Illinois General Assembly - Full Text of HB3329
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Full Text of HB3329  102nd General Assembly

HB3329eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3329 EngrossedLRB102 12487 JLS 17824 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 Department of Employment Security Law of
5the Civil Administrative Code of Illinois is amended by adding
6Section 1005-55 as follows:
 
7    (20 ILCS 1005/1005-55 new)
8    Sec. 1005-55. Social security numbers; disclosure
9prohibited. The Department shall not disclose an individual's
10entire social security number in any correspondence sent to an
11individual or entity. The Department shall develop a process
12that allows for identifying information other than an
13individual's social security number to be used in
14correspondence.
 
15    Section 10. The Unemployment Insurance Act is amended by
16changing Section 1900 as follows:
 
17    (820 ILCS 405/1900)  (from Ch. 48, par. 640)
18    Sec. 1900. Disclosure of information.
19    A. Except as provided in this Section, information
20obtained from any individual or employing unit during the
21administration of this Act shall:

 

 

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 not be published or open to public inspection,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

 

 

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

 

 

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

 

 

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1    to any 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
24    and Urban Development as required by Section 303(i).
25    I. The Director, upon the request of a public agency of
26Illinois, of the federal government or of any other state

 

 

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1charged with the investigation or enforcement of Section 10-5
2of the Criminal Code of 2012 (or a similar federal law or
3similar law of another State), may furnish the public agency
4information regarding the individual specified in the request
5as 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
11with the disclosure of certain records as provided for in
12Section 1706 or with the right to make available to the
13Internal Revenue Service of the United States Department of
14the Treasury, or the Department of Revenue of the State of
15Illinois, information obtained under this Act.
16    K. The Department shall make available to the Illinois
17Student Assistance Commission, upon request, information in
18the possession of the Department that may be necessary or
19useful to the Commission in the collection of defaulted or
20delinquent student loans which the Commission administers.
21    L. The Department shall make available to the State
22Employees' Retirement System, the State Universities
23Retirement System, the Teachers' Retirement System of the
24State of Illinois, and the Department of Central Management
25Services, Risk Management Division, upon request, information
26in the possession of the Department that may be necessary or

 

 

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1useful to the System or the Risk Management Division for the
2purpose of determining whether any recipient of a disability
3benefit from the System or a workers' compensation benefit
4from the Risk Management Division is gainfully employed.
5    M. This Section shall be applicable to the information
6obtained in the administration of the State employment
7service, except that the Director may publish or release
8general labor market information and may furnish information
9that he may deem proper to an individual, public officer or
10public agency of this or any other State or the federal
11government (in addition to those public officers or public
12agencies specified in this Section) as he prescribes by Rule.
13    N. The Director may require such safeguards as he deems
14proper to insure that information disclosed pursuant to this
15Section is used only for the purposes set forth in this
16Section.
17    O. Nothing in this Section prohibits communication with an
18individual or entity through unencrypted e-mail or other
19unencrypted electronic means as long as the communication does
20not contain the individual's or entity's name in combination
21with any one or more of the individual's or entity's social
22security number; driver's license or State identification
23number; credit or debit card number; or any required security
24code, access code, or password that would permit access to
25further 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
2official the name and address of an individual or entity that
3is located within the jurisdiction from which the official was
4elected and that, for the most recently completed calendar
5year, has reported to the Department as paying wages to
6workers, where the information will be used in connection with
7the official duties of the official and the official requests
8the information in writing, specifying the purposes for which
9it will be used. For purposes of this subsection, the use of
10information in connection with the official duties of an
11official does not include use of the information in connection
12with the solicitation of contributions or expenditures, in
13money or in kind, to or on behalf of a candidate for public or
14political office or a political party or with respect to a
15public question, as defined in Section 1-3 of the Election
16Code, or in connection with any commercial solicitation. Any
17elected federal official who, in submitting a request for
18information covered by this subsection, knowingly makes a
19false statement or fails to disclose a material fact, with the
20intent to obtain the information for a purpose not authorized
21by this subsection, shall be guilty of a Class B misdemeanor.
22    R. The Director may provide to any State or local child
23support agency, upon request and on a reimbursable basis,
24information that might be useful in locating an absent parent
25or that parent's employer, establishing paternity, or
26establishing, modifying, or enforcing child support orders.

 

 

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1    S. The Department shall make available to a State's
2Attorney of this State or a State's Attorney's investigator,
3upon request, the current address or, if the current address
4is unavailable, current employer information, if available, of
5a victim of a felony or a witness to a felony or a person
6against whom an arrest warrant is outstanding.
7    T. The Director shall make available to the Department of
8State Police, a county sheriff's office, or a municipal police
9department, upon request, any information concerning the
10current address and place of employment or former places of
11employment of a person who is required to register as a sex
12offender under the Sex Offender Registration Act that may be
13useful in enforcing the registration provisions of that Act.
14    U. The Director shall make information available to the
15Department of Healthcare and Family Services and the
16Department of Human Services for the purpose of determining
17eligibility for public benefit programs authorized under the
18Illinois Public Aid Code and related statutes administered by
19those departments, for verifying sources and amounts of
20income, and for other purposes directly connected with the
21administration of those programs.
22    V. The Director shall make information available to the
23State Board of Elections as may be required by an agreement the
24State Board of Elections has entered into with a multi-state
25voter registration list maintenance system.
26    W. The Director shall make information available to the

 

 

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1State Treasurer's office and the Department of Revenue for the
2purpose of facilitating compliance with the Illinois Secure
3Choice Savings Program Act, including employer contact
4information for employers with 25 or more employees and any
5other information the Director deems appropriate that is
6directly related to the administration of this program.
7    X. The Director shall make information available, upon
8request, to the Illinois Student Assistance Commission for the
9purpose of determining eligibility for the adult vocational
10community college scholarship program under Section 65.105 of
11the Higher Education Student Assistance Act.
12    Y. No correspondence (including, but not limited to,
13certified or registered mail) originating from the Department
14and sent to an individual or entity may contain the
15individual's social security number as a means of identifying
16the person.
17(Source: P.A. 100-484, eff. 9-8-17; 101-315, eff. 1-1-20.)