Full Text of HB5752 95th General Assembly
HB5752eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unemployment Insurance Act is amended by | 5 |
| changing Section 1900 as follows:
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| (820 ILCS 405/1900) (from Ch. 48, par. 640)
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| Sec. 1900. Disclosure of information.
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| A. Except as provided in this Section, information obtained | 9 |
| from any
individual or employing unit during the administration | 10 |
| of this Act shall:
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| 1. be confidential,
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| 2. not be published or open to public inspection,
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| 3. not be used in any court in any pending action or | 14 |
| proceeding,
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| 4. not be admissible in evidence in any action or | 16 |
| proceeding other than
one arising out of this Act.
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| B. No finding, determination, decision, ruling or order | 18 |
| (including
any finding of fact, statement or conclusion made | 19 |
| therein) issued pursuant
to this Act shall be admissible or | 20 |
| used in evidence in any action other than
one arising out of | 21 |
| this Act, nor shall it be binding or conclusive except
as | 22 |
| provided in this Act, nor shall it constitute res judicata, | 23 |
| regardless
of whether the actions were between the same or |
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| related parties or involved
the same facts.
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| C. Any officer or employee of this State, any officer or | 3 |
| employee of any
entity authorized to obtain information | 4 |
| pursuant to this Section, and any
agent of this State or of | 5 |
| such entity
who, except with authority of
the Director under | 6 |
| this Section, shall disclose information shall be guilty
of a | 7 |
| Class B misdemeanor and shall be disqualified from holding any
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| appointment or employment by the State.
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| D. An individual or his duly authorized agent may be | 10 |
| supplied with
information from records only to the extent | 11 |
| necessary for the proper
presentation of his claim for benefits | 12 |
| or with his existing or prospective
rights to benefits. | 13 |
| Discretion to disclose this information belongs
solely to the | 14 |
| Director and is not subject to a release or waiver by the
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| individual.
Notwithstanding any other provision to the | 16 |
| contrary, an individual or his or
her duly authorized agent may | 17 |
| be supplied with a statement of the amount of
benefits paid to | 18 |
| the individual during the 18 months preceding the date of his
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| or her request.
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| E. An employing unit may be furnished with information, | 21 |
| only if deemed by
the Director as necessary to enable it to | 22 |
| fully discharge its obligations or
safeguard its rights under | 23 |
| the Act. Discretion to disclose this information
belongs solely | 24 |
| to the Director and is not subject to a release or waiver by | 25 |
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employing unit.
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| F. The Director may furnish any information that he may |
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| deem proper to
any public officer or public agency of this or | 2 |
| any other State or of the
federal government dealing with:
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| 1. the administration of relief,
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| 2. public assistance,
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| 3. unemployment compensation,
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| 4. a system of public employment offices,
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| 5. wages and hours of employment, or
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| 6. a public works program.
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| The Director may make available to the Illinois Workers' | 10 |
| Compensation Commission
information regarding employers for | 11 |
| the purpose of verifying the insurance
coverage required under | 12 |
| the Workers' Compensation Act and Workers'
Occupational | 13 |
| Diseases Act.
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| G. The Director may disclose information submitted by the | 15 |
| State or any
of its political subdivisions, municipal | 16 |
| corporations, instrumentalities,
or school or community | 17 |
| college districts, except for information which
specifically | 18 |
| identifies an individual claimant.
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| H. The Director shall disclose only that information | 20 |
| required to be
disclosed under Section 303 of the Social | 21 |
| Security Act, as amended, including:
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| 1. any information required to be given the United | 23 |
| States Department of
Labor under Section 303(a)(6); and
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| 2. the making available upon request to any agency of | 25 |
| the United States
charged with the administration of public | 26 |
| works or assistance through
public employment, the name, |
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| address, ordinary occupation and employment
status of each | 2 |
| recipient of unemployment compensation, and a statement of
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| such recipient's right to further compensation under such | 4 |
| law as required
by Section 303(a)(7); and
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| 3. records to make available to the Railroad Retirement | 6 |
| Board as
required by Section 303(c)(1); and
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| 4. information that will assure reasonable cooperation | 8 |
| with every agency
of the United States charged with the | 9 |
| administration of any unemployment
compensation law as | 10 |
| required by Section 303(c)(2); and
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| 5. information upon request and on a reimbursable basis | 12 |
| to the United
States Department of Agriculture and to any | 13 |
| State food stamp agency
concerning any information | 14 |
| required to be furnished by Section 303(d); and
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| 6. any wage information upon request and on a | 16 |
| reimbursable basis
to any State or local child support | 17 |
| enforcement agency required by
Section 303(e); and
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| 7. any information required under the income | 19 |
| eligibility and
verification system as required by Section | 20 |
| 303(f); and
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| 8. information that might be useful in locating an | 22 |
| absent parent or that
parent's employer, establishing | 23 |
| paternity or establishing, modifying, or
enforcing child | 24 |
| support orders
for the purpose of a child support | 25 |
| enforcement program
under Title IV of the Social Security | 26 |
| Act upon the request of
and on a reimbursable basis to
the |
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| public
agency administering the Federal Parent Locator | 2 |
| Service as required by
Section 303(h); and
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| 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 and
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| Urban Development as required by Section 303(i).
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| 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
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| information regarding the individual specified in the request | 17 |
| as to:
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| 1. the current or most recent home address of the | 19 |
| individual, and
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| 2. the names and addresses of the individual's | 21 |
| employers.
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| 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 the | 26 |
| Treasury, or the Department of Revenue of the
State of |
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| Illinois, information obtained under this Act.
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| K. The Department shall make available to the Illinois | 3 |
| Student Assistance
Commission, upon request, information in | 4 |
| the possession of the Department that
may be necessary or | 5 |
| useful to the
Commission in the collection of defaulted or | 6 |
| delinquent student loans which
the Commission administers.
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| L. The Department shall make available to the State | 8 |
| Employees'
Retirement System, the State Universities | 9 |
| Retirement System, and the
Teachers' Retirement System of the | 10 |
| State of Illinois, upon request,
information in the possession | 11 |
| of the Department that may be necessary or useful
to the System | 12 |
| for the purpose of determining whether any recipient of a
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| disability benefit from the System is gainfully employed.
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| M. This Section shall be applicable to the information | 15 |
| obtained in the
administration of the State employment service, | 16 |
| except that the Director
may publish or release general labor | 17 |
| market information and may furnish
information that he may deem | 18 |
| proper to an individual, public officer or
public agency of | 19 |
| this or any other State or the federal government (in
addition | 20 |
| to those public officers or public agencies specified in this
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| Section) as he prescribes by Rule.
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| N. The Director may require such safeguards as he deems | 23 |
| proper to insure
that information disclosed pursuant to this | 24 |
| Section is used only for the
purposes set forth in this | 25 |
| Section.
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| O. (Blank).
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| P. Within 30 days after the effective date of this | 2 |
| amendatory Act of 1993
and annually thereafter, the Department | 3 |
| shall provide to the Department of
Financial Institutions a | 4 |
| list of individuals or entities that, for the most
recently | 5 |
| completed calendar year, report to the Department as paying | 6 |
| wages to
workers. The lists shall be deemed confidential and | 7 |
| may not be disclosed to
any other person.
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| Q. The Director shall make available to an elected federal
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| official the name and address of an individual or entity that | 10 |
| is located within
the jurisdiction from which the official was | 11 |
| elected and that, for the most
recently completed calendar | 12 |
| year, has reported to the Department as paying
wages to | 13 |
| workers, where the information will be used in connection with | 14 |
| the
official duties of the official and the official requests | 15 |
| the information in
writing, specifying the purposes for which | 16 |
| it will be used.
For purposes of this subsection, the use of | 17 |
| information in connection with the
official duties of an | 18 |
| official does not include use of the information in
connection | 19 |
| with the solicitation of contributions or expenditures, in | 20 |
| money or
in kind, to or on behalf of a candidate for public or | 21 |
| political office or a
political party or with respect to a | 22 |
| public question, as defined in Section 1-3
of the Election | 23 |
| Code, or in connection with any commercial solicitation. Any
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| elected federal official who, in submitting a request for | 25 |
| information
covered by this subsection, knowingly makes a false | 26 |
| statement or fails to
disclose a material fact, with the intent |
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| to obtain the information for a
purpose not authorized by this | 2 |
| subsection, shall be guilty of a Class B
misdemeanor.
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| R. The Director may provide to any State or local child | 4 |
| support
agency, upon request and on a reimbursable basis, | 5 |
| information that might be
useful in locating an absent parent | 6 |
| or that parent's employer, establishing
paternity, or | 7 |
| establishing, modifying, or enforcing child support orders.
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| S. The Department shall make available to a State's | 9 |
| Attorney of this
State or a State's Attorney's investigator,
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| upon request, the current address or, if the current address is
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| unavailable, current employer information, if available, of a | 12 |
| victim of
a felony or a
witness to a felony or a person against | 13 |
| whom an arrest warrant is
outstanding.
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| T. The Director shall make available to the Department of | 15 |
| State Police or a county or municipal law enforcement agency , | 16 |
| upon request, any information concerning the place of | 17 |
| employment or former places of employment and place of | 18 |
| residency when the individual in question has or is presently | 19 |
| receiving benefits from the Department of Employment Security | 20 |
| of a person who is required to register as a sex offender under | 21 |
| the Sex Offender Registration Act that may be useful in | 22 |
| enforcing the registration provisions requiring a sex offender | 23 |
| to disclose his or her place of employment to the law | 24 |
| enforcement agency of the jurisdiction in which the sex | 25 |
| offender is employed.
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| U. Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under | 2 |
| the jurisdiction of the Governor has any authority to make or | 3 |
| promulgate rules to implement or enforce the provisions of this | 4 |
| amendatory Act of the 95th General Assembly. If, however, the | 5 |
| Governor believes that rules are necessary to implement or | 6 |
| enforce the provisions of this amendatory Act of the 95th | 7 |
| General Assembly, the Governor may suggest rules to the General | 8 |
| Assembly by filing them with the Clerk of the House and the | 9 |
| Secretary of the Senate and by requesting that the General | 10 |
| Assembly authorize such rulemaking by law, enact those | 11 |
| suggested rules into law, or take any other appropriate action | 12 |
| in the General Assembly's discretion. Nothing contained in this | 13 |
| amendatory Act of the 95th General Assembly shall be | 14 |
| interpreted to grant rulemaking authority under any other | 15 |
| Illinois statute where such authority is not otherwise | 16 |
| explicitly given. For the purposes of this Section, "rules" is | 17 |
| given the meaning contained in Section 1-70 of the Illinois | 18 |
| Administrative Procedure Act, and "agency" and "agency head" | 19 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 20 |
| the Illinois Administrative Procedure Act to the extent that | 21 |
| such definitions apply to agencies or agency heads under the | 22 |
| jurisdiction of the Governor. | 23 |
| (Source: P.A. 93-311, eff. 1-1-04; 93-721, eff. 1-1-05; 94-911, | 24 |
| eff. 6-23-06.)
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