Full Text of SB2420 99th General Assembly
SB2420eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 3. The Illinois Income Tax Act is amended by | 5 | | changing Section 917 as follows:
| 6 | | (35 ILCS 5/917) (from Ch. 120, par. 9-917)
| 7 | | Sec. 917. Confidentiality and information sharing.
| 8 | | (a) Confidentiality.
Except as provided in this Section, | 9 | | all information received by the Department
from returns filed | 10 | | under this Act, or from any investigation conducted under
the | 11 | | provisions of this Act, shall be confidential, except for | 12 | | official purposes
within the Department or pursuant to official | 13 | | procedures for collection
of any State tax or pursuant to an | 14 | | investigation or audit by the Illinois
State Scholarship | 15 | | Commission of a delinquent student loan or monetary award
or | 16 | | enforcement of any civil or criminal penalty or sanction
| 17 | | imposed by this Act or by another statute imposing a State tax, | 18 | | and any
person who divulges any such information in any manner, | 19 | | except for such
purposes and pursuant to order of the Director | 20 | | or in accordance with a proper
judicial order, shall be guilty | 21 | | of a Class A misdemeanor. However, the
provisions of this | 22 | | paragraph are not applicable to information furnished
to (i) | 23 | | the Department of Healthcare and Family Services (formerly
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| 1 | | Department of Public Aid), State's Attorneys, and the Attorney | 2 | | General for child support enforcement purposes and (ii) a | 3 | | licensed attorney representing the taxpayer where an appeal or | 4 | | a protest
has been filed on behalf of the taxpayer. If it is | 5 | | necessary to file information obtained pursuant to this Act in | 6 | | a child support enforcement proceeding, the information shall | 7 | | be filed under seal.
| 8 | | (b) Public information. Nothing contained in this Act shall | 9 | | prevent
the Director from publishing or making available to the | 10 | | public the names
and addresses of persons filing returns under | 11 | | this Act, or from publishing
or making available reasonable | 12 | | statistics concerning the operation of the
tax wherein the | 13 | | contents of returns are grouped into aggregates in such a
way | 14 | | that the information contained in any individual return shall | 15 | | not be
disclosed.
| 16 | | (c) Governmental agencies. The Director may make available | 17 | | to the
Secretary of the Treasury of the United States or his | 18 | | delegate, or the
proper officer or his delegate of any other | 19 | | state imposing a tax upon or
measured by income, for | 20 | | exclusively official purposes, information received
by the | 21 | | Department in the administration of this Act, but such | 22 | | permission
shall be granted only if the United States or such | 23 | | other state, as the case
may be, grants the Department | 24 | | substantially similar privileges. The Director
may exchange | 25 | | information with the Department of Healthcare and Family | 26 | | Services and the
Department of Human Services (acting as |
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| 1 | | successor to the Department of Public
Aid under the Department | 2 | | of Human Services Act) for
the purpose of verifying sources and | 3 | | amounts of income and for other purposes
directly connected | 4 | | with the administration of this Act, the Illinois Public Aid | 5 | | Code, and any other health benefit program administered by the | 6 | | State. The Director may exchange information with the Director | 7 | | of
the Department of Employment Security for the purpose of | 8 | | verifying sources
and amounts of income and for other purposes | 9 | | directly connected with the
administration of this Act and Acts | 10 | | administered by the Department of
Employment
Security.
The | 11 | | Director may make available to the Illinois Workers' | 12 | | Compensation Commission
information regarding employers for | 13 | | the purpose of verifying the insurance
coverage required under | 14 | | the Workers' Compensation Act and Workers'
Occupational | 15 | | Diseases Act. The Director may exchange information with the | 16 | | Illinois Department on Aging for the purpose of verifying | 17 | | sources and amounts of income for purposes directly related to | 18 | | confirming eligibility for participation in the programs of | 19 | | benefits authorized by the Senior Citizens and Persons with | 20 | | Disabilities Property Tax Relief and Pharmaceutical Assistance | 21 | | Act. The Director may exchange information with the State | 22 | | Treasurer's Office and the Department of Employment Security | 23 | | for the purpose of implementing, administering, and enforcing | 24 | | the Illinois Secure Choice Savings Program Act.
| 25 | | The Director may make available to any State agency, | 26 | | including the
Illinois Supreme Court, which licenses persons to |
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| 1 | | engage in any occupation,
information that a person licensed by | 2 | | such agency has failed to file
returns under this Act or pay | 3 | | the tax, penalty and interest shown therein,
or has failed to | 4 | | pay any final assessment of tax, penalty or interest due
under | 5 | | this Act.
The Director may make available to any State agency, | 6 | | including the Illinois
Supreme
Court, information regarding | 7 | | whether a bidder, contractor, or an affiliate of a
bidder or
| 8 | | contractor has failed to file returns under this Act or pay the | 9 | | tax, penalty,
and interest
shown therein, or has failed to pay | 10 | | any final assessment of tax, penalty, or
interest due
under | 11 | | this Act, for the limited purpose of enforcing bidder and | 12 | | contractor
certifications.
For purposes of this Section, the | 13 | | term "affiliate" means any entity that (1)
directly,
| 14 | | indirectly, or constructively controls another entity, (2) is | 15 | | directly,
indirectly, or
constructively controlled by another | 16 | | entity, or (3) is subject to the control
of
a common
entity. | 17 | | For purposes of this subsection (a), an entity controls another | 18 | | entity
if
it owns,
directly or individually, more than 10% of | 19 | | the voting securities of that
entity.
As used in
this | 20 | | subsection (a), the term "voting security" means a security | 21 | | that (1)
confers upon the
holder the right to vote for the | 22 | | election of members of the board of directors
or similar
| 23 | | governing body of the business or (2) is convertible into, or | 24 | | entitles the
holder to receive
upon its exercise, a security | 25 | | that confers such a right to vote. A general
partnership
| 26 | | interest is a voting security.
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| 1 | | The Director may make available to any State agency, | 2 | | including the
Illinois
Supreme Court, units of local | 3 | | government, and school districts, information
regarding
| 4 | | whether a bidder or contractor is an affiliate of a person who | 5 | | is not
collecting
and
remitting Illinois Use taxes, for the | 6 | | limited purpose of enforcing bidder and
contractor
| 7 | | certifications.
| 8 | | The Director may also make available to the Secretary of | 9 | | State
information that a corporation which has been issued a | 10 | | certificate of
incorporation by the Secretary of State has | 11 | | failed to file returns under
this Act or pay the tax, penalty | 12 | | and interest shown therein, or has failed
to pay any final | 13 | | assessment of tax, penalty or interest due under this Act.
An | 14 | | assessment is final when all proceedings in court for
review of | 15 | | such assessment have terminated or the time for the taking
| 16 | | thereof has expired without such proceedings being instituted. | 17 | | For
taxable years ending on or after December 31, 1987, the | 18 | | Director may make
available to the Director or principal | 19 | | officer of any Department of the
State of Illinois, information | 20 | | that a person employed by such Department
has failed to file | 21 | | returns under this Act or pay the tax, penalty and
interest | 22 | | shown therein. For purposes of this paragraph, the word
| 23 | | "Department" shall have the same meaning as provided in Section | 24 | | 3 of the
State Employees Group Insurance Act of 1971.
| 25 | | (d) The Director shall make available for public
inspection | 26 | | in the Department's principal office and for publication, at |
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| 1 | | cost,
administrative decisions issued on or after January
1, | 2 | | 1995. These decisions are to be made available in a manner so | 3 | | that the
following
taxpayer information is not disclosed:
| 4 | | (1) The names, addresses, and identification numbers | 5 | | of the taxpayer,
related entities, and employees.
| 6 | | (2) At the sole discretion of the Director, trade | 7 | | secrets
or other confidential information identified as | 8 | | such by the taxpayer, no later
than 30 days after receipt | 9 | | of an administrative decision, by such means as the
| 10 | | Department shall provide by rule.
| 11 | | The Director shall determine the
appropriate extent of the
| 12 | | deletions allowed in paragraph (2). In the event the taxpayer | 13 | | does not submit
deletions,
the Director shall make only the | 14 | | deletions specified in paragraph (1).
| 15 | | The Director shall make available for public inspection and | 16 | | publication an
administrative decision within 180 days after | 17 | | the issuance of the
administrative
decision. The term | 18 | | "administrative decision" has the same meaning as defined in
| 19 | | Section 3-101 of Article III of the Code of Civil Procedure. | 20 | | Costs collected
under this Section shall be paid into the Tax | 21 | | Compliance and Administration
Fund.
| 22 | | (e) Nothing contained in this Act shall prevent the | 23 | | Director from
divulging
information to any person pursuant to a | 24 | | request or authorization made by the
taxpayer, by an authorized | 25 | | representative of the taxpayer, or, in the case of
information | 26 | | related to a joint return, by the spouse filing the joint |
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| 1 | | return
with the taxpayer.
| 2 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 3 | | Section 5. The Illinois Secure Choice Savings Program Act | 4 | | is amended by changing Sections 30, 35, and 60 as follows: | 5 | | (820 ILCS 80/30)
| 6 | | Sec. 30. Duties of the Board. In addition to the other | 7 | | duties and responsibilities stated in this Act, the Board | 8 | | shall:
| 9 | | (a) Cause the Program to be designed, established and | 10 | | operated in a manner that:
| 11 | | (1) accords with best practices for retirement savings | 12 | | vehicles;
| 13 | | (2) maximizes participation, savings, and sound | 14 | | investment practices; | 15 | | (3) maximizes simplicity, including ease of | 16 | | administration for participating employers and enrollees; | 17 | | (4) provides an efficient product to enrollees by | 18 | | pooling investment funds;
| 19 | | (5) ensures the portability of benefits; and
| 20 | | (6) provides for the deaccumulation of enrollee assets | 21 | | in a manner that maximizes financial security in | 22 | | retirement.
| 23 | | (b) Appoint a trustee to the IRA Fund in compliance with | 24 | | Section 408 of the Internal Revenue Code. |
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| 1 | | (c) Explore and establish investment options, subject to | 2 | | Section 45 of this Act, that offer employees returns on | 3 | | contributions and the conversion of individual retirement | 4 | | savings account balances to secure retirement income without | 5 | | incurring debt or liabilities to the State.
| 6 | | (d) Establish the process by which interest, investment | 7 | | earnings, and investment losses are allocated to individual | 8 | | program accounts on a pro rata basis and are computed at the | 9 | | interest rate on the balance of an individual's account.
| 10 | | (e) Make and enter into contracts necessary for the | 11 | | administration of the Program and Fund, including, but not | 12 | | limited to, retaining and contracting with investment | 13 | | managers, private financial institutions, other financial and | 14 | | service providers, consultants, actuaries, counsel, auditors, | 15 | | third-party administrators, and other professionals as | 16 | | necessary.
| 17 | | (e-5) Conduct a review of the performance of any investment | 18 | | vendors every 4 years, including, but not limited to, a review | 19 | | of returns, fees, and customer service. A copy of reviews | 20 | | conducted under this subsection (e-5) shall be posted to the | 21 | | Board's Internet website. | 22 | | (f) Determine the number and duties of staff members needed | 23 | | to administer the Program and assemble such a staff, including, | 24 | | as needed, employing staff, appointing a Program | 25 | | administrator, and entering into contracts with the State | 26 | | Treasurer to make employees of the State Treasurer's Office |
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| 1 | | available to administer the Program.
| 2 | | (g) Cause moneys in the Fund to be held and invested as | 3 | | pooled investments described in Section 45 of this Act, with a | 4 | | view to achieving cost savings through efficiencies and | 5 | | economies of scale.
| 6 | | (h) Evaluate and establish the process by which an enrollee | 7 | | is able to contribute a portion of his or her wages to the | 8 | | Program for automatic deposit of those contributions and the | 9 | | process by which the participating employer provides a payroll | 10 | | deposit retirement savings arrangement to forward those | 11 | | contributions and related information to the Program, | 12 | | including, but not limited to, contracting with financial | 13 | | service companies and third-party administrators with the | 14 | | capability to receive and process employee information and | 15 | | contributions for payroll deposit retirement savings | 16 | | arrangements or similar arrangements.
| 17 | | (i) Design and establish the process for enrollment under | 18 | | Section 60 of this Act, including the process by which an | 19 | | employee can opt not to participate in the Program, select a | 20 | | contribution level, select an investment option, and terminate | 21 | | participation in the Program.
| 22 | | (j) Evaluate and establish the process by which an | 23 | | individual may voluntarily enroll in and make contributions to | 24 | | the Program.
| 25 | | (k) Accept any grants, appropriations, or other moneys from | 26 | | the State, any unit of federal, State, or local government, or |
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| 1 | | any other person, firm, partnership, or corporation solely for | 2 | | deposit into the Fund, whether for investment or administrative | 3 | | purposes.
| 4 | | (l) Evaluate the need for, and procure as needed, insurance | 5 | | against any and all loss in connection with the property, | 6 | | assets, or activities of the Program, and indemnify as needed | 7 | | each member of the Board from personal loss or liability | 8 | | resulting from a member's action or inaction as a member of the | 9 | | Board.
| 10 | | (m) Make provisions for the payment of administrative costs | 11 | | and expenses for the creation, management, and operation of the | 12 | | Program, including the costs associated with subsection (b) of | 13 | | Section 20 of this Act, subsections (e), (f), (h), and (l) of | 14 | | this Section, subsection (b) of Section 45 of this Act, | 15 | | subsection (a) of Section 80 of this Act, and subsection (n) of | 16 | | Section 85 of this Act. Subject to appropriation, the State may | 17 | | pay administrative costs associated with the creation and | 18 | | management of the Program until sufficient assets are available | 19 | | in the Fund for that purpose. Thereafter, all administrative | 20 | | costs of the Fund, including repayment of any start-up funds | 21 | | provided by the State, shall be paid only out of moneys on | 22 | | deposit therein. However, private funds or federal funding | 23 | | received under subsection (k) of Section 30 of this Act in | 24 | | order to implement the Program until the Fund is | 25 | | self-sustaining shall not be repaid unless those funds were | 26 | | offered contingent upon the promise of such repayment. The |
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| 1 | | Board shall keep total annual administrative expenses as low as | 2 | | possible, but in no event shall they exceed 0.75% of the total | 3 | | trust balance.
| 4 | | (n) Allocate administrative fees to individual retirement | 5 | | accounts in the Program on a pro rata basis.
| 6 | | (o) Set minimum and maximum contribution levels in | 7 | | accordance with limits established for IRAs by the Internal | 8 | | Revenue Code.
| 9 | | (p) Facilitate education and outreach to employers and | 10 | | employees.
| 11 | | (q) Facilitate compliance by the Program with all | 12 | | applicable requirements for the Program under the Internal | 13 | | Revenue Code, including tax qualification requirements or any | 14 | | other applicable law and accounting requirements.
| 15 | | (r) Carry out the duties and obligations of the Program in | 16 | | an effective, efficient, and low-cost manner.
| 17 | | (s) Exercise any and all other powers reasonably necessary | 18 | | for the effectuation of the purposes, objectives, and | 19 | | provisions of this Act pertaining to the Program.
| 20 | | (t) Deposit into the Illinois Secure Choice Administrative | 21 | | Fund all grants, gifts, donations, fees, and earnings from | 22 | | investments from the Illinois Secure Choice Savings Program | 23 | | Fund that are used to recover administrative costs. All | 24 | | expenses of the Board shall be paid from the Illinois Secure | 25 | | Choice Administrative Fund.
| 26 | | (Source: P.A. 98-1150, eff. 6-1-15 .) |
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| 1 | | (820 ILCS 80/35)
| 2 | | Sec. 35. Risk management. The Board shall annually prepare | 3 | | and adopt a written statement of investment policy that | 4 | | includes a risk management and oversight program. This | 5 | | investment policy shall prohibit the Board, Program, and Fund | 6 | | from borrowing for investment purposes. The risk management and | 7 | | oversight program shall be designed to ensure that an effective | 8 | | risk management system is in place to monitor the risk levels | 9 | | of the Program and Fund portfolio, to ensure that the risks | 10 | | taken are prudent and properly managed, to provide an | 11 | | integrated process for overall risk management, and to assess | 12 | | investment returns as well as risk to determine if the risks | 13 | | taken are adequately compensated compared to applicable | 14 | | performance benchmarks and standards. The Board shall adopt | 15 | | consider the statement of investment policy and any changes in | 16 | | the investment policy at a public meeting of the Board. The | 17 | | investment policy and any changes to the investment policy | 18 | | shall be published on the Board's or Treasurer's website at | 19 | | least 30 days prior to implementation of such policy hearing .
| 20 | | (Source: P.A. 98-1150, eff. 6-1-15 .) | 21 | | (820 ILCS 80/60)
| 22 | | Sec. 60. Program implementation and enrollment. Except as | 23 | | otherwise provided in Section 93 of this Act, the Program shall | 24 | | be implemented, and enrollment of employees shall begin, within |
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| 1 | | 24 months after the effective date of this Act. The provisions | 2 | | of this Section shall be in force after the Board opens the | 3 | | Program for enrollment.
| 4 | | (a) Each employer shall establish a payroll deposit | 5 | | retirement savings arrangement to allow each employee to | 6 | | participate in the Program at most nine months after the Board | 7 | | opens the Program for enrollment.
| 8 | | (b) Employers shall automatically enroll in the Program | 9 | | each of their employees who has not opted out of participation | 10 | | in the Program using the form described in subsection (c) of | 11 | | Section 55 of this Act and shall provide payroll deduction | 12 | | retirement savings arrangements for such employees and | 13 | | deposit, on behalf of such employees, these funds into the | 14 | | Program. Small employers may, but are not required to, provide | 15 | | payroll deduction retirement savings arrangements for each | 16 | | employee who elects to participate in the Program. Small | 17 | | employers' use of automatic enrollment for employees is subject | 18 | | to final rules from the United States Department of Labor. | 19 | | Utilization of automatic enrollment by small employers may be | 20 | | allowed only if it does not create employer liability under the | 21 | | federal Employee Retirement Income Security Act. | 22 | | (c) Enrollees shall have the ability to select a | 23 | | contribution level into the Fund. This level may be expressed | 24 | | as a percentage of wages or as a dollar amount up to the | 25 | | deductible amount for the enrollee's taxable year under Section | 26 | | 219(b)(1)(A) of the Internal Revenue Code. Enrollees may change |
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| 1 | | their contribution level at any time, subject to rules | 2 | | promulgated by the Board. If an enrollee fails to select a | 3 | | contribution level using the form described in subsection (c) | 4 | | of Section 55 of this Act, then he or she shall contribute 3% | 5 | | of his or her wages to the Program, provided that such | 6 | | contributions shall not cause the enrollee's total | 7 | | contributions to IRAs for the year to exceed the deductible | 8 | | amount for the enrollee's taxable year under Section | 9 | | 219(b)(1)(A) of the Internal Revenue Code.
| 10 | | (d) Enrollees may select an investment option from the | 11 | | permitted investment options listed in Section 45 of this Act. | 12 | | Enrollees may change their investment option at any time, | 13 | | subject to rules promulgated by the Board. In the event that an | 14 | | enrollee fails to select an investment option, that enrollee | 15 | | shall be placed in the investment option selected by the Board | 16 | | as the default under subsection (c) of Section 45 of this Act. | 17 | | If the Board has not selected a default investment option under | 18 | | subsection (c) of Section 45 of this Act, then an enrollee who | 19 | | fails to select an investment option shall be placed in the | 20 | | life-cycle fund investment option.
| 21 | | (e) Following initial implementation of the Program | 22 | | pursuant to this Section, at least once every year, | 23 | | participating employers shall designate an open enrollment | 24 | | period during which employees who previously opted out of the | 25 | | Program may enroll in the Program.
| 26 | | (f) An employee who opts out of the Program who |
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| 1 | | subsequently wants to participate through the participating | 2 | | employer's payroll deposit retirement savings arrangement may | 3 | | only enroll during the participating employer's designated | 4 | | open enrollment period or if permitted by the participating | 5 | | employer at an earlier time.
| 6 | | (g) Employers shall retain the option at all times to set | 7 | | up any type of employer-sponsored retirement plan, such as a | 8 | | defined benefit plan or a 401(k), Simplified Employee Pension | 9 | | (SEP) plan, or Savings Incentive Match Plan for Employees | 10 | | (SIMPLE) plan, or to offer an automatic enrollment payroll | 11 | | deduction IRA, instead of having a payroll deposit retirement | 12 | | savings arrangement to allow employee participation in the | 13 | | Program.
| 14 | | (h) An employee may terminate his or her participation in | 15 | | the Program at any time in a manner prescribed by the Board.
| 16 | | (i) The Board shall establish and maintain an Internet | 17 | | website designed to assist employers in identifying private | 18 | | sector providers of retirement arrangements that can be set up | 19 | | by the employer rather than allowing employee participation in | 20 | | the Program under this Act; however, the Board shall only | 21 | | establish and maintain an Internet website under this | 22 | | subsection if there is sufficient interest in such an Internet | 23 | | website by private sector providers and if the private sector | 24 | | providers furnish the funding necessary to establish and | 25 | | maintain the Internet website. The Board must provide public | 26 | | notice of the availability of and the process for inclusion on |
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| 1 | | the Internet website before it becomes publicly available. This | 2 | | Internet website must be available to the public before the | 3 | | Board opens the Program for enrollment, and the Internet | 4 | | website address must be included on any Internet website | 5 | | posting or other materials regarding the Program offered to the | 6 | | public by the Board.
| 7 | | (Source: P.A. 98-1150, eff. 6-1-15 .) | 8 | | Section 10. The Unemployment Insurance Act is amended by | 9 | | changing Section 1900 as follows:
| 10 | | (820 ILCS 405/1900) (from Ch. 48, par. 640)
| 11 | | Sec. 1900. Disclosure of information.
| 12 | | A. Except as provided in this Section, information obtained | 13 | | from any
individual or employing unit during the administration | 14 | | of this Act shall:
| 15 | | 1. be confidential,
| 16 | | 2. not be published or open to public inspection,
| 17 | | 3. not be used in any court in any pending action or | 18 | | proceeding,
| 19 | | 4. not be admissible in evidence in any action or | 20 | | proceeding other than
one arising out of this Act.
| 21 | | B. No finding, determination, decision, ruling or order | 22 | | (including
any finding of fact, statement or conclusion made | 23 | | therein) issued pursuant
to this Act shall be admissible or | 24 | | used in evidence in any action other than
one arising out of |
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| 1 | | this Act, nor shall it be binding or conclusive except
as | 2 | | provided in this Act, nor shall it constitute res judicata, | 3 | | regardless
of whether the actions were between the same or | 4 | | related parties or involved
the same facts.
| 5 | | C. Any officer or employee of this State, any officer or | 6 | | employee of any
entity authorized to obtain information | 7 | | pursuant to this Section, and any
agent of this State or of | 8 | | such entity
who, except with authority of
the Director under | 9 | | this Section, shall disclose information shall be guilty
of a | 10 | | Class B misdemeanor and shall be disqualified from holding any
| 11 | | appointment or employment by the State.
| 12 | | D. An individual or his duly authorized agent may be | 13 | | supplied with
information from records only to the extent | 14 | | necessary for the proper
presentation of his claim for benefits | 15 | | or with his existing or prospective
rights to benefits. | 16 | | Discretion to disclose this information belongs
solely to the | 17 | | Director and is not subject to a release or waiver by the
| 18 | | individual.
Notwithstanding any other provision to the | 19 | | contrary, an individual or his or
her duly authorized agent may | 20 | | be supplied with a statement of the amount of
benefits paid to | 21 | | the individual during the 18 months preceding the date of his
| 22 | | or her request.
| 23 | | E. An employing unit may be furnished with information, | 24 | | only if deemed by
the Director as necessary to enable it to | 25 | | fully discharge its obligations or
safeguard its rights under | 26 | | the Act. Discretion to disclose this information
belongs solely |
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| 1 | | to the Director and is not subject to a release or waiver by | 2 | | the
employing unit.
| 3 | | F. The Director may furnish any information that he may | 4 | | deem proper to
any public officer or public agency of this or | 5 | | any other State or of the
federal government dealing with:
| 6 | | 1. the administration of relief,
| 7 | | 2. public assistance,
| 8 | | 3. unemployment compensation,
| 9 | | 4. a system of public employment offices,
| 10 | | 5. wages and hours of employment, or
| 11 | | 6. a public works program.
| 12 | | The Director may make available to the Illinois Workers' | 13 | | Compensation Commission
information regarding employers for | 14 | | the purpose of verifying the insurance
coverage required under | 15 | | the Workers' Compensation Act and Workers'
Occupational | 16 | | Diseases Act.
| 17 | | G. The Director may disclose information submitted by the | 18 | | State or any
of its political subdivisions, municipal | 19 | | corporations, instrumentalities,
or school or community | 20 | | college districts, except for information which
specifically | 21 | | identifies an individual claimant.
| 22 | | H. The Director shall disclose only that information | 23 | | required to be
disclosed under Section 303 of the Social | 24 | | Security Act, as amended, including:
| 25 | | 1. any information required to be given the United | 26 | | States Department of
Labor under Section 303(a)(6); and
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| 1 | | 2. the making available upon request to any agency of | 2 | | the United States
charged with the administration of public | 3 | | works or assistance through
public employment, the name, | 4 | | address, ordinary occupation and employment
status of each | 5 | | recipient of unemployment compensation, and a statement of
| 6 | | such recipient's right to further compensation under such | 7 | | law as required
by Section 303(a)(7); and
| 8 | | 3. records to make available to the Railroad Retirement | 9 | | Board as
required by Section 303(c)(1); and
| 10 | | 4. information that will assure reasonable cooperation | 11 | | with every agency
of the United States charged with the | 12 | | administration of any unemployment
compensation law as | 13 | | required by Section 303(c)(2); and
| 14 | | 5. information upon request and on a reimbursable basis | 15 | | to the United
States Department of Agriculture and to any | 16 | | State food stamp agency
concerning any information | 17 | | required to be furnished by Section 303(d); and
| 18 | | 6. any wage information upon request and on a | 19 | | reimbursable basis
to any State or local child support | 20 | | enforcement agency required by
Section 303(e); and
| 21 | | 7. any information required under the income | 22 | | eligibility and
verification system as required by Section | 23 | | 303(f); and
| 24 | | 8. information that might be useful in locating an | 25 | | absent parent or that
parent's employer, establishing | 26 | | paternity or establishing, modifying, or
enforcing child |
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| 1 | | support orders
for the purpose of a child support | 2 | | enforcement program
under Title IV of the Social Security | 3 | | Act upon the request of
and on a reimbursable basis to
the | 4 | | public
agency administering the Federal Parent Locator | 5 | | Service as required by
Section 303(h); and
| 6 | | 9. information, upon request, to representatives of | 7 | | any federal, State
or local governmental public housing | 8 | | agency with respect to individuals who
have signed the | 9 | | appropriate consent form approved by the Secretary of | 10 | | Housing
and Urban Development and who are applying for or | 11 | | participating in any housing
assistance program | 12 | | administered by the United States Department of Housing and
| 13 | | Urban Development as required by Section 303(i).
| 14 | | I. The Director, upon the request of a public agency of | 15 | | Illinois, of the
federal government or of any other state | 16 | | charged with the investigation or
enforcement of Section 10-5 | 17 | | of the Criminal Code of 2012 (or a similar
federal law or | 18 | | similar law of another State), may furnish the public agency
| 19 | | information regarding the individual specified in the request | 20 | | as to:
| 21 | | 1. the current or most recent home address of the | 22 | | individual, and
| 23 | | 2. the names and addresses of the individual's | 24 | | employers.
| 25 | | J. Nothing in this Section shall be deemed to interfere | 26 | | with the
disclosure of certain records as provided for in |
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| 1 | | Section 1706 or with the
right to make available to the | 2 | | Internal Revenue Service of the United
States Department of the | 3 | | Treasury, or the Department of Revenue of the
State of | 4 | | Illinois, information obtained under this Act.
| 5 | | K. The Department shall make available to the Illinois | 6 | | Student Assistance
Commission, upon request, information in | 7 | | the possession of the Department that
may be necessary or | 8 | | useful to the
Commission in the collection of defaulted or | 9 | | delinquent student loans which
the Commission administers.
| 10 | | L. The Department shall make available to the State | 11 | | Employees'
Retirement System, the State Universities | 12 | | Retirement System, the
Teachers' Retirement System of the State | 13 | | of Illinois, and the Department of Central Management Services, | 14 | | Risk Management Division, upon request,
information in the | 15 | | possession of the Department that may be necessary or useful
to | 16 | | the System or the Risk Management Division for the purpose of | 17 | | determining whether any recipient of a
disability benefit from | 18 | | the System or a workers' compensation benefit from the Risk | 19 | | Management Division is gainfully employed.
| 20 | | M. This Section shall be applicable to the information | 21 | | obtained in the
administration of the State employment service, | 22 | | except that the Director
may publish or release general labor | 23 | | market information and may furnish
information that he may deem | 24 | | proper to an individual, public officer or
public agency of | 25 | | this or any other State or the federal government (in
addition | 26 | | to those public officers or public agencies specified in this
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| 1 | | Section) as he prescribes by Rule.
| 2 | | N. The Director may require such safeguards as he deems | 3 | | proper to insure
that information disclosed pursuant to this | 4 | | Section is used only for the
purposes set forth in this | 5 | | Section.
| 6 | | O. Nothing in this Section prohibits communication with an | 7 | | individual or entity through unencrypted e-mail or other | 8 | | unencrypted electronic means as long as the communication does | 9 | | not contain the individual's or entity's name in combination | 10 | | with any one or more of the individual's or entity's social | 11 | | security number; driver's license or State identification | 12 | | number; account number or credit or debit card number; or any | 13 | | required security code, access code, or password that would | 14 | | permit access to further information pertaining to the | 15 | | individual or entity.
| 16 | | P. Within 30 days after the effective date of this | 17 | | amendatory Act of 1993
and annually thereafter, the Department | 18 | | shall provide to the Department of
Financial Institutions a | 19 | | list of individuals or entities that, for the most
recently | 20 | | completed calendar year, report to the Department as paying | 21 | | wages to
workers. The lists shall be deemed confidential and | 22 | | may not be disclosed to
any other person.
| 23 | | Q. The Director shall make available to an elected federal
| 24 | | official the name and address of an individual or entity that | 25 | | is located within
the jurisdiction from which the official was | 26 | | elected and that, for the most
recently completed calendar |
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| 1 | | year, has reported to the Department as paying
wages to | 2 | | workers, where the information will be used in connection with | 3 | | the
official duties of the official and the official requests | 4 | | the information in
writing, specifying the purposes for which | 5 | | it will be used.
For purposes of this subsection, the use of | 6 | | information in connection with the
official duties of an | 7 | | official does not include use of the information in
connection | 8 | | with the solicitation of contributions or expenditures, in | 9 | | money or
in kind, to or on behalf of a candidate for public or | 10 | | political office or a
political party or with respect to a | 11 | | public question, as defined in Section 1-3
of the Election | 12 | | Code, or in connection with any commercial solicitation. Any
| 13 | | elected federal official who, in submitting a request for | 14 | | information
covered by this subsection, knowingly makes a false | 15 | | statement or fails to
disclose a material fact, with the intent | 16 | | to obtain the information for a
purpose not authorized by this | 17 | | subsection, shall be guilty of a Class B
misdemeanor.
| 18 | | R. The Director may provide to any State or local child | 19 | | support
agency, upon request and on a reimbursable basis, | 20 | | information that might be
useful in locating an absent parent | 21 | | or that parent's employer, establishing
paternity, or | 22 | | establishing, modifying, or enforcing child support orders.
| 23 | | S. The Department shall make available to a State's | 24 | | Attorney of this
State or a State's Attorney's investigator,
| 25 | | upon request, the current address or, if the current address is
| 26 | | unavailable, current employer information, if available, of a |
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| 1 | | victim of
a felony or a
witness to a felony or a person against | 2 | | whom an arrest warrant is
outstanding.
| 3 | | T. The Director shall make available to the Department of | 4 | | State Police, a county sheriff's office, or a municipal police | 5 | | department, upon request, any information concerning the | 6 | | current address and place of employment or former places of | 7 | | employment of a person who is required to register as a sex | 8 | | offender under the Sex Offender Registration Act that may be | 9 | | useful in enforcing the registration provisions of that Act.
| 10 | | U. The Director shall make information available to the | 11 | | Department of Healthcare and Family Services and the Department | 12 | | of Human Services for the purpose of determining eligibility | 13 | | for public benefit programs authorized under the Illinois | 14 | | Public Aid Code and related statutes administered by those | 15 | | departments, for verifying sources and amounts of income, and | 16 | | for other purposes directly connected with the administration | 17 | | of those programs. | 18 | | V. The Director shall make information available to the | 19 | | State Board of Elections as may be required by an agreement the | 20 | | State Board of Elections has entered into with a multi-state | 21 | | voter registration list maintenance system. | 22 | | W. The Director shall make information available to the | 23 | | State Treasurer's office and the Department of Revenue for the | 24 | | purpose of facilitating compliance with the Illinois Secure | 25 | | Choice Savings Program Act, including employer contact | 26 | | information for employers with 25 or more employees and any |
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| 1 | | other information the Director deems appropriate that is | 2 | | directly related to the administration of this program. | 3 | | (Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12; | 4 | | 97-1150, eff. 1-25-13; 98-1171, eff. 6-1-15 .)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law. |
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