State of Illinois
92nd General Assembly

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[ Introduced ][ House Amendment 001 ]


HB4211 Engrossed                               LRB9212208WHcs

 1        AN ACT concerning disclosure of information.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Public Aid Code  is  amended  by
 5    changing Section 11-9 as follows:

 6        (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
 7        Sec.  11-9.  Protection  of records - Exceptions. For the
 8    protection  of  applicants  and  recipients,   the   Illinois
 9    Department,  the  county  departments  and local governmental
10    units  and  their  respective  officers  and  employees   are
11    prohibited,  except  as hereinafter provided, from disclosing
12    the   contents   of   any   records,   files,   papers    and
13    communications,  except  for purposes directly connected with
14    the administration of public aid under this Code.
15        In any judicial proceeding, except a proceeding  directly
16    concerned with the administration of programs provided for in
17    this  Code,  such  records, files, papers and communications,
18    and their contents shall be deemed privileged  communications
19    and  shall  be  disclosed  only  upon the order of the court,
20    where the court finds such to be necessary in the interest of
21    justice.
22        The  Illinois  Department  shall  establish  and  enforce
23    reasonable rules and regulations governing the  custody,  use
24    and   preservation   of   the  records,  papers,  files,  and
25    communications  of  the  Illinois  Department,   the   county
26    departments  and  local governmental units receiving State or
27    Federal funds or aid.  The  governing  body  of  other  local
28    governmental units shall in like manner establish and enforce
29    rules and regulations governing the same matters.
30        The contents of case files pertaining to recipients under
31    Articles  IV,  V,  and  VI  shall  be  made available without
HB4211 Engrossed            -2-                LRB9212208WHcs
 1    subpoena or formal notice to the officers of  any  court,  to
 2    all  law  enforcing  agencies,  and  to such other persons or
 3    agencies as from time to time may be authorized by any court.
 4    In particular, the contents of those case files shall be made
 5    available upon request to a law enforcement  agency  for  the
 6    purpose  of  determining  the  current address of a recipient
 7    with respect to whom an arrest warrant  is  outstanding,  and
 8    the  current  address  of  a  recipient who was a victim of a
 9    felony or a witness to a felony shall be made available  upon
10    request  to  a  State's  Attorney  of this State or a State's
11    Attorney's investigator. Information shall also be  disclosed
12    to  the  Illinois State Scholarship Commission pursuant to an
13    investigation or audit  by  the  Illinois  State  Scholarship
14    Commission of a delinquent student loan or monetary award.
15        This Section does not prevent the Illinois Department and
16    local  governmental  units  from reporting to appropriate law
17    enforcement officials  the  desertion  or  abandonment  by  a
18    parent  of  a  child,  as a result of which financial aid has
19    been necessitated under Articles IV, V, or VI,  or  reporting
20    to appropriate law enforcement officials instances in which a
21    mother  under  age  18  has  a child out of wedlock and is an
22    applicant for or recipient of aid under any Article  of  this
23    Code.  The  Illinois  Department  may provide by rule for the
24    county departments and local governmental units  to  initiate
25    proceedings  under  the  Juvenile  Court  Act of 1987 to have
26    children declared to be neglected when they deem such  action
27    necessary  to  protect  the  children from immoral influences
28    present in their home or surroundings.
29        This Section does not preclude the full exercise  of  the
30    powers  of  the  Board of Public Aid Commissioners to inspect
31    records and documents, as provided for  all  advisory  boards
32    pursuant  to  Section  5-505  of  the  Departments  of  State
33    Government Law (20 ILCS 5/5-505).
34        This  Section  does not preclude exchanges of information
HB4211 Engrossed            -3-                LRB9212208WHcs
 1    among the Illinois Department of Public Aid,  the  Department
 2    of  Human  Services (as successor to the Department of Public
 3    Aid), and the Illinois Department of Revenue for the  purpose
 4    of  verifying  sources  and  amounts  of income and for other
 5    purposes directly connected with the administration  of  this
 6    Code and of the Illinois Income Tax Act.
 7        The  provisions  of  this Section and of Section 11-11 as
 8    they apply to applicants and recipients of public  aid  under
 9    Article  V shall be operative only to the extent that they do
10    not conflict with any Federal  law  or  regulation  governing
11    Federal grants to this State for such programs.
12        The  Illinois Department of Public Aid and the Department
13    of Human Services (as successor to the Illinois Department of
14    Public Aid) shall enter into an inter-agency  agreement  with
15    the Department of Children and Family Services to establish a
16    procedure  by  which  employees of the Department of Children
17    and Family Services may have  immediate  access  to  records,
18    files, papers, and communications (except medical, alcohol or
19    drug  assessment  or  treatment,  mental health, or any other
20    medical  records)  of   the   Illinois   Department,   county
21    departments,  and local governmental units receiving State or
22    federal funds or aid,  if  the  Department  of  Children  and
23    Family  Services  determines  the information is necessary to
24    perform its duties  under  the  Abused  and  Neglected  Child
25    Reporting  Act,  the Child Care Act of 1969, and the Children
26    and Family Services Act.
27    (Source: P.A. 91-239, eff. 1-1-00; 92-111, eff. 1-1-02.)

28        Section 10.  The Unemployment Insurance Act is amended by
29    changing Section 1900 as follows:

30        (820 ILCS 405/1900) (from Ch. 48, par. 640)
31        Sec. 1900.  Disclosure of information.
32        A.  Except  as  provided  in  this  Section,  information
HB4211 Engrossed            -4-                LRB9212208WHcs
 1    obtained from any individual or  employing  unit  during  the
 2    administration 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
 6        or 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
11    therein)  issued  pursuant to this Act shall be admissible or
12    used in evidence in any action other than one arising out  of
13    this  Act,  nor  shall  it be binding or conclusive except as
14    provided in this Act, nor shall it constitute  res  judicata,
15    regardless  of  whether  the actions were between the same or
16    related parties or involved the same facts.
17        C.  Any officer or employee of this State, any officer or
18    employee of  any  entity  authorized  to  obtain  information
19    pursuant  to  this Section, and any agent of this State or of
20    such entity who, except with authority of the Director  under
21    this Section, shall disclose information shall be guilty of a
22    Class  B  misdemeanor  and shall be disqualified from holding
23    any appointment or employment by the State.
24        D.  An individual or his duly  authorized  agent  may  be
25    supplied  with  information  from  records only to the extent
26    necessary for  the  proper  presentation  of  his  claim  for
27    benefits  or  with  his  existing  or  prospective  rights to
28    benefits.  Discretion to disclose  this  information  belongs
29    solely  to  the  Director  and is not subject to a release or
30    waiver by the individual. Notwithstanding any other provision
31    to the contrary, an individual or his or her duly  authorized
32    agent  may  be  supplied  with  a  statement of the amount of
33    benefits  paid  to  the  individual  during  the  18   months
34    preceding the date of his or her request.
HB4211 Engrossed            -5-                LRB9212208WHcs
 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
 5    solely to the Director and is not subject  to  a  release  or
 6    waiver by 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 dealing with:
10             1.  the administration of relief,
11             2.  public assistance,
12             3.  unemployment compensation,
13             4.  a system of public employment offices,
14             5.  wages and hours of employment, or
15             6.  a public works program.
16        The  Director  may  make  available   to   the   Illinois
17    Industrial Commission information regarding employers for the
18    purpose  of  verifying  the insurance coverage required under
19    the  Workers'  Compensation  Act  and  Workers'  Occupational
20    Diseases Act.
21        G.  The Director may disclose  information  submitted  by
22    the  State  or  any  of its political subdivisions, municipal
23    corporations,  instrumentalities,  or  school  or   community
24    college  districts, except for information which specifically
25    identifies an individual claimant.
26        H.  The Director shall  disclose  only  that  information
27    required  to  be  disclosed  under  Section 303 of the Social
28    Security Act, as amended, including:
29             1.  any information required to be given the  United
30        States Department of Labor under Section 303(a)(6); and
31             2.  the  making available upon request to any agency
32        of the United States charged with the  administration  of
33        public works or assistance through public employment, the
34        name,  address, ordinary occupation and employment status
HB4211 Engrossed            -6-                LRB9212208WHcs
 1        of each recipient of  unemployment  compensation,  and  a
 2        statement   of   such   recipient's   right   to  further
 3        compensation  under  such  law  as  required  by  Section
 4        303(a)(7); and
 5             3.  records  to  make  available  to  the   Railroad
 6        Retirement Board as required by Section 303(c)(1); and
 7             4.  information    that   will   assure   reasonable
 8        cooperation  with  every  agency  of  the  United  States
 9        charged  with  the  administration  of  any  unemployment
10        compensation law as required by Section 303(c)(2); and
11             5.  information upon request and on  a  reimbursable
12        basis  to the United States Department of Agriculture and
13        to any State food stamp agency concerning any information
14        required to be furnished by Section 303(d); and
15             6.  any wage  information  upon  request  and  on  a
16        reimbursable  basis  to  any State or local child support
17        enforcement agency required by Section 303(e); and
18             7.  any  information  required  under   the   income
19        eligibility   and  verification  system  as  required  by
20        Section 303(f); and
21             8.  information that might be useful in locating  an
22        absent  parent  or  that  parent's employer, establishing
23        paternity or establishing, modifying, or enforcing  child
24        support  orders  for  the  purpose  of  a  child  support
25        enforcement program under Title IV of the Social Security
26        Act  upon  the  request of and on a reimbursable basis to
27        the  public  agency  administering  the  Federal   Parent
28        Locator Service as required by Section 303(h); and
29             9.  information, upon request, to representatives of
30        any  federal,  State or local governmental public housing
31        agency with respect to individuals who  have  signed  the
32        appropriate  consent  form  approved  by the Secretary of
33        Housing and Urban Development and who are applying for or
34        participating   in   any   housing   assistance   program
HB4211 Engrossed            -7-                LRB9212208WHcs
 1        administered by the United States Department  of  Housing
 2        and Urban Development as required by Section 303(i).
 3        I.  The  Director, upon the request of a public agency of
 4    Illinois, of the federal government or  of  any  other  state
 5    charged with the investigation or enforcement of Section 10-5
 6    of  the  Criminal  Code  of 1961 (or a similar federal law or
 7    similar law of another State), may furnish the public  agency
 8    information regarding the individual specified in the request
 9    as to:
10             1.  the  current  or most recent home address of the
11        individual, and
12             2.  the names  and  addresses  of  the  individual's
13        employers.
14        J.  Nothing  in this Section shall be deemed to interfere
15    with the disclosure of certain records  as  provided  for  in
16    Section  1706  or  with  the  right  to make available to the
17    Internal Revenue Service of the United States  Department  of
18    the  Treasury,  or  the Department of Revenue of the State of
19    Illinois, information obtained under this Act.
20        K.  The Department shall make available to  the  Illinois
21    Student  Assistance  Commission, upon request, information in
22    the possession of the Department that  may  be  necessary  or
23    useful  to  the  Commission in the collection of defaulted or
24    delinquent student loans which the Commission administers.
25        L.  The Department shall  make  available  to  the  State
26    Employees'   Retirement   System,   the   State  Universities
27    Retirement System, and the Teachers' Retirement System of the
28    State  of  Illinois,  upon  request,   information   in   the
29    possession  of the Department that may be necessary or useful
30    to the System for the  purpose  of  determining  whether  any
31    recipient   of  a  disability  benefit  from  the  System  is
32    gainfully employed.
33        M.  This Section shall be applicable to  the  information
34    obtained  in  the  administration  of  the  State  employment
HB4211 Engrossed            -8-                LRB9212208WHcs
 1    service,  except  that  the  Director  may publish or release
 2    general labor market information and may furnish  information
 3    that  he  may deem proper to an individual, public officer or
 4    public agency of this or  any  other  State  or  the  federal
 5    government  (in  addition  to those public officers or public
 6    agencies specified in this Section) as he prescribes by Rule.
 7        N.  The Director may require such safeguards as he  deems
 8    proper  to insure that information disclosed pursuant to this
 9    Section is used only for  the  purposes  set  forth  in  this
10    Section.
11        O.  (Blank).
12        P.  Within  30  days  after  the  effective  date of this
13    amendatory  Act  of  1993  and   annually   thereafter,   the
14    Department  shall  provide  to  the  Department  of Financial
15    Institutions a list of individuals or entities that, for  the
16    most   recently   completed  calendar  year,  report  to  the
17    Department as paying wages to workers.  The  lists  shall  be
18    deemed  confidential  and  may  not be disclosed to any other
19    person.
20        Q.  The Director  shall  make  available  to  an  elected
21    federal  official  the  name  and address of an individual or
22    entity that is located within the jurisdiction from which the
23    official  was  elected  and  that,  for  the  most   recently
24    completed  calendar  year,  has reported to the Department as
25    paying wages to workers, where the information will  be  used
26    in  connection  with  the official duties of the official and
27    the official requests the information in writing,  specifying
28    the  purposes for which it will be used. For purposes of this
29    subsection, the use of information  in  connection  with  the
30    official  duties  of  an official does not include use of the
31    information  in   connection   with   the   solicitation   of
32    contributions  or expenditures, in money or in kind, to or on
33    behalf of a candidate for public or  political  office  or  a
34    political  party  or  with  respect  to a public question, as
HB4211 Engrossed            -9-                LRB9212208WHcs
 1    defined in Section 1-3 of the Election Code, or in connection
 2    with  any  commercial  solicitation.   Any  elected   federal
 3    official who, in submitting a request for information covered
 4    by  this  subsection,  knowingly  makes  a false statement or
 5    fails to disclose a material fact, with the intent to  obtain
 6    the   information  for  a  purpose  not  authorized  by  this
 7    subsection, shall be guilty of a Class B misdemeanor.
 8        R.  The Director may provide to any State or local  child
 9    support  agency,  upon  request  and on a reimbursable basis,
10    information that might be useful in locating an absent parent
11    or  that  parent's  employer,  establishing   paternity,   or
12    establishing, modifying, or enforcing child support orders.
13        S.  The  Department  shall  make  available  to a State's
14    Attorney of this State or a State's Attorney's  investigator,
15    upon  request, the current address or, if the current address
16    is unavailable, current employer information,  if  available,
17    of  a victim of a felony or a witness to a felony or a person
18    against whom an arrest warrant is outstanding.
19    (Source: P.A. 90-425, eff.  8-15-97;  90-488,  eff.  8-17-97;
20    90-655, eff. 7-30-98; 91-342, eff. 1-1-00.)

21        Section  99.   Effective  date.   This  Act  takes effect
22    January 1, 2003.

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