Full Text of HB2643 102nd General Assembly
HB2643enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Identity Protection Act is amended by | 5 | | changing Section 10 as follows: | 6 | | (5 ILCS 179/10)
| 7 | | Sec. 10. Prohibited activities. | 8 | | (a) Beginning July 1, 2010, no person or State or local | 9 | | government agency may do any of the following:
| 10 | | (1) Publicly post or publicly display in any manner an | 11 | | individual's social security number.
| 12 | | (2) Print an individual's social security number on | 13 | | any card required for the individual to access products or | 14 | | services provided by the person or entity.
| 15 | | (3) Require an individual to transmit his or her | 16 | | social security number over the Internet, unless the | 17 | | connection is secure or the social security number is | 18 | | encrypted.
| 19 | | (4) Print an individual's social security number on | 20 | | any materials that are mailed to the individual, through | 21 | | the U.S. Postal Service, any private mail service, | 22 | | electronic mail, or any similar method of delivery, unless | 23 | | State or federal law requires the social security number |
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| 1 | | to be on the document to be mailed. Notwithstanding any | 2 | | provision in this Section to the contrary, social security | 3 | | numbers may be included in applications and forms sent by | 4 | | mail, including, but not limited to, any material mailed | 5 | | in connection with the administration of the Unemployment | 6 | | Insurance Act pursuant to the limitations and requirements | 7 | | of that Act , any material mailed in connection with any | 8 | | tax administered by the Department of Revenue, and | 9 | | documents sent as part of an application or enrollment | 10 | | process or to establish, amend, or terminate an account, | 11 | | contract, or policy or to confirm the accuracy of the | 12 | | social security number. A social security number that may | 13 | | permissibly be mailed under this Section may not be | 14 | | printed, in whole or in part, on a postcard or other mailer | 15 | | that does not require an envelope or be visible on an | 16 | | envelope without the envelope having been opened.
| 17 | | (b) Except as otherwise provided in this Act, beginning | 18 | | July 1, 2010, no person or State or local government agency may | 19 | | do any of the following:
| 20 | | (1) Collect, use, or disclose a social security number | 21 | | from an individual, unless (i) required to do so under | 22 | | State or federal law, rules, or regulations, or the | 23 | | collection, use, or disclosure of the social security | 24 | | number is otherwise necessary for the performance of that | 25 | | agency's duties and responsibilities; (ii) the need and | 26 | | purpose for the social security number is documented |
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| 1 | | before collection of the social security number; and (iii) | 2 | | the social security number collected is relevant to the | 3 | | documented need and purpose.
| 4 | | (2) Require an individual to use his or her social | 5 | | security number to access an Internet website.
| 6 | | (3) Use the social security number for any purpose | 7 | | other than the purpose for which it was collected.
| 8 | | (c) The prohibitions in subsection (b) do not apply in the | 9 | | following circumstances:
| 10 | | (1) The disclosure of social security numbers to | 11 | | agents, employees, contractors, or subcontractors of a | 12 | | governmental entity or disclosure by a governmental entity | 13 | | to another governmental entity or its agents, employees, | 14 | | contractors, or subcontractors if disclosure is necessary | 15 | | in order for the entity to perform its duties and | 16 | | responsibilities; and, if disclosing to a contractor or | 17 | | subcontractor, prior to such disclosure, the governmental | 18 | | entity must first receive from the contractor or | 19 | | subcontractor a copy of the contractor's or | 20 | | subcontractor's policy that sets forth how the | 21 | | requirements imposed under this Act on a governmental | 22 | | entity to protect an individual's social security number | 23 | | will be achieved.
| 24 | | (2) The disclosure of social security numbers pursuant | 25 | | to a court order, warrant, or subpoena.
| 26 | | (3) The collection, use, or disclosure of social |
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| 1 | | security numbers in order to ensure the safety of: State | 2 | | and local government employees; persons committed to | 3 | | correctional facilities, local jails, and other | 4 | | law-enforcement facilities or retention centers; wards of | 5 | | the State; youth in care as defined in Section 4d of the | 6 | | Children and Family Services Act, and all persons working | 7 | | in or visiting a State or local government agency | 8 | | facility.
| 9 | | (4) The collection, use, or disclosure of social | 10 | | security numbers for internal verification or | 11 | | administrative purposes.
| 12 | | (5) The disclosure of social security numbers by a | 13 | | State agency to any entity for the collection of | 14 | | delinquent child support or of any State debt or to a | 15 | | governmental agency to assist with an investigation or the | 16 | | prevention of fraud.
| 17 | | (6) The collection or use of social security numbers | 18 | | to investigate or prevent fraud, to conduct background | 19 | | checks, to collect a debt, to obtain a credit report from a | 20 | | consumer reporting agency under the federal Fair Credit | 21 | | Reporting Act, to undertake any permissible purpose that | 22 | | is enumerated under the federal Gramm-Leach-Bliley Act, or | 23 | | to locate a missing person, a lost relative, or a person | 24 | | who is due a benefit, such as a pension benefit or an | 25 | | unclaimed property benefit.
| 26 | | (d) If any State or local government agency has adopted |
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| 1 | | standards for the collection, use, or disclosure of social | 2 | | security numbers that are stricter than the standards under | 3 | | this Act with respect to the protection of those social | 4 | | security numbers, then, in the event of any conflict with the | 5 | | provisions of this Act, the stricter standards adopted by the | 6 | | State or local government agency shall control.
| 7 | | (Source: P.A. 100-159, eff. 8-18-17.) | 8 | | Section 10. The Department of Employment Security Law of | 9 | | the
Civil Administrative Code of Illinois is amended by adding | 10 | | Section 1005-55 as follows: | 11 | | (20 ILCS 1005/1005-55 new) | 12 | | Sec. 1005-55. Social security numbers; disclosure | 13 | | prohibited. Except as required under State or federal law, the | 14 | | Department shall not disclose an individual's entire social | 15 | | security number in any correspondence physically mailed to an | 16 | | individual or entity. The Department shall develop a process | 17 | | that allows for identifying information other than an | 18 | | individual's entire social security number to be used in | 19 | | correspondence. This Section does not apply to electronic data | 20 | | sharing pursuant to a written agreement containing appropriate | 21 | | security and confidentiality provisions or to an individual's | 22 | | or entity's access to information in the individual's or | 23 | | entity's secure account in the Department's databases. |
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| 1 | | Section 15. The Unemployment Insurance Act is amended by | 2 | | changing Sections 612, 900, and 1900 as follows:
| 3 | | (820 ILCS 405/612) (from Ch. 48, par. 442)
| 4 | | Sec. 612. Academic personnel - ineligibility between | 5 | | academic years or
terms. | 6 | | A. Benefits based on wages for services which are | 7 | | employment under the
provisions
of Sections 211.1, 211.2, and | 8 | | 302C shall be payable in the same amount,
on the same terms, | 9 | | and subject to the same conditions as benefits payable
on the | 10 | | basis of wages for other services which are employment under | 11 | | this
Act; except that:
| 12 | | 1. An individual shall be ineligible for
benefits, on | 13 | | the basis of wages for employment in an instructional, | 14 | | research,
or principal administrative capacity performed | 15 | | for an institution of higher
education, for any week which | 16 | | begins during the period between two successive
academic | 17 | | years, or during a similar period between two regular | 18 | | terms, whether
or not successive, or during a period of | 19 | | paid sabbatical leave provided
for in the individual's | 20 | | contract, if the individual has a
contract or contracts to | 21 | | perform services in any such capacity for any
institution
| 22 | | or institutions of higher education for both such academic | 23 | | years or both such
terms.
| 24 | | This paragraph 1 shall apply with respect to any week | 25 | | which begins prior
to January 1, 1978.
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| 1 | | 2. An individual shall be ineligible for benefits, on | 2 | | the basis of wages
for service in employment in any | 3 | | capacity other than those referred to in
paragraph 1, | 4 | | performed for an institution of higher learning, for
any | 5 | | week which begins after September 30, 1983, during a | 6 | | period between
two successive academic years or terms, if | 7 | | the individual performed such
service in the first of such | 8 | | academic years or terms and there is a reasonable
| 9 | | assurance
that the individual will perform such service in | 10 | | the second of such academic
years or terms.
| 11 | | 3. An individual shall be ineligible for benefits, on | 12 | | the basis of
wages for service in employment in any | 13 | | capacity other than those referred
to in paragraph 1, | 14 | | performed for an institution of higher education, for
any | 15 | | week which begins after January 5, 1985, during an | 16 | | established and
customary vacation period or holiday | 17 | | recess, if the individual performed
such service in the | 18 | | period immediately before such vacation period or
holiday | 19 | | recess and there is a reasonable assurance that the | 20 | | individual will
perform such service in the period | 21 | | immediately following such vacation
period or holiday | 22 | | recess.
| 23 | | B. Benefits based on wages for services which are | 24 | | employment under the
provisions of Sections 211.1 and 211.2 | 25 | | shall be payable in the same amount,
on the same terms, and | 26 | | subject to the same conditions, as benefits payable
on the |
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| 1 | | basis
of wages for other services which are employment under | 2 | | this Act, except that:
| 3 | | 1. An individual shall be ineligible for benefits, on | 4 | | the basis of wages
for service in employment
in an | 5 | | instructional, research, or principal administrative | 6 | | capacity performed
for an educational institution, for any | 7 | | week which begins after December
31, 1977, during a period | 8 | | between two successive academic years, or during
a similar | 9 | | period between two regular terms, whether or not | 10 | | successive, or
during a period of paid sabbatical leave | 11 | | provided for in the individual's
contract, if the | 12 | | individual performed such service in the first of such
| 13 | | academic years (or terms) and if there is a contract or a | 14 | | reasonable assurance
that the individual will perform | 15 | | service in any such capacity for any
educational
| 16 | | institution in the second of such academic years (or | 17 | | terms).
| 18 | | 2. An individual shall be ineligible for benefits, on | 19 | | the basis of wages
for service in employment in any | 20 | | capacity other than those referred to in
paragraph 1, | 21 | | performed for an educational institution,
for any week | 22 | | which
begins after December 31, 1977, during a period | 23 | | between two successive academic
years or terms, if the | 24 | | individual performed such service in the first of
such | 25 | | academic years or terms and there is a reasonable | 26 | | assurance that the
individual will perform such service in |
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| 1 | | the second of such academic years or
terms.
| 2 | | 3. An individual shall be ineligible for benefits, on | 3 | | the basis of
wages for service in employment in any | 4 | | capacity performed for an
educational institution, for any | 5 | | week which begins after January 5, 1985,
during an | 6 | | established and customary vacation period or holiday | 7 | | recess, if
the individual performed such service in the | 8 | | period immediately before such
vacation period or holiday | 9 | | recess and there is a reasonable assurance that
the | 10 | | individual will perform such service in the period | 11 | | immediately
following such vacation period or holiday | 12 | | recess.
| 13 | | 4. An individual shall be ineligible for benefits on | 14 | | the basis of wages
for service in employment in any | 15 | | capacity performed in an educational
institution while in | 16 | | the employ of an educational service agency
for any week | 17 | | which begins after January 5, 1985, (a) during a period
| 18 | | between two successive academic years or terms, if the | 19 | | individual performed
such service in the first of such | 20 | | academic years or terms and there is
a reasonable | 21 | | assurance that the individual will perform such service in
| 22 | | the second of such academic years or terms; and (b) during | 23 | | an established
and customary vacation period or holiday | 24 | | recess, if the individual performed
such service in the | 25 | | period immediately before such vacation period or holiday
| 26 | | recess and there is a reasonable assurance that the |
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| 1 | | individual will perform
such service in the period | 2 | | immediately following such vacation period or
holiday | 3 | | recess.
The term "educational service agency" means a | 4 | | governmental agency or
governmental
entity which is | 5 | | established and operated exclusively for the purpose of
| 6 | | providing such services to one or more educational | 7 | | institutions.
| 8 | | C. 1. If benefits are denied to any individual under the | 9 | | provisions of
paragraph
2 of either subsection A or B of this | 10 | | Section for any week which begins
on or after September 3, 1982 | 11 | | and such individual is not offered a bona
fide opportunity to | 12 | | perform such services for the educational institution
for the | 13 | | second of such academic years or terms, such individual shall | 14 | | be
entitled to a retroactive payment of benefits for each week | 15 | | for which the
individual filed a timely claim for benefits as | 16 | | determined by the rules
and regulations issued by the Director | 17 | | for the filing of claims for benefits,
provided that such | 18 | | benefits were denied solely because of the provisions
of | 19 | | paragraph 2 of either subsection A or B of this Section.
| 20 | | 2. If benefits on the basis of wages for service in | 21 | | employment in
other than an instructional, research, or | 22 | | principal administrative capacity
performed in an educational | 23 | | institution while in the employ of an
educational service | 24 | | agency are denied to any individual under the
provisions of | 25 | | subparagraph (a) of paragraph 4 of subsection B and such
| 26 | | individual is not offered a bona fide opportunity to perform |
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| 1 | | such services
in an educational institution while in the | 2 | | employ of an educational service
agency for the second of such | 3 | | academic years or terms, such individual
shall be entitled to | 4 | | a retroactive payment of benefits for each week for
which the | 5 | | individual filed a timely claim for benefits as determined by | 6 | | the
rules and regulations issued by the Director for the | 7 | | filing of claims for
benefits, provided that such benefits | 8 | | were denied solely because
of subparagraph (a) of paragraph 4 | 9 | | of subsection B of this Section.
| 10 | | D. Notwithstanding any other provision in this Section or | 11 | | paragraph 2 of subsection C of Section 500 to the contrary, | 12 | | with respect to a week of unemployment beginning on or after | 13 | | March 15, 2020, and before September 4, 2021, (including any | 14 | | week of unemployment beginning on or after January 1, 2021 and | 15 | | on or before the effective date of this amendatory Act of the | 16 | | 102nd General Assembly) December 31, 2020 , benefits shall be | 17 | | payable to an individual on the basis of wages for employment | 18 | | in other than an instructional, research, or principal | 19 | | administrative capacity performed for an educational | 20 | | institution or an educational service agency under any of the | 21 | | circumstances described in this Section, to the extent | 22 | | permitted under Section 3304(a)(6) of the Federal Unemployment | 23 | | Tax Act, as long as the individual is otherwise eligible for | 24 | | benefits. | 25 | | (Source: P.A. 101-633, eff. 6-5-20.)
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| 1 | | (820 ILCS 405/900) (from Ch. 48, par. 490)
| 2 | | Sec. 900. Recoupment.) | 3 | | A. Whenever an individual has received any
sum as benefits | 4 | | for which he or she is found to have been ineligible, the | 5 | | individual must be provided written notice of his or her | 6 | | appeal rights, including the ability to request waiver of any | 7 | | recoupment ordered and the standard for such waiver to be | 8 | | granted. Thereafter, the
amount thereof may be recovered by | 9 | | suit in the name of the People of the
State of Illinois, or, | 10 | | from benefits payable to him, may be recouped:
| 11 | | 1. At any time, if, to receive such sum, he knowingly | 12 | | made a false
statement or knowingly failed to disclose a | 13 | | material fact.
| 14 | | 2. Within 3 years from any date prior to January 1,
| 15 | | 1984, on which he has been found to have been
ineligible | 16 | | for any other reason, pursuant to a reconsidered finding | 17 | | or a
reconsidered determination, or pursuant to the | 18 | | decision of a Referee
(or of the Director or his | 19 | | representative under Section 604) which modifies
or sets | 20 | | aside a finding or a reconsidered finding or a | 21 | | determination or
a reconsidered determination; or within 5 | 22 | | years from any date
after December 31, 1983, on which he | 23 | | has been
found to have been ineligible for
any other | 24 | | reason, pursuant to a reconsidered finding or a | 25 | | reconsidered
determination, or pursuant to the decision of | 26 | | a Referee (or of the Director
or his representative under |
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| 1 | | Section 604) which modifies or sets aside a
finding or a | 2 | | reconsidered finding or a determination or a reconsidered
| 3 | | determination. Recoupment pursuant to the provisions of
| 4 | | this paragraph from benefits payable to an individual for | 5 | | any week may be
waived upon the individual's request, if | 6 | | the sum referred to in paragraph
A was received by the | 7 | | individual without fault on his part and if such
| 8 | | recoupment would be against equity and good conscience. | 9 | | Such waiver may be
denied with respect to any subsequent | 10 | | week if, in that week, the facts and
circumstances upon | 11 | | which waiver was based no longer exist.
| 12 | | Recovery by suit in the name of the People of the State of | 13 | | Illinois, recoupment pursuant to paragraph 2 of this | 14 | | subsection A from benefits payable to an individual for any | 15 | | week, and, notwithstanding any provision to the contrary in | 16 | | the Illinois State Collection Act of 1986, withholding | 17 | | pursuant to subsection E shall be permanently waived if the | 18 | | sum referred to in this subsection A was received by the | 19 | | individual without fault on his or her part and if such | 20 | | recoupment would be against equity and good conscience, and | 21 | | the sum referred to in this subsection A was received by the | 22 | | individual on or after March 8, 2020, but prior to the last day | 23 | | of a disaster period established by the gubernatorial disaster | 24 | | proclamation in response to COVID-19, dated March 9, 2020, and | 25 | | any consecutive gubernatorial disaster proclamation in | 26 | | response to COVID-19. To be eligible for permanent waiver |
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| 1 | | under this paragraph, an individual must request a waiver | 2 | | pursuant to this paragraph within 45 days of the mailing date | 3 | | of the notice from the Department that the individual may | 4 | | request a waiver. A determination under this paragraph may be | 5 | | appealed to a Referee within the time limits prescribed by | 6 | | Section 800 for an appeal from a determination. Any such | 7 | | appeal, and any appeal from the Referee's decision thereon, | 8 | | shall be governed by the applicable provisions of Sections | 9 | | 801, 803, 804, and 805. This paragraph shall not apply with | 10 | | respect to benefits that are received pursuant to any program | 11 | | that the Department administers as an agent of the federal | 12 | | government and for which the individual is found to have been | 13 | | ineligible. | 14 | | B. Whenever the claims adjudicator referred to in Section | 15 | | 702
decides that any sum received by a claimant as benefits | 16 | | shall be
recouped, or denies recoupment waiver requested by | 17 | | the claimant, he shall
promptly notify the claimant of his | 18 | | decision and the
reasons therefor. The decision and the notice | 19 | | thereof shall state the
amount to be recouped, the weeks with | 20 | | respect to which such sum was
received by the claimant, and the | 21 | | time within which it may be recouped and,
as the case may be, | 22 | | the reasons for denial of recoupment waiver.
The claims | 23 | | adjudicator may reconsider his decision within one year after
| 24 | | the date when the decision was made. Such decision or | 25 | | reconsidered
decision may be appealed to a Referee within the | 26 | | time limits prescribed
by Section 800 for appeal from a |
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| 1 | | determination. Any such appeal, and
any appeal from the | 2 | | Referee's decision thereon, shall be governed by the
| 3 | | applicable provisions of Sections 801, 803, 804 and 805. No | 4 | | recoupment
shall be begun until the expiration of the time | 5 | | limits prescribed by
Section 800 of this Act or, if an appeal | 6 | | has been filed, until the
decision of a Referee has been made | 7 | | thereon affirming the decision of
the Claims Adjudicator.
| 8 | | C. Any sums recovered under the provisions of this Section | 9 | | shall be
treated as repayments to the Department of sums | 10 | | improperly obtained by the
claimant.
| 11 | | D. Whenever, by reason of a back pay award made by any | 12 | | governmental
agency or pursuant to arbitration proceedings, or | 13 | | by reason of a payment
of wages wrongfully withheld by an | 14 | | employing unit, an individual has
received wages for weeks | 15 | | with respect to which he has received benefits,
the amount of | 16 | | such benefits may be recouped or otherwise recovered as
herein | 17 | | provided. An employing unit making a back pay award to an
| 18 | | individual for weeks with respect to which the individual has | 19 | | received
benefits shall make the back pay award by check | 20 | | payable jointly to the
individual and to the Department.
| 21 | | E. The amount recouped pursuant to paragraph 2 of | 22 | | subsection A from
benefits payable to an individual for any | 23 | | week shall not exceed 25% of
the individual's weekly benefit | 24 | | amount.
| 25 | | In addition to the remedies provided by this Section, when | 26 | | an
individual has received any sum as benefits for which he is |
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| 1 | | found to be
ineligible, the Director may request the | 2 | | Comptroller to withhold such sum
in accordance with Section | 3 | | 10.05 of the State Comptroller Act and the Director may | 4 | | request the Secretary of the Treasury to withhold such sum to | 5 | | the extent allowed by and in accordance with Section 6402(f) | 6 | | of the federal Internal Revenue Code of 1986, as amended. | 7 | | Benefits
paid pursuant to this Act shall not be subject to such | 8 | | withholding. Where the Director requests withholding by the | 9 | | Secretary of the Treasury pursuant to this Section, in | 10 | | addition to the amount of benefits for which the individual | 11 | | has been found ineligible, the individual shall be liable for | 12 | | any legally authorized administrative fee assessed by the | 13 | | Secretary, with such fee to be added to the amount to be | 14 | | withheld by the Secretary.
| 15 | | (Source: P.A. 97-621, eff. 11-18-11; 97-791, eff. 1-1-13.)
| 16 | | (820 ILCS 405/1900) (from Ch. 48, par. 640)
| 17 | | Sec. 1900. Disclosure of information.
| 18 | | A. Except as provided in this Section, information | 19 | | obtained from any
individual or employing unit during the | 20 | | administration of this Act shall:
| 21 | | 1. be confidential,
| 22 | | 2. not be published or open to public inspection,
| 23 | | 3. not be used in any court in any pending action or | 24 | | proceeding,
| 25 | | 4. not be admissible in evidence in any action or |
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| 1 | | proceeding other than
one arising out of this Act.
| 2 | | B. No finding, determination, decision, ruling or order | 3 | | (including
any finding of fact, statement or conclusion made | 4 | | therein) issued pursuant
to this Act shall be admissible or | 5 | | used in evidence in any action other than
one arising out of | 6 | | this Act, nor shall it be binding or conclusive except
as | 7 | | provided in this Act, nor shall it constitute res judicata, | 8 | | regardless
of whether the actions were between the same or | 9 | | related parties or involved
the same facts.
| 10 | | C. Any officer or employee of this State, any officer or | 11 | | employee of any
entity authorized to obtain information | 12 | | pursuant to this Section, and any
agent of this State or of | 13 | | such entity
who, except with authority of
the Director under | 14 | | this Section or as authorized pursuant to subsection P-1 , | 15 | | shall disclose information shall be guilty
of a Class B | 16 | | misdemeanor and shall be disqualified from holding any
| 17 | | appointment or employment by the State.
| 18 | | D. An individual or his duly authorized agent may be | 19 | | supplied with
information from records only to the extent | 20 | | necessary for the proper
presentation of his claim for | 21 | | benefits or with his existing or prospective
rights to | 22 | | benefits. Discretion to disclose this information belongs
| 23 | | solely to the Director and is not subject to a release or | 24 | | waiver by the
individual.
Notwithstanding any other provision | 25 | | to the contrary, an individual or his or
her duly authorized | 26 | | agent may be supplied with a statement of the amount of
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| 1 | | benefits paid to the individual during the 18 months preceding | 2 | | the date of his
or her request.
| 3 | | E. An employing unit may be furnished with information, | 4 | | only if deemed by
the Director as necessary to enable it to | 5 | | fully discharge its obligations or
safeguard its rights under | 6 | | the Act. Discretion to disclose this information
belongs | 7 | | solely to the Director and is not subject to a release or | 8 | | waiver by the
employing unit.
| 9 | | F. The Director may furnish any information that he may | 10 | | deem proper to
any public officer or public agency of this or | 11 | | any other State or of the
federal government 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.
| 18 | | The Director may make available to the Illinois Workers' | 19 | | Compensation Commission
information regarding employers for | 20 | | the purpose of verifying the insurance
coverage required under | 21 | | the Workers' Compensation Act and Workers'
Occupational | 22 | | Diseases Act.
| 23 | | G. The Director may disclose information submitted by the | 24 | | State or any
of its political subdivisions, municipal | 25 | | corporations, instrumentalities,
or school or community | 26 | | college districts, except for information which
specifically |
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| 1 | | identifies an individual claimant.
| 2 | | H. The Director shall disclose only that information | 3 | | required to be
disclosed under Section 303 of the Social | 4 | | Security Act, as amended, including:
| 5 | | 1. any information required to be given the United | 6 | | States Department of
Labor under Section 303(a)(6); and
| 7 | | 2. the making available upon request to any agency of | 8 | | the United States
charged with the administration of | 9 | | public works or assistance through
public employment, the | 10 | | name, address, ordinary occupation and employment
status | 11 | | of each recipient of unemployment compensation, and a | 12 | | statement of
such recipient's right to further | 13 | | compensation under such law as required
by Section | 14 | | 303(a)(7); and
| 15 | | 3. records to make available to the Railroad | 16 | | Retirement Board as
required by Section 303(c)(1); and
| 17 | | 4. information that will assure reasonable cooperation | 18 | | with every agency
of the United States charged with the | 19 | | administration of any unemployment
compensation law as | 20 | | required by Section 303(c)(2); and
| 21 | | 5. information upon request and on a reimbursable | 22 | | basis to the United
States Department of Agriculture and | 23 | | to any State food stamp agency
concerning any information | 24 | | required to be furnished by Section 303(d); and
| 25 | | 6. any wage information upon request and on a | 26 | | reimbursable basis
to any State or local child support |
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| 1 | | enforcement agency required by
Section 303(e); and
| 2 | | 7. any information required under the income | 3 | | eligibility and
verification system as required by Section | 4 | | 303(f); and
| 5 | | 8. information that might be useful in locating an | 6 | | absent parent or that
parent's employer, establishing | 7 | | paternity or establishing, modifying, or
enforcing child | 8 | | support orders
for the purpose of a child support | 9 | | enforcement program
under Title IV of the Social Security | 10 | | Act upon the request of
and on a reimbursable basis to
the | 11 | | public
agency administering the Federal Parent Locator | 12 | | Service as required by
Section 303(h); and
| 13 | | 9. information, upon request, to representatives of | 14 | | any federal, State
or local governmental public housing | 15 | | agency with respect to individuals who
have signed the | 16 | | appropriate consent form approved by the Secretary of | 17 | | Housing
and Urban Development and who are applying for or | 18 | | participating in any housing
assistance program | 19 | | administered by the United States Department of Housing | 20 | | and
Urban Development as required by Section 303(i).
| 21 | | I. The Director, upon the request of a public agency of | 22 | | Illinois, of the
federal government or of any other state | 23 | | charged with the investigation or
enforcement of Section 10-5 | 24 | | of the Criminal Code of 2012 (or a similar
federal law or | 25 | | similar law of another State), may furnish the public agency
| 26 | | information regarding the individual specified in the request |
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| 1 | | as to:
| 2 | | 1. the current or most recent home address of the | 3 | | individual, and
| 4 | | 2. the names and addresses of the individual's | 5 | | employers.
| 6 | | J. Nothing in this Section shall be deemed to interfere | 7 | | with the
disclosure of certain records as provided for in | 8 | | Section 1706 or with the
right to make available to the | 9 | | Internal Revenue Service of the United
States Department of | 10 | | the Treasury, or the Department of Revenue of the
State of | 11 | | Illinois, information obtained under this Act. With respect to | 12 | | each benefit claim that appears to have been filed other than | 13 | | by the individual in whose name the claim was filed or by the | 14 | | individual's authorized agent and with respect to which | 15 | | benefits were paid during the prior calendar year, the | 16 | | Director shall annually report to the Department of Revenue | 17 | | information that is in the Director's possession and may | 18 | | assist in avoiding negative income tax consequences for the | 19 | | individual in whose name the claim was filed.
| 20 | | K. The Department shall make available to the Illinois | 21 | | Student Assistance
Commission, upon request, information in | 22 | | the possession of the Department that
may be necessary or | 23 | | useful to the
Commission in the collection of defaulted or | 24 | | delinquent student loans which
the Commission administers.
| 25 | | L. The Department shall make available to the State | 26 | | Employees'
Retirement System, the State Universities |
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| 1 | | Retirement System, the
Teachers' Retirement System of the | 2 | | State of Illinois, and the Department of Central Management | 3 | | Services, Risk Management Division, upon request,
information | 4 | | in the possession of the Department that may be necessary or | 5 | | useful
to the System or the Risk Management Division for the | 6 | | purpose of determining whether any recipient of a
disability | 7 | | benefit from the System or a workers' compensation benefit | 8 | | from the Risk Management Division is gainfully employed.
| 9 | | M. This Section shall be applicable to the information | 10 | | obtained in the
administration of the State employment | 11 | | service, except that the Director
may publish or release | 12 | | general labor market information and may furnish
information | 13 | | that he may deem proper to an individual, public officer or
| 14 | | public agency of this or any other State or the federal | 15 | | government (in
addition to those public officers or public | 16 | | agencies specified in this
Section) as he prescribes by Rule.
| 17 | | N. The Director may require such safeguards as he deems | 18 | | proper to insure
that information disclosed pursuant to this | 19 | | Section is used only for the
purposes set forth in this | 20 | | Section.
| 21 | | O. Nothing in this Section prohibits communication with an | 22 | | individual or entity through unencrypted e-mail or other | 23 | | unencrypted electronic means as long as the communication does | 24 | | not contain the individual's or entity's name in combination | 25 | | with any one or more of the individual's or entity's entire or | 26 | | partial social security number; driver's license or State |
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| 1 | | identification number; credit or debit card number; or any | 2 | | required security code, access code, or password that would | 3 | | permit access to further information pertaining to the | 4 | | individual or entity.
| 5 | | P. (Blank). | 6 | | P-1. With the express written consent of a claimant or
| 7 | | employing unit and an agreement not to publicly disclose, the | 8 | | Director shall provide requested information related to a | 9 | | claim
to an elected official performing constituent services | 10 | | or his or her agent.
| 11 | | Q. The Director shall make available to an elected federal
| 12 | | official the name and address of an individual or entity that | 13 | | is located within
the jurisdiction from which the official was | 14 | | elected and that, for the most
recently completed calendar | 15 | | year, has reported to the Department as paying
wages to | 16 | | workers, where the information will be used in connection with | 17 | | the
official duties of the official and the official requests | 18 | | the information in
writing, specifying the purposes for which | 19 | | it will be used.
For purposes of this subsection, the use of | 20 | | information in connection with the
official duties of an | 21 | | official does not include use of the information in
connection | 22 | | with the solicitation of contributions or expenditures, in | 23 | | money or
in kind, to or on behalf of a candidate for public or | 24 | | political office or a
political party or with respect to a | 25 | | public question, as defined in Section 1-3
of the Election | 26 | | Code, or in connection with any commercial solicitation. Any
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| 1 | | elected federal official who, in submitting a request for | 2 | | information
covered by this subsection, knowingly makes a | 3 | | false statement or fails to
disclose a material fact, with the | 4 | | intent to obtain the information for a
purpose not authorized | 5 | | by this subsection, shall be guilty of a Class B
misdemeanor.
| 6 | | R. The Director may provide to any State or local child | 7 | | support
agency, upon request and on a reimbursable basis, | 8 | | information that might be
useful in locating an absent parent | 9 | | or that parent's employer, establishing
paternity, or | 10 | | establishing, modifying, or enforcing child support orders.
| 11 | | S. The Department shall make available to a State's | 12 | | Attorney of this
State or a State's Attorney's investigator,
| 13 | | upon request, the current address or, if the current address | 14 | | is
unavailable, current employer information, if available, of | 15 | | a victim of
a felony or a
witness to a felony or a person | 16 | | against whom an arrest warrant is
outstanding.
| 17 | | T. The Director shall make available to the Department of | 18 | | State Police, a county sheriff's office, or a municipal police | 19 | | department, upon request, any information concerning the | 20 | | current address and place of employment or former places of | 21 | | employment of a person who is required to register as a sex | 22 | | offender under the Sex Offender Registration Act that may be | 23 | | useful in enforcing the registration provisions of that Act. | 24 | | U. The Director shall make information available to the | 25 | | Department of Healthcare and Family Services and the | 26 | | Department of Human Services for the purpose of determining |
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| 1 | | eligibility for public benefit programs authorized under the | 2 | | Illinois Public Aid Code and related statutes administered by | 3 | | those departments, for verifying sources and amounts of | 4 | | income, and for other purposes directly connected with the | 5 | | administration of those programs. | 6 | | V. The Director shall make information available to the | 7 | | State Board of Elections as may be required by an agreement the | 8 | | State Board of Elections has entered into with a multi-state | 9 | | voter registration list maintenance system. | 10 | | W. The Director shall make information available to the | 11 | | State Treasurer's office and the Department of Revenue for the | 12 | | purpose of facilitating compliance with the Illinois Secure | 13 | | Choice Savings Program Act, including employer contact | 14 | | information for employers with 25 or more employees and any | 15 | | other information the Director deems appropriate that is | 16 | | directly related to the administration of this program. | 17 | | X. The Director shall make information available, upon | 18 | | request, to the Illinois Student Assistance Commission for the | 19 | | purpose of determining eligibility for the adult vocational | 20 | | community college scholarship program under Section 65.105 of | 21 | | the Higher Education Student Assistance Act. | 22 | | Y. Except as required under State or federal law, or | 23 | | unless otherwise provided for in this Section, the Department | 24 | | shall not disclose an individual's entire social security | 25 | | number in any correspondence physically mailed to an | 26 | | individual or entity. |
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| 1 | | (Source: P.A. 100-484, eff. 9-8-17; 101-315, eff. 1-1-20 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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