Public Act 096-0420
Public Act 0420 96TH GENERAL ASSEMBLY
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Public Act 096-0420
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| SB0310 Enrolled |
LRB096 05813 WGH 15892 b |
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| AN ACT concerning employment.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Unemployment Insurance Act is amended by | changing Section 1900 as follows:
| (820 ILCS 405/1900) (from Ch. 48, par. 640)
| Sec. 1900. Disclosure of information.
| A. Except as provided in this Section, information obtained | from any
individual or employing unit during the administration | of this Act shall:
| 1. be confidential,
| 2. not be published or open to public inspection,
| 3. not be used in any court in any pending action or | proceeding,
| 4. not be admissible in evidence in any action or | proceeding other than
one arising out of this Act.
| B. No finding, determination, decision, ruling or order | (including
any finding of fact, statement or conclusion made | therein) issued pursuant
to this Act shall be admissible or | used in evidence in any action other than
one arising out of | this Act, nor shall it be binding or conclusive except
as | provided in this Act, nor shall it constitute res judicata, | regardless
of whether the actions were between the same or |
| related parties or involved
the same facts.
| C. Any officer or employee of this State, any officer or | employee of any
entity authorized to obtain information | pursuant to this Section, and any
agent of this State or of | such entity
who, except with authority of
the Director under | this Section, shall disclose information shall be guilty
of a | Class B misdemeanor and shall be disqualified from holding any
| appointment or employment by the State.
| D. An individual or his duly authorized agent may be | supplied with
information from records only to the extent | necessary for the proper
presentation of his claim for benefits | or with his existing or prospective
rights to benefits. | Discretion to disclose this information belongs
solely to the | Director and is not subject to a release or waiver by the
| individual.
Notwithstanding any other provision to the | contrary, an individual or his or
her duly authorized agent may | be supplied with a statement of the amount of
benefits paid to | the individual during the 18 months preceding the date of his
| or her request.
| E. An employing unit may be furnished with information, | only if deemed by
the Director as necessary to enable it to | fully discharge its obligations or
safeguard its rights under | the Act. Discretion to disclose this information
belongs solely | to the Director and is not subject to a release or waiver by | the
employing unit.
| F. The Director may furnish any information that he may |
| deem proper to
any public officer or public agency of this or | any other State or of the
federal government dealing with:
| 1. the administration of relief,
| 2. public assistance,
| 3. unemployment compensation,
| 4. a system of public employment offices,
| 5. wages and hours of employment, or
| 6. a public works program.
| The Director may make available to the Illinois Workers' | Compensation Commission
information regarding employers for | the purpose of verifying the insurance
coverage required under | the Workers' Compensation Act and Workers'
Occupational | Diseases Act.
| G. The Director may disclose information submitted by the | State or any
of its political subdivisions, municipal | corporations, instrumentalities,
or school or community | college districts, except for information which
specifically | identifies an individual claimant.
| H. The Director shall disclose only that information | required to be
disclosed under Section 303 of the Social | Security Act, as amended, including:
| 1. any information required to be given the United | States Department of
Labor under Section 303(a)(6); and
| 2. the making available upon request to any agency of | the United States
charged with the administration of public | works or assistance through
public employment, the name, |
| address, ordinary occupation and employment
status of each | recipient of unemployment compensation, and a statement of
| such recipient's right to further compensation under such | law as required
by Section 303(a)(7); and
| 3. records to make available to the Railroad Retirement | Board as
required by Section 303(c)(1); and
| 4. information that will assure reasonable cooperation | with every agency
of the United States charged with the | administration of any unemployment
compensation law as | required by Section 303(c)(2); and
| 5. information upon request and on a reimbursable basis | to the United
States Department of Agriculture and to any | State food stamp agency
concerning any information | required to be furnished by Section 303(d); and
| 6. any wage information upon request and on a | reimbursable basis
to any State or local child support | enforcement agency required by
Section 303(e); and
| 7. any information required under the income | eligibility and
verification system as required by Section | 303(f); and
| 8. information that might be useful in locating an | absent parent or that
parent's employer, establishing | paternity or establishing, modifying, or
enforcing child | support orders
for the purpose of a child support | enforcement program
under Title IV of the Social Security | Act upon the request of
and on a reimbursable basis to
the |
| public
agency administering the Federal Parent Locator | Service as required by
Section 303(h); and
| 9. information, upon request, to representatives of | any federal, State
or local governmental public housing | agency with respect to individuals who
have signed the | appropriate consent form approved by the Secretary of | Housing
and Urban Development and who are applying for or | participating in any housing
assistance program | administered by the United States Department of Housing and
| Urban Development as required by Section 303(i).
| I. The Director, upon the request of a public agency of | Illinois, of the
federal government or of any other state | charged with the investigation or
enforcement of Section 10-5 | of the Criminal Code of 1961 (or a similar
federal law or | similar law of another State), may furnish the public agency
| information regarding the individual specified in the request | as to:
| 1. the current or most recent home address of the | individual, and
| 2. the names and addresses of the individual's | employers.
| J. Nothing in this Section shall be deemed to interfere | with the
disclosure of certain records as provided for in | Section 1706 or with the
right to make available to the | Internal Revenue Service of the United
States Department of the | Treasury, or the Department of Revenue of the
State of |
| Illinois, information obtained under this Act.
| K. The Department shall make available to the Illinois | Student Assistance
Commission, upon request, information in | the possession of the Department that
may be necessary or | useful to the
Commission in the collection of defaulted or | delinquent student loans which
the Commission administers.
| L. The Department shall make available to the State | Employees'
Retirement System, the State Universities | Retirement System, and the
Teachers' Retirement System of the | State of Illinois, upon request,
information in the possession | of the Department that may be necessary or useful
to the System | for the purpose of determining whether any recipient of a
| disability benefit from the System is gainfully employed.
| M. This Section shall be applicable to the information | obtained in the
administration of the State employment service, | except that the Director
may publish or release general labor | market information and may furnish
information that he may deem | proper to an individual, public officer or
public agency of | this or any other State or the federal government (in
addition | to those public officers or public agencies specified in this
| Section) as he prescribes by Rule.
| N. The Director may require such safeguards as he deems | proper to insure
that information disclosed pursuant to this | Section is used only for the
purposes set forth in this | Section.
| O. (Blank).
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| P. Within 30 days after the effective date of this | amendatory Act of 1993
and annually thereafter, the Department | shall provide to the Department of
Financial Institutions a | list of individuals or entities that, for the most
recently | completed calendar year, report to the Department as paying | wages to
workers. The lists shall be deemed confidential and | may not be disclosed to
any other person.
| Q. The Director shall make available to an elected federal
| official the name and address of an individual or entity that | is located within
the jurisdiction from which the official was | elected and that, for the most
recently completed calendar | year, has reported to the Department as paying
wages to | workers, where the information will be used in connection with | the
official duties of the official and the official requests | the information in
writing, specifying the purposes for which | it will be used.
For purposes of this subsection, the use of | information in connection with the
official duties of an | official does not include use of the information in
connection | with the solicitation of contributions or expenditures, in | money or
in kind, to or on behalf of a candidate for public or | political office or a
political party or with respect to a | public question, as defined in Section 1-3
of the Election | Code, or in connection with any commercial solicitation. Any
| elected federal official who, in submitting a request for | information
covered by this subsection, knowingly makes a false | statement or fails to
disclose a material fact, with the intent |
| to obtain the information for a
purpose not authorized by this | subsection, shall be guilty of a Class B
misdemeanor.
| R. The Director may provide to any State or local child | support
agency, upon request and on a reimbursable basis, | information that might be
useful in locating an absent parent | or that parent's employer, establishing
paternity, or | establishing, modifying, or enforcing child support orders.
| S. The Department shall make available to a State's | Attorney of this
State or a State's Attorney's investigator,
| upon request, the current address or, if the current address is
| unavailable, current employer information, if available, of a | victim of
a felony or a
witness to a felony or a person against | whom an arrest warrant is
outstanding.
| T. The Director shall make available to the Department of | State Police, a county sheriff's office, or a municipal police | department, upon request, any information concerning the | current address and place of employment or former places of | employment of a person who is required to register as a sex | offender under the Sex Offender Registration Act that may be | useful in enforcing the registration provisions of that Act | requiring a sex offender to disclose his or her place of | employment to the law enforcement agency of the jurisdiction in | which the sex offender is employed.
| (Source: P.A. 93-311, eff. 1-1-04; 93-721, eff. 1-1-05; 94-911, | eff. 6-23-06.)
| Section 99. Effective date. This Act takes effect upon |
Effective Date: 8/13/2009
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