other than one arising out of
13this Act, nor shall it be binding or conclusive except as
14provided in this Act, nor shall it constitute res judicata,
15regardless of whether the actions were between the same or
16related parties or involved the same facts.
17    C. Any officer or employee of this State, any officer or
18employee of any entity authorized to obtain information
19pursuant to this Section, and any agent of this State or of
20such entity who, except with authority of the Director under
21this Section or as authorized pursuant to subsection P-1,
22shall disclose information shall be guilty of a Class B
23misdemeanor and shall be disqualified from holding any
24appointment or employment by the State.
25    D. An individual or his duly authorized agent may be
26supplied with information from records only to the extent



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1necessary for the proper presentation of his claim for
2benefits or with his existing or prospective rights to
3benefits. Discretion to disclose this information belongs
4solely to the Director and is not subject to a release or
5waiver by the individual. Notwithstanding any other provision
6to the contrary, an individual or his or her duly authorized
7agent may be supplied with a statement of the amount of
8benefits paid to the individual during the 18 months preceding
9the date of his or her request.
10    E. An employing unit may be furnished with information,
11only if deemed by the Director as necessary to enable it to
12fully discharge its obligations or safeguard its rights under
13the Act. Discretion to disclose this information belongs
14solely to the Director and is not subject to a release or
15waiver by the employing unit.
16    F. The Director may furnish any information that he may
17deem proper to any public officer or public agency of this or
18any other State or of the federal government dealing with:
19        1. the administration of relief,
20        2. public assistance,
21        3. unemployment compensation,
22        4. a system of public employment offices,
23        5. wages and hours of employment, or
24        6. a public works program.
25    The Director may make available to the Illinois Workers'
26Compensation Commission information regarding employers for



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1the purpose of verifying the insurance coverage required under
2the Workers' Compensation Act and Workers' Occupational
3Diseases Act.
4    G. The Director may disclose information submitted by the
5State or any of its political subdivisions, municipal
6corporations, instrumentalities, or school or community
7college districts, except for information which specifically
8identifies an individual claimant.
9    H. The Director shall disclose only that information
10required to be disclosed under Section 303 of the Social
11Security Act, as amended, including:
12        1. any information required to be given the United
13    States Department of Labor under Section 303(a)(6); and
14        2. the making available upon request to any agency of
15    the United States charged with the administration of
16    public works or assistance through public employment, the
17    name, address, ordinary occupation and employment status
18    of each recipient of unemployment compensation, and a
19    statement of such recipient's right to further
20    compensation under such law as required by Section
21    303(a)(7); and
22        3. records to make available to the Railroad
23    Retirement Board as required by Section 303(c)(1); and
24        4. information that will assure reasonable cooperation
25    with every agency of the United States charged with the
26    administration of any unemployment compensation law as



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1    required by Section 303(c)(2); and
2        5. information upon request and on a reimbursable
3    basis to the United States Department of Agriculture and
4    to any State food stamp agency concerning any information
5    required to be furnished by Section 303(d); and
6        6. any wage information upon request and on a
7    reimbursable basis to any State or local child support
8    enforcement agency required by Section 303(e); and
9        7. any information required under the income
10    eligibility and verification system as required by Section
11    303(f); and
12        8. information that might be useful in locating an
13    absent parent or that parent's employer, establishing
14    paternity or establishing, modifying, or enforcing child
15    support orders for the purpose of a child support
16    enforcement program under Title IV of the Social Security
17    Act upon the request of and on a reimbursable basis to the
18    public agency administering the Federal Parent Locator
19    Service as required by Section 303(h); and
20        9. information, upon request, to representatives of
21    any federal, State or local governmental public housing
22    agency with respect to individuals who have signed the
23    appropriate consent form approved by the Secretary of
24    Housing and Urban Development and who are applying for or
25    participating in any housing assistance program
26    administered by the United States Department of Housing



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1    and Urban Development as required by Section 303(i).
2    I. The Director, upon the request of a public agency of
3Illinois, of the federal government or of any other state
4charged with the investigation or enforcement of Section 10-5
5of the Criminal Code of 2012 (or a similar federal law or
6similar law of another State), may furnish the public agency
7information regarding the individual specified in the request
8as to:
9        1. the current or most recent home address of the
10    individual, and
11        2. the names and addresses of the individual's
12    employers.
13    J. Nothing in this Section shall be deemed to interfere
14with the disclosure of certain records as provided for in
15Section 1706 or with the right to make available to the
16Internal Revenue Service of the United States Department of
17the Treasury, or the Department of Revenue of the State of
18Illinois, information obtained under this Act.
19    K. The Department shall make available to the Illinois
20Student Assistance Commission, upon request, information in
21the possession of the Department that may be necessary or
22useful to the Commission in the collection of defaulted or
23delinquent student loans which the Commission administers.
24    L. The Department shall make available to the State
25Employees' Retirement System, the State Universities
26Retirement System, the Teachers' Retirement System of the



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1State of Illinois, and the Department of Central Management
2Services, Risk Management Division, upon request, information
3in the possession of the Department that may be necessary or
4useful to the System or the Risk Management Division for the
5purpose of determining whether any recipient of a disability
6benefit from the System or a workers' compensation benefit
7from the Risk Management Division is gainfully employed.
8    M. This Section shall be applicable to the information
9obtained in the administration of the State employment
10service, except that the Director may publish or release
11general labor market information and may furnish information
12that he may deem proper to an individual, public officer or
13public agency of this or any other State or the federal
14government (in addition to those public officers or public
15agencies specified in this Section) as he prescribes by Rule.
16    N. The Director may require such safeguards as he deems
17proper to insure that information disclosed pursuant to this
18Section is used only for the purposes set forth in this
20    O. Nothing in this Section prohibits communication with an
21individual or entity through unencrypted e-mail or other
22unencrypted electronic means as long as the communication does
23not contain the individual's or entity's name in combination
24with any one or more of the individual's or entity's social
25security number; driver's license or State identification
26number; credit or debit card number; or any required security



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1code, access code, or password that would permit access to
2further information pertaining to the individual or entity.
3    P. (Blank).
4    P-1. With the express written consent of a claimant or
5employing unit and an agreement not to publicly disclose, the
6Director shall provide requested information related to a
7claim to a public officer or his or her agent.
8    Q. The Director shall make available to an elected federal
9official the name and address of an individual or entity that
10is located within the jurisdiction from which the official was
11elected and that, for the most recently completed calendar
12year, has reported to the Department as paying wages to
13workers, where the information will be used in connection with
14the official duties of the official and the official requests
15the information in writing, specifying the purposes for which
16it will be used. For purposes of this subsection, the use of
17information in connection with the official duties of an
18official does not include use of the information in connection
19with the solicitation of contributions or expenditures, in
20money or in kind, to or on behalf of a candidate for public or
21political office or a political party or with respect to a
22public question, as defined in Section 1-3 of the Election
23Code, or in connection with any commercial solicitation. Any
24elected federal official who, in submitting a request for
25information covered by this subsection, knowingly makes a
26false statement or fails to disclose a material fact, with the



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1intent to obtain the information for a purpose not authorized
2by this subsection, shall be guilty of a Class B misdemeanor.
3    R. The Director may provide to any State or local child
4support agency, upon request and on a reimbursable basis,
5information that might be useful in locating an absent parent
6or that parent's employer, establishing paternity, or
7establishing, modifying, or enforcing child support orders.
8    S. The Department shall make available to a State's
9Attorney of this State or a State's Attorney's investigator,
10upon request, the current address or, if the current address
11is unavailable, current employer information, if available, of
12a victim of a felony or a witness to a felony or a person
13against whom an arrest warrant is outstanding.
14    T. The Director shall make available to the Department of
15State Police, a county sheriff's office, or a municipal police
16department, upon request, any information concerning the
17current address and place of employment or former places of
18employment of a person who is required to register as a sex
19offender under the Sex Offender Registration Act that may be
20useful in enforcing the registration provisions of that Act.
21    U. The Director shall make information available to the
22Department of Healthcare and Family Services and the
23Department of Human Services for the purpose of determining
24eligibility for public benefit programs authorized under the
25Illinois Public Aid Code and related statutes administered by
26those departments, for verifying sources and amounts of



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1income, and for other purposes directly connected with the
2administration of those programs.
3    V. The Director shall make information available to the
4State Board of Elections as may be required by an agreement the
5State Board of Elections has entered into with a multi-state
6voter registration list maintenance system.
7    W. The Director shall make information available to the
8State Treasurer's office and the Department of Revenue for the
9purpose of facilitating compliance with the Illinois Secure
10Choice Savings Program Act, including employer contact
11information for employers with 25 or more employees and any
12other information the Director deems appropriate that is
13directly related to the administration of this program.
14    X. The Director shall make information available, upon
15request, to the Illinois Student Assistance Commission for the
16purpose of determining eligibility for the adult vocational
17community college scholarship program under Section 65.105 of
18the Higher Education Student Assistance Act.
19    Y. Nothing in this Section prohibits disclosure of
20contracts entered into by the Department in accordance with
21the Illinois Procurement Code.
22(Source: P.A. 100-484, eff. 9-8-17; 101-315, eff. 1-1-20.)
23    (820 ILCS 405/2206.2 new)
24    Sec. 2206.2. Vendor contracts. Except as otherwise
25provided in the Illinois Procurement Code, all contracts for



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1services, purchases, or sales by the Department not subject to
2public bid shall be made available on the Department's website
3within days of execution of the contract. Any contract subject
4to publication under this Section shall also include a
5provision identifying an individual designated to act as
6community liaison for the purpose of responding to public
7inquiries regarding the contract. This Section shall apply
8regardless of the source of the funds with which the contracts
9are paid,including federal assistance moneys,unless otherwise
10prohibited by federal law.
11    Section 99. Effective date. This Act takes effect upon
12becoming law.