SB1735sam001 101ST GENERAL ASSEMBLY

Sen. Omar Aquino

Filed: 3/13/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1735

2    AMENDMENT NO. ______. Amend Senate Bill 1735 on page 3,
3immediately below line 22, by inserting the following:
 
4    "Section 10. The Unemployment Insurance Act is amended by
5changing Section 1900 as follows:
 
6    (820 ILCS 405/1900)  (from Ch. 48, par. 640)
7    Sec. 1900. Disclosure of information.
8    A. Except as provided in this Section, information obtained
9from any individual or employing unit during the administration
10of this Act shall:
11        1. be confidential,
12        2. not be published or open to public inspection,
13        3. not be used in any court in any pending action or
14    proceeding,
15        4. not be admissible in evidence in any action or
16    proceeding other than one arising out of this Act.

 

 

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1    B. No finding, determination, decision, ruling or order
2(including any finding of fact, statement or conclusion made
3therein) issued pursuant to this Act shall be admissible or
4used in evidence in any action other than one arising out of
5this Act, nor shall it be binding or conclusive except as
6provided in this Act, nor shall it constitute res judicata,
7regardless of whether the actions were between the same or
8related parties or involved the same facts.
9    C. Any officer or employee of this State, any officer or
10employee of any entity authorized to obtain information
11pursuant to this Section, and any agent of this State or of
12such entity who, except with authority of the Director under
13this Section, shall disclose information shall be guilty of a
14Class B misdemeanor and shall be disqualified from holding any
15appointment or employment by the State.
16    D. An individual or his duly authorized agent may be
17supplied with information from records only to the extent
18necessary for the proper presentation of his claim for benefits
19or with his existing or prospective rights to benefits.
20Discretion to disclose this information belongs solely to the
21Director and is not subject to a release or waiver by the
22individual. Notwithstanding any other provision to the
23contrary, an individual or his or her duly authorized agent may
24be supplied with a statement of the amount of benefits paid to
25the individual during the 18 months preceding the date of his
26or her request.

 

 

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1    E. An employing unit may be furnished with information,
2only if deemed by the Director as necessary to enable it to
3fully discharge its obligations or safeguard its rights under
4the Act. Discretion to disclose this information belongs solely
5to the Director and is not subject to a release or waiver by
6the employing unit.
7    F. The Director may furnish any information that he may
8deem proper to any public officer or public agency of this or
9any other State or of the federal government, or to any public
10college or university or to any non-profit private college or
11university, dealing with:
12        1. the administration of relief,
13        2. public assistance,
14        3. unemployment compensation,
15        4. a system of public employment offices,
16        5. wages and hours of employment, or
17        6. a public works program, or .
18        7. statistical analysis, research, program
19    improvement, and evaluation of policies or programs
20    designed to promote the employment of job seekers, reduce
21    poverty, promote social mobility, or increase financial
22    stability.
23    The Director may make available to the Illinois Workers'
24Compensation Commission information regarding employers for
25the purpose of verifying the insurance coverage required under
26the Workers' Compensation Act and Workers' Occupational

 

 

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1Diseases Act.
2    G. The Director may disclose information submitted by the
3State or any of its political subdivisions, municipal
4corporations, instrumentalities, or school or community
5college districts, except for information which specifically
6identifies an individual claimant.
7    H. The Director shall disclose only that information
8required to be disclosed under Section 303 of the Social
9Security Act, as amended, including:
10        1. any information required to be given the United
11    States Department of Labor under Section 303(a)(6); and
12        2. the making available upon request to any agency of
13    the United States charged with the administration of public
14    works or assistance through public employment, the name,
15    address, ordinary occupation and employment status of each
16    recipient of unemployment compensation, and a statement of
17    such recipient's right to further compensation under such
18    law as required by Section 303(a)(7); and
19        3. records to make available to the Railroad Retirement
20    Board as required by Section 303(c)(1); and
21        4. information that will assure reasonable cooperation
22    with every agency of the United States charged with the
23    administration of any unemployment compensation law as
24    required by Section 303(c)(2); and
25        5. information upon request and on a reimbursable basis
26    to the United States Department of Agriculture and to any

 

 

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1    State food stamp agency concerning any information
2    required to be furnished by Section 303(d); and
3        6. any wage information upon request and on a
4    reimbursable basis to any State or local child support
5    enforcement agency required by Section 303(e); and
6        7. any information required under the income
7    eligibility and verification system as required by Section
8    303(f); and
9        8. information that might be useful in locating an
10    absent parent or that parent's employer, establishing
11    paternity or establishing, modifying, or enforcing child
12    support orders for the purpose of a child support
13    enforcement program under Title IV of the Social Security
14    Act upon the request of and on a reimbursable basis to the
15    public agency administering the Federal Parent Locator
16    Service as required by Section 303(h); and
17        9. information, upon request, to representatives of
18    any federal, State or local governmental public housing
19    agency with respect to individuals who have signed the
20    appropriate consent form approved by the Secretary of
21    Housing and Urban Development and who are applying for or
22    participating in any housing assistance program
23    administered by the United States Department of Housing and
24    Urban Development as required by Section 303(i).
25    I. The Director, upon the request of a public agency of
26Illinois, of the federal government or of any other state

 

 

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1charged with the investigation or enforcement of Section 10-5
2of the Criminal Code of 2012 (or a similar federal law or
3similar law of another State), may furnish the public agency
4information regarding the individual specified in the request
5as to:
6        1. the current or most recent home address of the
7    individual, and
8        2. the names and addresses of the individual's
9    employers.
10    J. Nothing in this Section shall be deemed to interfere
11with the disclosure of certain records as provided for in
12Section 1706 or with the right to make available to the
13Internal Revenue Service of the United States Department of the
14Treasury, or the Department of Revenue of the State of
15Illinois, information obtained under this Act.
16    K. The Department shall make available to the Illinois
17Student Assistance Commission, upon request, information in
18the possession of the Department that may be necessary or
19useful to the Commission in the collection of defaulted or
20delinquent student loans which the Commission administers.
21    L. The Department shall make available to the State
22Employees' Retirement System, the State Universities
23Retirement System, the Teachers' Retirement System of the State
24of Illinois, and the Department of Central Management Services,
25Risk Management Division, upon request, information in the
26possession of the Department that may be necessary or useful to

 

 

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1the System or the Risk Management Division for the purpose of
2determining whether any recipient of a disability benefit from
3the System or a workers' compensation benefit from the Risk
4Management Division is gainfully employed.
5    M. This Section shall be applicable to the information
6obtained in the administration of the State employment service,
7except that the Director may publish or release general labor
8market information and may furnish information that he may deem
9proper to an individual, public officer or public agency of
10this or any other State or the federal government (in addition
11to those public officers or public agencies specified in this
12Section) as he prescribes by Rule.
13    N. The Director may require such safeguards as he deems
14proper to insure that information disclosed pursuant to this
15Section is used only for the purposes set forth in this
16Section.
17    O. Nothing in this Section prohibits communication with an
18individual or entity through unencrypted e-mail or other
19unencrypted electronic means as long as the communication does
20not contain the individual's or entity's name in combination
21with any one or more of the individual's or entity's social
22security number; driver's license or State identification
23number; credit or debit card number; or any required security
24code, access code, or password that would permit access to
25further information pertaining to the individual or entity.
26    P. (Blank).

 

 

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1    Q. The Director shall make available to an elected federal
2official the name and address of an individual or entity that
3is located within the jurisdiction from which the official was
4elected and that, for the most recently completed calendar
5year, has reported to the Department as paying wages to
6workers, where the information will be used in connection with
7the official duties of the official and the official requests
8the information in writing, specifying the purposes for which
9it will be used. For purposes of this subsection, the use of
10information in connection with the official duties of an
11official does not include use of the information in connection
12with the solicitation of contributions or expenditures, in
13money or in kind, to or on behalf of a candidate for public or
14political office or a political party or with respect to a
15public question, as defined in Section 1-3 of the Election
16Code, or in connection with any commercial solicitation. Any
17elected federal official who, in submitting a request for
18information covered by this subsection, knowingly makes a false
19statement or fails to disclose a material fact, with the intent
20to obtain the information for a purpose not authorized by this
21subsection, shall be guilty of a Class B misdemeanor.
22    R. The Director may provide to any State or local child
23support agency, upon request and on a reimbursable basis,
24information that might be useful in locating an absent parent
25or that parent's employer, establishing paternity, or
26establishing, modifying, or enforcing child support orders.

 

 

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1    S. The Department shall make available to a State's
2Attorney of this State or a State's Attorney's investigator,
3upon request, the current address or, if the current address is
4unavailable, current employer information, if available, of a
5victim of a felony or a witness to a felony or a person against
6whom an arrest warrant is outstanding.
7    T. The Director shall make available to the Department of
8State Police, a county sheriff's office, or a municipal police
9department, upon request, any information concerning the
10current address and place of employment or former places of
11employment of a person who is required to register as a sex
12offender under the Sex Offender Registration Act that may be
13useful in enforcing the registration provisions of that Act.
14    U. The Director shall make information available to the
15Department of Healthcare and Family Services and the Department
16of Human Services for the purpose of determining eligibility
17for public benefit programs authorized under the Illinois
18Public Aid Code and related statutes administered by those
19departments, for verifying sources and amounts of income, and
20for other purposes directly connected with the administration
21of those programs.
22    V. The Director shall make information available to the
23State Board of Elections as may be required by an agreement the
24State Board of Elections has entered into with a multi-state
25voter registration list maintenance system.
26    W. The Director shall make information available to the

 

 

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1State Treasurer's office and the Department of Revenue for the
2purpose of facilitating compliance with the Illinois Secure
3Choice Savings Program Act, including employer contact
4information for employers with 25 or more employees and any
5other information the Director deems appropriate that is
6directly related to the administration of this program.
7(Source: P.A. 99-571, eff. 7-15-16; 99-933, eff. 1-27-17;
8100-484, eff. 9-8-17.)".