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91_HB3177ham001
LRB9111423WHcsam
1 AMENDMENT TO HOUSE BILL 3177
2 AMENDMENT NO. . Amend House Bill 3177 by replacing
3 the title with the following:
4 "AN ACT to amend the Unemployment Insurance Act by
5 changing Section 1900."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. 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
13 obtained from any individual or employing unit during the
14 administration 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 not be published or open to public inspection,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
18 or 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
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1 (including any finding of fact, statement or conclusion made
2 therein) issued pursuant to this Act shall be admissible or
3 used in evidence in any action other than one arising out of
4 this Act, nor shall it be binding or conclusive except as
5 provided in this Act, nor shall it constitute res judicata,
6 regardless of whether the actions were between the same or
7 related parties or involved the same facts.
8 C. Any officer or employee of this State, any officer or
9 employee of any entity authorized to obtain information
10 pursuant to this Section, and any agent of this State or of
11 such entity who, except with authority of the Director under
12 this Section, shall disclose information shall be guilty of a
13 Class B misdemeanor and shall be disqualified from holding
14 any appointment or employment by the State.
15 D. An individual or his duly authorized agent may be
16 supplied with information from records only to the extent
17 necessary for the proper presentation of his claim for
18 benefits or with his existing or prospective rights to
19 benefits. Discretion to disclose this information belongs
20 solely to the Director and is not subject to a release or
21 waiver by the individual. Notwithstanding any other provision
22 to the contrary, an individual or his or her duly authorized
23 agent may be supplied with a statement of the amount of
24 benefits paid to the individual during the 18 months
25 preceding the date of his or her request.
26 E. An employing unit may be furnished with information,
27 only if deemed by the Director as necessary to enable it to
28 fully discharge its obligations or safeguard its rights under
29 the Act. Discretion to disclose this information belongs
30 solely to the Director and is not subject to a release or
31 waiver by the employing unit.
32 F. The Director may furnish any information that he may
33 deem proper to any public officer or public agency of this or
34 any other State or of the federal government dealing with:
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1 1. the administration of relief,
2 2. public assistance,
3 3. unemployment compensation,
4 4. a system of public employment offices,
5 5. wages and hours of employment, or
6 6. a public works program.
7 The Director may make available to the Illinois
8 Industrial Commission information regarding employers for the
9 purpose of verifying the insurance coverage required under
10 the Workers' Compensation Act and Workers' Occupational
11 Diseases Act.
12 G. The Director may disclose information submitted by
13 the State or any of its political subdivisions, municipal
14 corporations, instrumentalities, or school or community
15 college districts, except for information which specifically
16 identifies an individual claimant.
17 H. The Director shall disclose only that information
18 required to be disclosed under Section 303 of the Social
19 Security Act, as amended, including:
20 1. any information required to be given the United
21 States Department of Labor under Section 303(a)(6); and
22 2. the making available upon request to any agency
23 of the United States charged with the administration of
24 public works or assistance through public employment, the
25 name, address, ordinary occupation and employment status
26 of each recipient of unemployment compensation, and a
27 statement of such recipient's right to further
28 compensation under such law as required by Section
29 303(a)(7); and
30 3. records to make available to the Railroad
31 Retirement Board as required by Section 303(c)(1); and
32 4. information that will assure reasonable
33 cooperation with every agency of the United States
34 charged with the administration of any unemployment
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1 compensation law as required by Section 303(c)(2); and
2 5. information upon request and on a reimbursable
3 basis to the United States Department of Agriculture and
4 to any State food stamp agency concerning any information
5 required to be furnished by Section 303(d); and
6 6. any wage information upon request and on a
7 reimbursable basis to any State or local child support
8 enforcement agency required by Section 303(e); and
9 7. any information required under the income
10 eligibility and verification system as required by
11 Section 303(f); and
12 8. information that might be useful in locating an
13 absent parent or that parent's employer, establishing
14 paternity or establishing, modifying, or enforcing child
15 support orders for the purpose of a child support
16 enforcement program under Title IV of the Social Security
17 Act upon the request of and on a reimbursable basis to
18 the public agency administering the Federal Parent
19 Locator Service as required by Section 303(h); and
20 9. information, upon request, to representatives of
21 any federal, State or local governmental public housing
22 agency with respect to individuals who have signed the
23 appropriate consent form approved by the Secretary of
24 Housing and Urban Development and who are applying for or
25 participating in any housing assistance program
26 administered by the United States Department of Housing
27 and Urban Development as required by Section 303(i).
28 I. The Director, upon the request of a public agency of
29 Illinois, of the federal government or of any other state
30 charged with the investigation or enforcement of Section 10-5
31 of the Criminal Code of 1961 (or a similar federal law or
32 similar law of another State), may furnish the public agency
33 information regarding the individual specified in the request
34 as to:
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1 1. the current or most recent home address of the
2 individual, and
3 2. the names and addresses of the individual's
4 employers.
5 J. Nothing in this Section shall be deemed to interfere
6 with the disclosure of certain records as provided for in
7 Section 1706 or with the right to make available to the
8 Internal Revenue Service of the United States Department of
9 the Treasury, or the Department of Revenue of the State of
10 Illinois, information obtained under this Act.
11 K. The Department shall make available to the Illinois
12 Student Assistance Commission, upon request, information in
13 the possession of the Department that may be necessary or
14 useful to the Commission in the collection of defaulted or
15 delinquent student loans which the Commission administers.
16 L. The Department shall make available to the State
17 Employees' Retirement System, the State Universities
18 Retirement System, and the Teachers' Retirement System of the
19 State of Illinois, upon request, information in the
20 possession of the Department that may be necessary or useful
21 to the System for the purpose of determining whether any
22 recipient of a disability benefit from the System is
23 gainfully employed.
24 M. This Section shall be applicable to the information
25 obtained in the administration of the State employment
26 service, except that the Director may publish or release
27 general labor market information and may furnish information
28 that he may deem proper to an individual, public officer or
29 public agency of this or any other State or the federal
30 government (in addition to those public officers or public
31 agencies specified in this Section) as he prescribes by Rule.
32 N. The Director may require such safeguards as he deems
33 proper to insure that information disclosed pursuant to this
34 Section is used only for the purposes set forth in this
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1 Section.
2 O. (Blank).
3 P. Within 30 days after the effective date of this
4 amendatory Act of 1993 and annually thereafter, the
5 Department shall provide to the Department of Financial
6 Institutions a list of individuals or entities that, for the
7 most recently completed calendar year, report to the
8 Department as paying wages to workers. The lists shall be
9 deemed confidential and may not be disclosed to any other
10 person.
11 Q. The Director shall make available to an elected
12 federal official the name and address of an individual or
13 entity that is located within the jurisdiction from which the
14 official was elected and that, for the most recently
15 completed calendar year, has reported to the Department as
16 paying wages to workers, where the information will be used
17 in connection with the official duties of the official and
18 the official requests the information in writing, specifying
19 the purposes for which it will be used. For purposes of this
20 subsection, the use of information in connection with the
21 official duties of an official does not include use of the
22 information in connection with the solicitation of
23 contributions or expenditures, in money or in kind, to or on
24 behalf of a candidate for public or political office or a
25 political party or with respect to a public question, as
26 defined in Section 1-3 of the Election Code, or in connection
27 with any commercial solicitation. Any elected federal
28 official who, in submitting a request for information covered
29 by this subsection, knowingly makes a false statement or
30 fails to disclose a material fact, with the intent to obtain
31 the information for a purpose not authorized by this
32 subsection, shall be guilty of a Class B misdemeanor.
33 R. The Director may provide to any State or local child
34 support agency, upon request and on a reimbursable basis,
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1 information that might be useful in locating an absent parent
2 or that parent's employer, establishing paternity, or
3 establishing, modifying, or enforcing child support orders.
4 S. Upon request by an authorized designee of the chief
5 executive officer of a municipality or county, the Department
6 shall disclose the names, locations, industrial
7 classifications, and numbers of employees of employers
8 located within that municipality or county when the
9 information is requested in furtherance of industrial and
10 commercial development or retention objectives and programs.
11 (Source: P.A. 90-425, eff. 8-15-97; 90-488, eff. 8-17-97;
12 90-655, eff. 7-30-98; 91-342, eff. 1-1-00.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.".