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90_SB0763ham001
LRB9001075THmbam01
1 AMENDMENT TO SENATE BILL 763
2 AMENDMENT NO. . Amend Senate Bill 763 by replacing
3 the title with the following:
4 "AN ACT relating to student financial assistance."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 15. The Unemployment Insurance Act is amended
8 by changing Section 1900 as follows:
9 (820 ILCS 405/1900) (from Ch. 48, par. 640)
10 Sec. 1900. Disclosure of information.
11 A. Except as provided in this Section, information
12 obtained from any individual or employing unit during the
13 administration of this Act shall:
14 1. be confidential,
15 2. not be published or open to public inspection,
16 3. not be used in any court in any pending action
17 or proceeding,
18 4. not be admissible in evidence in any action or
19 proceeding other than one arising out of this Act.
20 B. No finding, determination, decision, ruling or order
21 (including any finding of fact, statement or conclusion made
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1 therein) issued pursuant to this Act shall be admissible or
2 used in evidence in any action other than one arising out of
3 this Act, nor shall it be binding or conclusive except as
4 provided in this Act, nor shall it constitute res judicata,
5 regardless of whether the actions were between the same or
6 related parties or involved the same facts.
7 C. Any officer or employee of this State who, except
8 with authority of the Director under this Section, shall
9 disclose information shall be guilty of a Class B misdemeanor
10 and shall be disqualified from holding any appointment or
11 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
15 benefits or with his existing or prospective rights to
16 benefits. Discretion to disclose this information belongs
17 solely to the Director and is not subject to a release or
18 waiver by the individual.
19 E. An employing unit may be furnished with information,
20 only if deemed by the Director as necessary to enable it to
21 fully discharge its obligations or safeguard its rights under
22 the Act. Discretion to disclose this information belongs
23 solely to the Director and is not subject to a release or
24 waiver by the employing unit.
25 F. The Director may furnish any information that he may
26 deem proper to any public officer or public agency of this or
27 any other State or of the federal government dealing with:
28 1. the administration of relief,
29 2. public assistance,
30 3. unemployment compensation,
31 4. a system of public employment offices,
32 5. wages and hours of employment, or
33 6. a public works program.
34 The Director may make available to the Illinois
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1 Industrial Commission information regarding employers for the
2 purpose of verifying the insurance coverage required under
3 the Workers' Compensation Act and Workers' Occupational
4 Diseases Act.
5 G. The Director may disclose information submitted by
6 the State or any of its political subdivisions, municipal
7 corporations, instrumentalities, or school or community
8 college districts, except for information which specifically
9 identifies an individual claimant.
10 H. The Director shall disclose only that information
11 required to be disclosed under Section 303 of the Social
12 Security Act, as amended, including:
13 1. any information required to be given the United
14 States Department of Labor under Section 303(a)(6); and
15 2. the making available upon request to any agency
16 of the United States charged with the administration of
17 public works or assistance through public employment, the
18 name, address, ordinary occupation and employment status
19 of each recipient of unemployment compensation, and a
20 statement of such recipient's right to further
21 compensation under such law as required by Section
22 303(a)(7); and
23 3. records to make available to the Railroad
24 Retirement Board as required by Section 303(c)(1); and
25 4. information that will assure reasonable
26 cooperation with every agency of the United States
27 charged with the administration of any unemployment
28 compensation law as required by Section 303(c)(2); and
29 5. information upon request and on a reimbursable
30 basis to the United States Department of Agriculture and
31 to any State food stamp agency concerning any information
32 required to be furnished by Section 303(d); and
33 6. any wage information upon request and on a
34 reimbursable basis to any State or local child support
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1 enforcement agency required by Section 303(e); and
2 7. any information required under the income
3 eligibility and verification system as required by
4 Section 303(f); and
5 8. information that might be useful in locating an
6 absent parent or that parent's employer for the purpose
7 of a child support enforcement program under Title IV of
8 the Social Security Act upon the request of the public
9 agency administering the Federal Parent Locator Service
10 as required by Section 303(h); and
11 9. information, upon request, to representatives of
12 any federal, State or local governmental public housing
13 agency with respect to individuals who have signed the
14 appropriate consent form approved by the Secretary of
15 Housing and Urban Development and who are applying for or
16 participating in any housing assistance program
17 administered by the United States Department of Housing
18 and Urban Development as required by Section 303(i).
19 I. The Director, upon the request of a public agency of
20 Illinois, of the federal government or of any other state
21 charged with the investigation or enforcement of Section 10-5
22 of the Criminal Code of 1961 (or a similar federal law or
23 similar law of another State), may furnish the public agency
24 information regarding the individual specified in the request
25 as to:
26 1. the current or most recent home address of the
27 individual, and
28 2. the names and addresses of the individual's
29 employers.
30 J. Nothing in this Section shall be deemed to interfere
31 with the disclosure of certain records as provided for in
32 Section 1706 or with the right to make available to the
33 Internal Revenue Service of the United States Department of
34 the Treasury, or the Department of Revenue of the State of
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1 Illinois, information obtained under this Act.
2 K. The Department shall make available to the Illinois
3 Student Assistance State Scholarship Commission, upon
4 request, information in the possession of the Department that
5 it may be necessary or useful to the Commission in the
6 collection of defaulted or delinquent student loans which the
7 Commission administers, information limited to the names and
8 addresses of a borrower's employers.
9 L. The Department shall make available to the State
10 Employees' Retirement System, the State Universities
11 Retirement System, and the Teachers' Retirement System of the
12 State of Illinois, upon request, information in the
13 possession of the Department that may be necessary or useful
14 to the System for the purpose of determining whether any
15 recipient of a disability benefit from the System is
16 gainfully employed.
17 M. This Section shall be applicable to the information
18 obtained in the administration of the State employment
19 service, except that the Director may publish or release
20 general labor market information and may furnish information
21 that he may deem proper to an individual, public officer or
22 public agency of this or any other State or the federal
23 government (in addition to those public officers or public
24 agencies specified in this Section) as he prescribes by Rule.
25 N. The Director may require such safeguards as he deems
26 proper to insure that information disclosed pursuant to this
27 Section is used only for the purposes set forth in this
28 Section.
29 O. (Blank).
30 P. Within 30 days after the effective date of this
31 amendatory Act of 1993 and annually thereafter, the
32 Department shall provide to the Department of Financial
33 Institutions a list of individuals or entities that, for the
34 most recently completed calendar year, report to the
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1 Department as paying wages to workers. The lists shall be
2 deemed confidential and may not be disclosed to any other
3 person.
4 Q. The Director shall make available to an elected
5 federal official the name and address of an individual or
6 entity that is located within the jurisdiction from which the
7 official was elected and that, for the most recently
8 completed calendar year, has reported to the Department as
9 paying wages to workers, where the information will be used
10 in connection with the official duties of the official and
11 the official requests the information in writing, specifying
12 the purposes for which it will be used. For purposes of this
13 subsection, the use of information in connection with the
14 official duties of an official does not include use of the
15 information in connection with the solicitation of
16 contributions or expenditures, in money or in kind, to or on
17 behalf of a candidate for public or political office or a
18 political party or with respect to a public question, as
19 defined in Section 1-3 of the Election Code, or in connection
20 with any commercial solicitation. Any elected federal
21 official who, in submitting a request for information covered
22 by this subsection, knowingly makes a false statement or
23 fails to disclose a material fact, with the intent to obtain
24 the information for a purpose not authorized by this
25 subsection, shall be guilty of a Class B misdemeanor.
26 (Source: P.A. 88-435; 89-446, eff. 2-8-96; 89-493, eff.
27 1-1-97.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.".