Illinois General Assembly - Bill Status for HB1161

Amends the Unemployment Insurance Act. Provides that the Department of Employment Security may contract with reporting agencies to provide secure electronic access to information provided to the Department by employing units. Limits the information provided to the amount of wages paid by each employing unit for each of or up to the last 16 quarters. Requires the user of the information to obtain a written consent form from the individual to whom the wage report information pertains prior to obtaining the report. Specifies language for the consent form.

Makes various changes concerning: the information provided to consumer reporting agencies; the contents of the written consent to be given by the individual to whom wage report information pertains; limitations on the use of the information; and other matters. Provides that: the Department of Employment Security shall not pay any costs associated with the establishment or maintenance of the information access under the new provisions; the Department may void any contract authorized under the new provisions if the contractor is not complying with those provisions; the Department is immune from any liability in connection with information provided under the new provisions; and any fees received by the Department from a consumer reporting agency under the new provisions shall be deposited in the Title III Social Security and Employment Fund.

Creates an exception to the immunity of the Department of Employment Security in cases of willful and wanton misconduct.

Provides that any person or entity who willfully fails to comply with any requirement imposed in the subsection concerning contracts between the Department of Employment Security and a consumer reporting agency to provide secure electronic access to information with respect to any consumer is liable in Illinois state courts to that consumer to the same extent as provided for in Section 616 of the federal Fair Credit Reporting Act. Provides that the Attorney General, the State's Attorney of any county, or a consumer may bring an action in a circuit court to enjoin a violation of this Act. Provides that, in addition to any injunction, the Attorney General or any State's Attorney or any county, in the name of the people of the State of Illinois, may seek to recover damages. Provides that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses is guilty of a Class 4 felony. Provides that, if the completeness or accuracy of any item of information in a consumer's file at a consumer reporting agency obtained as part of the contract between the Department and the consumer reporting agency is disputed, then the dispute resolution must be handled according to Section 611 of the federal Fair Credit Reporting Act.

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