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91_HB2116
LRB9104540WHpr
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 not be published or open to public inspection,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.
9 E. An employing unit may be furnished with information,
10 only if deemed by the Director as necessary to enable it to
11 fully discharge its obligations or safeguard its rights under
12 the Act. Discretion to disclose this information belongs
13 solely to the Director and is not subject to a release or
14 waiver by the employing unit.
15 F. The Director may furnish any information that he may
16 deem proper to any public officer or public agency of this or
17 any other State or of the federal government dealing with:
18 1. the administration of relief,
19 2. public assistance,
20 3. unemployment compensation,
21 4. a system of public employment offices,
22 5. wages and hours of employment, or
23 6. a public works program.
24 The Director may make available to the Illinois
25 Industrial Commission information regarding employers for the
26 purpose of verifying the insurance coverage required under
27 the Workers' Compensation Act and Workers' Occupational
28 Diseases Act.
29 G. The Director may disclose information submitted by
30 the State or any of its political subdivisions, municipal
31 corporations, instrumentalities, or school or community
32 college districts, except for information which specifically
33 identifies an individual claimant.
34 H. The Director shall disclose only that information
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1 required to be disclosed under Section 303 of the Social
2 Security Act, as amended, including:
3 1. any information required to be given the United
4 States Department of Labor under Section 303(a)(6); and
5 2. the making available upon request to any agency
6 of the United States charged with the administration of
7 public works or assistance through public employment, the
8 name, address, ordinary occupation and employment status
9 of each recipient of unemployment compensation, and a
10 statement of such recipient's right to further
11 compensation under such law as required by Section
12 303(a)(7); and
13 3. records to make available to the Railroad
14 Retirement Board as required by Section 303(c)(1); and
15 4. information that will assure reasonable
16 cooperation with every agency of the United States
17 charged with the administration of any unemployment
18 compensation law as required by Section 303(c)(2); and
19 5. information upon request and on a reimbursable
20 basis to the United States Department of Agriculture and
21 to any State food stamp agency concerning any information
22 required to be furnished by Section 303(d); and
23 6. any wage information upon request and on a
24 reimbursable basis to any State or local child support
25 enforcement agency required by Section 303(e); and
26 7. any information required under the income
27 eligibility and verification system as required by
28 Section 303(f); and
29 8. information that might be useful in locating an
30 absent parent or that parent's employer, establishing
31 paternity or establishing, modifying, or enforcing child
32 support orders for the purpose of a child support
33 enforcement program under Title IV of the Social Security
34 Act upon the request of and on a reimbursable basis to
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1 the public agency administering the Federal Parent
2 Locator Service as required by Section 303(h); and
3 9. information, upon request, to representatives of
4 any federal, State or local governmental public housing
5 agency with respect to individuals who have signed the
6 appropriate consent form approved by the Secretary of
7 Housing and Urban Development and who are applying for or
8 participating in any housing assistance program
9 administered by the United States Department of Housing
10 and Urban Development as required by Section 303(i).
11 I. The Director, upon the request of a public agency of
12 Illinois, of the federal government or of any other state
13 charged with the investigation or enforcement of Section 10-5
14 of the Criminal Code of 1961 (or a similar federal law or
15 similar law of another State), may furnish the public agency
16 information regarding the individual specified in the request
17 as to:
18 1. the current or most recent home address of the
19 individual, and
20 2. the names and addresses of the individual's
21 employers.
22 J. Nothing in this Section shall be deemed to interfere
23 with the disclosure of certain records as provided for in
24 Section 1706 or with the right to make available to the
25 Internal Revenue Service of the United States Department of
26 the Treasury, or the Department of Revenue of the State of
27 Illinois, information obtained under this Act.
28 K. The Department shall make available to the Illinois
29 Student Assistance Commission, upon request, information in
30 the possession of the Department that may be necessary or
31 useful to the Commission in the collection of defaulted or
32 delinquent student loans which the Commission administers.
33 L. The Department shall make available to the State
34 Employees' Retirement System, the State Universities
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1 Retirement System, and the Teachers' Retirement System of the
2 State of Illinois, upon request, information in the
3 possession of the Department that may be necessary or useful
4 to the System for the purpose of determining whether any
5 recipient of a disability benefit from the System is
6 gainfully employed.
7 M. This Section shall be applicable to the information
8 obtained in the administration of the State employment
9 service, except that the Director may publish or release
10 general labor market information and may furnish information
11 that he may deem proper to an individual, public officer or
12 public agency of this or any other State or the federal
13 government (in addition to those public officers or public
14 agencies specified in this Section) as he prescribes by Rule.
15 N. The Director may require such safeguards as he deems
16 proper to insure that information disclosed pursuant to this
17 Section is used only for the purposes set forth in this
18 Section.
19 O. (Blank).
20 P. Within 30 days after the effective date of this
21 amendatory Act of 1993 and annually thereafter, the
22 Department shall provide to the Department of Financial
23 Institutions a list of individuals or entities that, for the
24 most recently completed calendar year, report to the
25 Department as paying wages to workers. The lists shall be
26 deemed confidential and may not be disclosed to any other
27 person.
28 Q. The Director shall make available to an elected
29 federal official the name and address of an individual or
30 entity that is located within the jurisdiction from which the
31 official was elected and that, for the most recently
32 completed calendar year, has reported to the Department as
33 paying wages to workers, where the information will be used
34 in connection with the official duties of the official and
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1 the official requests the information in writing, specifying
2 the purposes for which it will be used. For purposes of this
3 subsection, the use of information in connection with the
4 official duties of an official does not include use of the
5 information in connection with the solicitation of
6 contributions or expenditures, in money or in kind, to or on
7 behalf of a candidate for public or political office or a
8 political party or with respect to a public question, as
9 defined in Section 1-3 of the Election Code, or in connection
10 with any commercial solicitation. Any elected federal
11 official who, in submitting a request for information covered
12 by this subsection, knowingly makes a false statement or
13 fails to disclose a material fact, with the intent to obtain
14 the information for a purpose not authorized by this
15 subsection, shall be guilty of a Class B misdemeanor.
16 R. The Director may provide to any State or local child
17 support agency, upon request and on a reimbursable basis,
18 information that might be useful in locating an absent parent
19 or that parent's employer, establishing paternity, or
20 establishing, modifying, or enforcing child support orders.
21 S. Upon request by an authorized designee of the chief
22 executive officer of a municipality or county, the Department
23 shall disclose the names, locations, industrial
24 classifications, and numbers of employees of employers
25 located within that municipality or county when the
26 information is requested in furtherance of industrial and
27 commercial development or retention objectives and programs.
28 (Source: P.A. 89-446, eff. 2-8-96; 89-493, eff. 1-1-97;
29 90-425, eff. 8-15-97; 90-488, eff. 8-17-97; 90-655, eff.
30 7-30-98.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.