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91_HB3179
LRB9109429WHdv
1 AN ACT to amend the Unemployment Insurance Act by
2 changing Section 1900.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unemployment Insurance Act is amended by
6 changing Section 1900 as follows:
7 (820 ILCS 405/1900) (from Ch. 48, par. 640)
8 Sec. 1900. Disclosure of information.
9 A. Except as provided in this Section, information
10 obtained from any individual or employing unit during the
11 administration of this Act shall:
12 1. be confidential,
13 2. not be published or open to public inspection,
14 3. not be used in any court in any pending action
15 or proceeding,
16 4. not be admissible in evidence in any action or
17 proceeding other than one arising out of this Act.
18 B. No finding, determination, decision, ruling or order
19 (including any finding of fact, statement or conclusion made
20 therein) issued pursuant to this Act shall be admissible or
21 used in evidence in any action other than one arising out of
22 this Act, nor shall it be binding or conclusive except as
23 provided in this Act, nor shall it constitute res judicata,
24 regardless of whether the actions were between the same or
25 related parties or involved the same facts.
26 C. Any officer or employee of this State, any officer or
27 employee of any entity authorized to obtain information
28 pursuant to this Section, and any agent of this State or of
29 such entity who, except with authority of the Director under
30 this Section, shall disclose information shall be guilty of a
31 Class B misdemeanor and shall be disqualified from holding
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1 any appointment or employment by the State.
2 D. An individual or his duly authorized agent may be
3 supplied with information from records only to the extent
4 necessary for the proper presentation of his claim for
5 benefits or with his existing or prospective rights to
6 benefits. Discretion to disclose this information belongs
7 solely to the Director and is not subject to a release or
8 waiver by the individual. Notwithstanding any other provision
9 to the contrary, an individual or his or her duly authorized
10 agent may be supplied with a statement of the amount of
11 benefits paid to the individual during the 18 months
12 preceding the date of his or her request.
13 E. An employing unit may be furnished with information,
14 only if deemed by the Director as necessary to enable it to
15 fully discharge its obligations or safeguard its rights under
16 the Act. Discretion to disclose this information belongs
17 solely to the Director and is not subject to a release or
18 waiver by the employing unit.
19 F. The Director may furnish any information that he may
20 deem proper to any public officer or public agency of this or
21 any other State or of the federal government dealing with:
22 1. the administration of relief,
23 2. public assistance,
24 3. unemployment compensation,
25 4. a system of public employment offices,
26 5. wages and hours of employment, or
27 6. a public works program.
28 The Director may make available to the Illinois
29 Industrial Commission information regarding employers for the
30 purpose of verifying the insurance coverage required under
31 the Workers' Compensation Act and Workers' Occupational
32 Diseases Act.
33 G. The Director may disclose information submitted by
34 the State or any of its political subdivisions, municipal
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1 corporations, instrumentalities, or school or community
2 college districts, except for information which specifically
3 identifies an individual claimant.
4 H. The Director shall disclose only that information
5 required to be disclosed under Section 303 of the Social
6 Security Act, as amended, including:
7 1. any information required to be given the United
8 States Department of Labor under Section 303(a)(6); and
9 2. the making available upon request to any agency
10 of the United States charged with the administration of
11 public works or assistance through public employment, the
12 name, address, ordinary occupation and employment status
13 of each recipient of unemployment compensation, and a
14 statement of such recipient's right to further
15 compensation under such law as required by Section
16 303(a)(7); and
17 3. records to make available to the Railroad
18 Retirement Board as required by Section 303(c)(1); and
19 4. information that will assure reasonable
20 cooperation with every agency of the United States
21 charged with the administration of any unemployment
22 compensation law as required by Section 303(c)(2); and
23 5. information upon request and on a reimbursable
24 basis to the United States Department of Agriculture and
25 to any State food stamp agency concerning any information
26 required to be furnished by Section 303(d); and
27 6. any wage information upon request and on a
28 reimbursable basis to any State or local child support
29 enforcement agency required by Section 303(e); and
30 7. any information required under the income
31 eligibility and verification system as required by
32 Section 303(f); and
33 8. information that might be useful in locating an
34 absent parent or that parent's employer, establishing
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1 paternity or establishing, modifying, or enforcing child
2 support orders for the purpose of a child support
3 enforcement program under Title IV of the Social Security
4 Act upon the request of and on a reimbursable basis to
5 the public agency administering the Federal Parent
6 Locator Service as required by Section 303(h); and
7 9. information, upon request, to representatives of
8 any federal, State or local governmental public housing
9 agency with respect to individuals who have signed the
10 appropriate consent form approved by the Secretary of
11 Housing and Urban Development and who are applying for or
12 participating in any housing assistance program
13 administered by the United States Department of Housing
14 and Urban Development as required by Section 303(i).
15 I. The Director, upon the request of a public agency of
16 Illinois, of the federal government or of any other state
17 charged with the investigation or enforcement of Section 10-5
18 of the Criminal Code of 1961 (or a similar federal law or
19 similar law of another State), may furnish the public agency
20 information regarding the individual specified in the request
21 as to:
22 1. the current or most recent home address of the
23 individual, and
24 2. the names and addresses of the individual's
25 employers.
26 J. Nothing in this Section shall be deemed to interfere
27 with the disclosure of certain records as provided for in
28 Section 1706 or with the right to make available to the
29 Internal Revenue Service of the United States Department of
30 the Treasury, or the Department of Revenue of the State of
31 Illinois, information obtained under this Act.
32 K. The Department shall make available to the Illinois
33 Student Assistance Commission, upon request, information in
34 the possession of the Department that may be necessary or
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1 useful to the Commission in the collection of defaulted or
2 delinquent student loans which the Commission administers.
3 L. The Department shall make available to the State
4 Employees' Retirement System, the State Universities
5 Retirement System, and the Teachers' Retirement System of the
6 State of Illinois, upon request, information in the
7 possession of the Department that may be necessary or useful
8 to the System for the purpose of determining whether any
9 recipient of a disability benefit from the System is
10 gainfully employed.
11 M. This Section shall be applicable to the information
12 obtained in the administration of the State employment
13 service, except that the Director may publish or release
14 general labor market information and may furnish information
15 that he may deem proper to an individual, public officer or
16 public agency of this or any other State or the federal
17 government (in addition to those public officers or public
18 agencies specified in this Section) as he prescribes by Rule.
19 N. The Director may require such safeguards as he deems
20 proper to insure that information disclosed pursuant to this
21 Section is used only for the purposes set forth in this
22 Section.
23 O. (Blank).
24 P. Within 30 days after the effective date of this
25 amendatory Act of 1993 and annually thereafter, the
26 Department shall provide to the Department of Financial
27 Institutions a list of individuals or entities that, for the
28 most recently completed calendar year, report to the
29 Department as paying wages to workers. The lists shall be
30 deemed confidential and may not be disclosed to any other
31 person.
32 Q. The Director shall make available to an elected
33 federal official the name and address of an individual or
34 entity that is located within the jurisdiction from which the
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1 official was elected and that, for the most recently
2 completed calendar year, has reported to the Department as
3 paying wages to workers, where the information will be used
4 in connection with the official duties of the official and
5 the official requests the information in writing, specifying
6 the purposes for which it will be used. For purposes of this
7 subsection, the use of information in connection with the
8 official duties of an official does not include use of the
9 information in connection with the solicitation of
10 contributions or expenditures, in money or in kind, to or on
11 behalf of a candidate for public or political office or a
12 political party or with respect to a public question, as
13 defined in Section 1-3 of the Election Code, or in connection
14 with any commercial solicitation. Any elected federal
15 official who, in submitting a request for information covered
16 by this subsection, knowingly makes a false statement or
17 fails to disclose a material fact, with the intent to obtain
18 the information for a purpose not authorized by this
19 subsection, shall be guilty of a Class B misdemeanor.
20 R. The Director may provide to any State or local child
21 support agency, upon request and on a reimbursable basis,
22 information that might be useful in locating an absent parent
23 or that parent's employer, establishing paternity, or
24 establishing, modifying, or enforcing child support orders.
25 S. The Department shall make available to a State's
26 Attorney of this State or a State's Attorney's investigator,
27 upon request, information in the possession of the Department
28 that may be necessary or useful in locating a crime victim or
29 a witness.
30 (Source: P.A. 90-425, eff. 8-15-97; 90-488, eff. 8-17-97;
31 90-655, eff. 7-30-98; 91-342, eff. 1-1-00.)
32 Section 99. Effective date. This Act takes effect
33 January 1, 2001.