Full Text of SB1735 101st General Assembly
SB1735sam001 101ST GENERAL ASSEMBLY | Sen. Omar Aquino Filed: 3/13/2019
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| 1 | | AMENDMENT TO SENATE BILL 1735
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1735 on page 3, | 3 | | immediately below line 22, by inserting the following:
| 4 | | "Section 10. The Unemployment Insurance Act is amended by | 5 | | changing Section 1900 as follows:
| 6 | | (820 ILCS 405/1900) (from Ch. 48, par. 640)
| 7 | | Sec. 1900. Disclosure of information.
| 8 | | A. Except as provided in this Section, information obtained | 9 | | from any
individual or employing unit during the administration | 10 | | of this Act shall:
| 11 | | 1. be confidential,
| 12 | | 2. not be published or open to public inspection,
| 13 | | 3. not be used in any court in any pending action or | 14 | | proceeding,
| 15 | | 4. not be admissible in evidence in any action or | 16 | | proceeding other than
one arising out of this Act.
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| 1 | | B. No finding, determination, decision, ruling or order | 2 | | (including
any finding of fact, statement or conclusion made | 3 | | therein) issued pursuant
to this Act shall be admissible or | 4 | | used in evidence in any action other than
one arising out of | 5 | | this Act, nor shall it be binding or conclusive except
as | 6 | | provided in this Act, nor shall it constitute res judicata, | 7 | | regardless
of whether the actions were between the same or | 8 | | related parties or involved
the same facts.
| 9 | | C. Any officer or employee of this State, any officer or | 10 | | employee of any
entity authorized to obtain information | 11 | | pursuant to this Section, and any
agent of this State or of | 12 | | such entity
who, except with authority of
the Director under | 13 | | this Section, shall disclose information shall be guilty
of a | 14 | | Class B misdemeanor and shall be disqualified from holding any
| 15 | | appointment or employment by the State.
| 16 | | D. An individual or his duly authorized agent may be | 17 | | supplied with
information from records only to the extent | 18 | | necessary for the proper
presentation of his claim for benefits | 19 | | or with his existing or prospective
rights to benefits. | 20 | | Discretion to disclose this information belongs
solely to the | 21 | | Director and is not subject to a release or waiver by the
| 22 | | individual.
Notwithstanding any other provision to the | 23 | | contrary, an individual or his or
her duly authorized agent may | 24 | | be supplied with a statement of the amount of
benefits paid to | 25 | | the individual during the 18 months preceding the date of his
| 26 | | or her request.
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| 1 | | E. An employing unit may be furnished with information, | 2 | | only if deemed by
the Director as necessary to enable it to | 3 | | fully discharge its obligations or
safeguard its rights under | 4 | | the Act. Discretion to disclose this information
belongs solely | 5 | | to the Director and is not subject to a release or waiver by | 6 | | the
employing unit.
| 7 | | F. The Director may furnish any information that he may | 8 | | deem proper to
any public officer or public agency of this or | 9 | | any other State or of the
federal government , or to any public | 10 | | college or university or to any non-profit private college or | 11 | | university, dealing with:
| 12 | | 1. the administration of relief,
| 13 | | 2. public assistance,
| 14 | | 3. unemployment compensation,
| 15 | | 4. a system of public employment offices,
| 16 | | 5. wages and hours of employment, or
| 17 | | 6. a public works program , or .
| 18 | | 7. statistical analysis, research, program | 19 | | improvement, and evaluation of policies or programs | 20 | | designed to promote the employment of job seekers, reduce | 21 | | poverty, promote social mobility, or increase financial | 22 | | stability. | 23 | | The Director may make available to the Illinois Workers' | 24 | | Compensation Commission
information regarding employers for | 25 | | the purpose of verifying the insurance
coverage required under | 26 | | the Workers' Compensation Act and Workers'
Occupational |
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| 1 | | Diseases Act.
| 2 | | G. The Director may disclose information submitted by the | 3 | | State or any
of its political subdivisions, municipal | 4 | | corporations, instrumentalities,
or school or community | 5 | | college districts, except for information which
specifically | 6 | | identifies an individual claimant.
| 7 | | H. The Director shall disclose only that information | 8 | | required to be
disclosed under Section 303 of the Social | 9 | | Security Act, as amended, including:
| 10 | | 1. any information required to be given the United | 11 | | States Department of
Labor under Section 303(a)(6); and
| 12 | | 2. the making available upon request to any agency of | 13 | | the United States
charged with the administration of public | 14 | | works or assistance through
public employment, the name, | 15 | | address, ordinary occupation and employment
status of each | 16 | | recipient of unemployment compensation, and a statement of
| 17 | | such recipient's right to further compensation under such | 18 | | law as required
by Section 303(a)(7); and
| 19 | | 3. records to make available to the Railroad Retirement | 20 | | Board as
required by Section 303(c)(1); and
| 21 | | 4. information that will assure reasonable cooperation | 22 | | with every agency
of the United States charged with the | 23 | | administration of any unemployment
compensation law as | 24 | | required by Section 303(c)(2); and
| 25 | | 5. information upon request and on a reimbursable basis | 26 | | to the United
States Department of Agriculture and to any |
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| 1 | | State food stamp agency
concerning any information | 2 | | required to be furnished by Section 303(d); and
| 3 | | 6. any wage information upon request and on a | 4 | | reimbursable basis
to any State or local child support | 5 | | enforcement agency required by
Section 303(e); and
| 6 | | 7. any information required under the income | 7 | | eligibility and
verification system as required by Section | 8 | | 303(f); and
| 9 | | 8. information that might be useful in locating an | 10 | | absent parent or that
parent's employer, establishing | 11 | | paternity or establishing, modifying, or
enforcing child | 12 | | support orders
for the purpose of a child support | 13 | | enforcement program
under Title IV of the Social Security | 14 | | Act upon the request of
and on a reimbursable basis to
the | 15 | | public
agency administering the Federal Parent Locator | 16 | | Service as required by
Section 303(h); and
| 17 | | 9. information, upon request, to representatives of | 18 | | any federal, State
or local governmental public housing | 19 | | agency with respect to individuals who
have signed the | 20 | | appropriate consent form approved by the Secretary of | 21 | | Housing
and Urban Development and who are applying for or | 22 | | participating in any housing
assistance program | 23 | | administered by the United States Department of Housing and
| 24 | | Urban Development as required by Section 303(i).
| 25 | | I. The Director, upon the request of a public agency of | 26 | | Illinois, of the
federal government or of any other state |
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| 1 | | charged with the investigation or
enforcement of Section 10-5 | 2 | | of the Criminal Code of 2012 (or a similar
federal law or | 3 | | similar law of another State), may furnish the public agency
| 4 | | information regarding the individual specified in the request | 5 | | as to:
| 6 | | 1. the current or most recent home address of the | 7 | | individual, and
| 8 | | 2. the names and addresses of the individual's | 9 | | employers.
| 10 | | J. Nothing in this Section shall be deemed to interfere | 11 | | with the
disclosure of certain records as provided for in | 12 | | Section 1706 or with the
right to make available to the | 13 | | Internal Revenue Service of the United
States Department of the | 14 | | Treasury, or the Department of Revenue of the
State of | 15 | | Illinois, information obtained under this Act.
| 16 | | K. The Department shall make available to the Illinois | 17 | | Student Assistance
Commission, upon request, information in | 18 | | the possession of the Department that
may be necessary or | 19 | | useful to the
Commission in the collection of defaulted or | 20 | | delinquent student loans which
the Commission administers.
| 21 | | L. The Department shall make available to the State | 22 | | Employees'
Retirement System, the State Universities | 23 | | Retirement System, the
Teachers' Retirement System of the State | 24 | | of Illinois, and the Department of Central Management Services, | 25 | | Risk Management Division, upon request,
information in the | 26 | | possession of the Department that may be necessary or useful
to |
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| 1 | | the System or the Risk Management Division for the purpose of | 2 | | determining whether any recipient of a
disability benefit from | 3 | | the System or a workers' compensation benefit from the Risk | 4 | | Management Division is gainfully employed.
| 5 | | M. This Section shall be applicable to the information | 6 | | obtained in the
administration of the State employment service, | 7 | | except that the Director
may publish or release general labor | 8 | | market information and may furnish
information that he may deem | 9 | | proper to an individual, public officer or
public agency of | 10 | | this or any other State or the federal government (in
addition | 11 | | to those public officers or public agencies specified in this
| 12 | | Section) as he prescribes by Rule.
| 13 | | N. The Director may require such safeguards as he deems | 14 | | proper to insure
that information disclosed pursuant to this | 15 | | Section is used only for the
purposes set forth in this | 16 | | Section.
| 17 | | O. Nothing in this Section prohibits communication with an | 18 | | individual or entity through unencrypted e-mail or other | 19 | | unencrypted electronic means as long as the communication does | 20 | | not contain the individual's or entity's name in combination | 21 | | with any one or more of the individual's or entity's social | 22 | | security number; driver's license or State identification | 23 | | number; credit or debit card number; or any required security | 24 | | code, access code, or password that would permit access to | 25 | | further information pertaining to the individual or entity.
| 26 | | P. (Blank).
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| 1 | | Q. The Director shall make available to an elected federal
| 2 | | official the name and address of an individual or entity that | 3 | | is located within
the jurisdiction from which the official was | 4 | | elected and that, for the most
recently completed calendar | 5 | | year, has reported to the Department as paying
wages to | 6 | | workers, where the information will be used in connection with | 7 | | the
official duties of the official and the official requests | 8 | | the information in
writing, specifying the purposes for which | 9 | | it will be used.
For purposes of this subsection, the use of | 10 | | information in connection with the
official duties of an | 11 | | official does not include use of the information in
connection | 12 | | with the solicitation of contributions or expenditures, in | 13 | | money or
in kind, to or on behalf of a candidate for public or | 14 | | political office or a
political party or with respect to a | 15 | | public question, as defined in Section 1-3
of the Election | 16 | | Code, or in connection with any commercial solicitation. Any
| 17 | | elected federal official who, in submitting a request for | 18 | | information
covered by this subsection, knowingly makes a false | 19 | | statement or fails to
disclose a material fact, with the intent | 20 | | to obtain the information for a
purpose not authorized by this | 21 | | subsection, shall be guilty of a Class B
misdemeanor.
| 22 | | R. The Director may provide to any State or local child | 23 | | support
agency, upon request and on a reimbursable basis, | 24 | | information that might be
useful in locating an absent parent | 25 | | or that parent's employer, establishing
paternity, or | 26 | | establishing, modifying, or enforcing child support orders.
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| 1 | | S. The Department shall make available to a State's | 2 | | Attorney of this
State or a State's Attorney's investigator,
| 3 | | upon request, the current address or, if the current address is
| 4 | | unavailable, current employer information, if available, of a | 5 | | victim of
a felony or a
witness to a felony or a person against | 6 | | whom an arrest warrant is
outstanding.
| 7 | | T. The Director shall make available to the Department of | 8 | | State Police, a county sheriff's office, or a municipal police | 9 | | department, upon request, any information concerning the | 10 | | current address and place of employment or former places of | 11 | | employment of a person who is required to register as a sex | 12 | | offender under the Sex Offender Registration Act that may be | 13 | | useful in enforcing the registration provisions of that Act. | 14 | | U. The Director shall make information available to the | 15 | | Department of Healthcare and Family Services and the Department | 16 | | of Human Services for the purpose of determining eligibility | 17 | | for public benefit programs authorized under the Illinois | 18 | | Public Aid Code and related statutes administered by those | 19 | | departments, for verifying sources and amounts of income, and | 20 | | for other purposes directly connected with the administration | 21 | | of those programs. | 22 | | V. The Director shall make information available to the | 23 | | State Board of Elections as may be required by an agreement the | 24 | | State Board of Elections has entered into with a multi-state | 25 | | voter registration list maintenance system. | 26 | | W. The Director shall make information available to the |
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| 1 | | State Treasurer's office and the Department of Revenue for the | 2 | | purpose of facilitating compliance with the Illinois Secure | 3 | | Choice Savings Program Act, including employer contact | 4 | | information for employers with 25 or more employees and any | 5 | | other information the Director deems appropriate that is | 6 | | directly related to the administration of this program. | 7 | | (Source: P.A. 99-571, eff. 7-15-16; 99-933, eff. 1-27-17; | 8 | | 100-484, eff. 9-8-17.)".
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