Bill Amendment: IL HB2643 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL CURE-LOCAL GOVT FUNDING
Status: 2021-06-25 - Public Act . . . . . . . . . 102-0026 [HB2643 Detail]
Download: Illinois-2021-HB2643-Senate_Amendment_001.html
Bill Title: LOCAL CURE-LOCAL GOVT FUNDING
Status: 2021-06-25 - Public Act . . . . . . . . . 102-0026 [HB2643 Detail]
Download: Illinois-2021-HB2643-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2643
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2 | AMENDMENT NO. ______. Amend House Bill 2643 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Identity Protection Act is amended by | ||||||
5 | changing Section 10 as follows:
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6 | (5 ILCS 179/10)
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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:
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10 | (1) Publicly post or publicly display in any manner an | ||||||
11 | individual's social security number.
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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.
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15 | (3) Require an individual to transmit his or her | ||||||
16 | social security number over the Internet, unless the |
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1 | connection is secure or the social security number is | ||||||
2 | encrypted.
| ||||||
3 | (4) Print an individual's social security number on | ||||||
4 | any materials that are mailed to the individual, through | ||||||
5 | the U.S. Postal Service, any private mail service, | ||||||
6 | electronic mail, or any similar method of delivery, unless | ||||||
7 | State or federal law requires the social security number | ||||||
8 | to be on the document to be mailed. Notwithstanding any | ||||||
9 | provision in this Section to the contrary, social security | ||||||
10 | numbers may be included in applications and forms sent by | ||||||
11 | mail, including, but not limited to, any material mailed | ||||||
12 | in connection with the administration of the Unemployment | ||||||
13 | Insurance Act pursuant to the limitations and requirements | ||||||
14 | of that Act , any material mailed in connection with any | ||||||
15 | tax administered by the Department of Revenue, and | ||||||
16 | documents sent as part of an application or enrollment | ||||||
17 | process or to establish, amend, or terminate an account, | ||||||
18 | contract, or policy or to confirm the accuracy of the | ||||||
19 | social security number. A social security number that may | ||||||
20 | permissibly be mailed under this Section may not be | ||||||
21 | printed, in whole or in part, on a postcard or other mailer | ||||||
22 | that does not require an envelope or be visible on an | ||||||
23 | envelope without the envelope having been opened.
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24 | (b) Except as otherwise provided in this Act, beginning | ||||||
25 | July 1, 2010, no person or State or local government agency may | ||||||
26 | do any of the following:
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1 | (1) Collect, use, or disclose a social security number | ||||||
2 | from an individual, unless (i) required to do so under | ||||||
3 | State or federal law, rules, or regulations, or the | ||||||
4 | collection, use, or disclosure of the social security | ||||||
5 | number is otherwise necessary for the performance of that | ||||||
6 | agency's duties and responsibilities; (ii) the need and | ||||||
7 | purpose for the social security number is documented | ||||||
8 | before collection of the social security number; and (iii) | ||||||
9 | the social security number collected is relevant to the | ||||||
10 | documented need and purpose.
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11 | (2) Require an individual to use his or her social | ||||||
12 | security number to access an Internet website.
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13 | (3) Use the social security number for any purpose | ||||||
14 | other than the purpose for which it was collected.
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15 | (c) The prohibitions in subsection (b) do not apply in the | ||||||
16 | following circumstances:
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17 | (1) The disclosure of social security numbers to | ||||||
18 | agents, employees, contractors, or subcontractors of a | ||||||
19 | governmental entity or disclosure by a governmental entity | ||||||
20 | to another governmental entity or its agents, employees, | ||||||
21 | contractors, or subcontractors if disclosure is necessary | ||||||
22 | in order for the entity to perform its duties and | ||||||
23 | responsibilities; and, if disclosing to a contractor or | ||||||
24 | subcontractor, prior to such disclosure, the governmental | ||||||
25 | entity must first receive from the contractor or | ||||||
26 | subcontractor a copy of the contractor's or |
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1 | subcontractor's policy that sets forth how the | ||||||
2 | requirements imposed under this Act on a governmental | ||||||
3 | entity to protect an individual's social security number | ||||||
4 | will be achieved.
| ||||||
5 | (2) The disclosure of social security numbers pursuant | ||||||
6 | to a court order, warrant, or subpoena.
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7 | (3) The collection, use, or disclosure of social | ||||||
8 | security numbers in order to ensure the safety of: State | ||||||
9 | and local government employees; persons committed to | ||||||
10 | correctional facilities, local jails, and other | ||||||
11 | law-enforcement facilities or retention centers; wards of | ||||||
12 | the State; youth in care as defined in Section 4d of the | ||||||
13 | Children and Family Services Act, and all persons working | ||||||
14 | in or visiting a State or local government agency | ||||||
15 | facility.
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16 | (4) The collection, use, or disclosure of social | ||||||
17 | security numbers for internal verification or | ||||||
18 | administrative purposes.
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19 | (5) The disclosure of social security numbers by a | ||||||
20 | State agency to any entity for the collection of | ||||||
21 | delinquent child support or of any State debt or to a | ||||||
22 | governmental agency to assist with an investigation or the | ||||||
23 | prevention of fraud.
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24 | (6) The collection or use of social security numbers | ||||||
25 | to investigate or prevent fraud, to conduct background | ||||||
26 | checks, to collect a debt, to obtain a credit report from a |
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1 | consumer reporting agency under the federal Fair Credit | ||||||
2 | Reporting Act, to undertake any permissible purpose that | ||||||
3 | is enumerated under the federal Gramm-Leach-Bliley Act, or | ||||||
4 | to locate a missing person, a lost relative, or a person | ||||||
5 | who is due a benefit, such as a pension benefit or an | ||||||
6 | unclaimed property benefit.
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7 | (d) If any State or local government agency has adopted | ||||||
8 | standards for the collection, use, or disclosure of social | ||||||
9 | security numbers that are stricter than the standards under | ||||||
10 | this Act with respect to the protection of those social | ||||||
11 | security numbers, then, in the event of any conflict with the | ||||||
12 | provisions of this Act, the stricter standards adopted by the | ||||||
13 | State or local government agency shall control.
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14 | (Source: P.A. 100-159, eff. 8-18-17.)
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15 | Section 10. The Department of Employment Security Law of | ||||||
16 | the
Civil Administrative Code of Illinois is amended by adding | ||||||
17 | Section 1005-55 as follows:
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18 | (20 ILCS 1005/1005-55 new) | ||||||
19 | Sec. 1005-55. Social security numbers; disclosure | ||||||
20 | prohibited. Except as required under State or federal law, the | ||||||
21 | Department shall not disclose an individual's entire social | ||||||
22 | security number in any correspondence physically mailed to an | ||||||
23 | individual or entity. The Department shall develop a process | ||||||
24 | that allows for identifying information other than an |
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1 | individual's entire social security number to be used in | ||||||
2 | correspondence. This Section does not apply to electronic data | ||||||
3 | sharing pursuant to a written agreement containing appropriate | ||||||
4 | security and confidentiality provisions or to an individual's | ||||||
5 | or entity's access to information in the individual's or | ||||||
6 | entity's secure account in the Department's databases.
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7 | Section 15. The Unemployment Insurance Act is amended by | ||||||
8 | changing Sections 612, 900, and 1900 as follows:
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9 | (820 ILCS 405/612) (from Ch. 48, par. 442)
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10 | Sec. 612. Academic personnel - ineligibility between | ||||||
11 | academic years or
terms. | ||||||
12 | A. Benefits based on wages for services which are | ||||||
13 | employment under the
provisions
of Sections 211.1, 211.2, and | ||||||
14 | 302C shall be payable in the same amount,
on the same terms, | ||||||
15 | and subject to the same conditions as benefits payable
on the | ||||||
16 | basis of wages for other services which are employment under | ||||||
17 | this
Act; except that:
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18 | 1. An individual shall be ineligible for
benefits, on | ||||||
19 | the basis of wages for employment in an instructional, | ||||||
20 | research,
or principal administrative capacity performed | ||||||
21 | for an institution of higher
education, for any week which | ||||||
22 | begins during the period between two successive
academic | ||||||
23 | years, or during a similar period between two regular | ||||||
24 | terms, whether
or not successive, or during a period of |
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1 | paid sabbatical leave provided
for in the individual's | ||||||
2 | contract, if the individual has a
contract or contracts to | ||||||
3 | perform services in any such capacity for any
institution
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4 | or institutions of higher education for both such academic | ||||||
5 | years or both such
terms.
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6 | This paragraph 1 shall apply with respect to any week | ||||||
7 | which begins prior
to January 1, 1978.
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8 | 2. An individual shall be ineligible for benefits, on | ||||||
9 | the basis of wages
for service in employment in any | ||||||
10 | capacity other than those referred to in
paragraph 1, | ||||||
11 | performed for an institution of higher learning, for
any | ||||||
12 | week which begins after September 30, 1983, during a | ||||||
13 | period between
two successive academic years or terms, if | ||||||
14 | the individual performed such
service in the first of such | ||||||
15 | academic years or terms and there is a reasonable
| ||||||
16 | assurance
that the individual will perform such service in | ||||||
17 | the second of such academic
years or terms.
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18 | 3. 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 institution of higher education, for
any | ||||||
22 | week which begins after January 5, 1985, during an | ||||||
23 | 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.
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4 | B. Benefits based on wages for services which are | ||||||
5 | employment under the
provisions of Sections 211.1 and 211.2 | ||||||
6 | shall be payable in the same amount,
on the same terms, and | ||||||
7 | subject to the same conditions, as benefits payable
on the | ||||||
8 | basis
of wages for other services which are employment under | ||||||
9 | this Act, except that:
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10 | 1. An individual shall be ineligible for benefits, on | ||||||
11 | the basis of wages
for service in employment
in an | ||||||
12 | instructional, research, or principal administrative | ||||||
13 | capacity performed
for an educational institution, for any | ||||||
14 | week which begins after December
31, 1977, during a period | ||||||
15 | between two successive academic years, or during
a similar | ||||||
16 | period between two regular terms, whether or not | ||||||
17 | successive, or
during a period of paid sabbatical leave | ||||||
18 | provided for in the individual's
contract, if the | ||||||
19 | individual performed such service in the first of such
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20 | academic years (or terms) and if there is a contract or a | ||||||
21 | reasonable assurance
that the individual will perform | ||||||
22 | service in any such capacity for any
educational
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23 | institution in the second of such academic years (or | ||||||
24 | terms).
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25 | 2. An individual shall be ineligible for benefits, on | ||||||
26 | the basis of wages
for service in employment in any |
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1 | capacity other than those referred to in
paragraph 1, | ||||||
2 | performed for an educational institution,
for any week | ||||||
3 | which
begins after December 31, 1977, during a period | ||||||
4 | between two successive academic
years or terms, if the | ||||||
5 | individual performed such service in the first of
such | ||||||
6 | academic years or terms and there is a reasonable | ||||||
7 | assurance that the
individual will perform such service in | ||||||
8 | the second of such academic years or
terms.
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9 | 3. An individual shall be ineligible for benefits, on | ||||||
10 | the basis of
wages for service in employment in any | ||||||
11 | capacity performed for an
educational institution, for any | ||||||
12 | week which begins after January 5, 1985,
during an | ||||||
13 | established and customary vacation period or holiday | ||||||
14 | recess, if
the individual performed such service in the | ||||||
15 | period immediately before such
vacation period or holiday | ||||||
16 | recess and there is a reasonable assurance that
the | ||||||
17 | individual will perform such service in the period | ||||||
18 | immediately
following such vacation period or holiday | ||||||
19 | recess.
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20 | 4. An individual shall be ineligible for benefits on | ||||||
21 | the basis of wages
for service in employment in any | ||||||
22 | capacity performed in an educational
institution while in | ||||||
23 | the employ of an educational service agency
for any week | ||||||
24 | which begins after January 5, 1985, (a) during a period
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25 | between two successive academic years or terms, if the | ||||||
26 | individual performed
such service in the first of such |
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1 | academic years or terms and there is
a reasonable | ||||||
2 | assurance that the individual will perform such service in
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3 | the second of such academic years or terms; and (b) during | ||||||
4 | an established
and customary vacation period or holiday | ||||||
5 | recess, if the individual performed
such service in the | ||||||
6 | period immediately before such vacation period or holiday
| ||||||
7 | recess and there is a reasonable assurance that the | ||||||
8 | individual will perform
such service in the period | ||||||
9 | immediately following such vacation period or
holiday | ||||||
10 | recess.
The term "educational service agency" means a | ||||||
11 | governmental agency or
governmental
entity which is | ||||||
12 | established and operated exclusively for the purpose of
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13 | providing such services to one or more educational | ||||||
14 | institutions.
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15 | C. 1. If benefits are denied to any individual under the | ||||||
16 | provisions of
paragraph
2 of either subsection A or B of this | ||||||
17 | Section for any week which begins
on or after September 3, 1982 | ||||||
18 | and such individual is not offered a bona
fide opportunity to | ||||||
19 | perform such services for the educational institution
for the | ||||||
20 | second of such academic years or terms, such individual shall | ||||||
21 | be
entitled to a retroactive payment of benefits for each week | ||||||
22 | for which the
individual filed a timely claim for benefits as | ||||||
23 | determined by the rules
and regulations issued by the Director | ||||||
24 | for the filing of claims for benefits,
provided that such | ||||||
25 | benefits were denied solely because of the provisions
of | ||||||
26 | paragraph 2 of either subsection A or B of this Section.
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1 | 2. If benefits on the basis of wages for service in | ||||||
2 | employment in
other than an instructional, research, or | ||||||
3 | principal administrative capacity
performed in an educational | ||||||
4 | institution while in the employ of an
educational service | ||||||
5 | agency are denied to any individual under the
provisions of | ||||||
6 | subparagraph (a) of paragraph 4 of subsection B and such
| ||||||
7 | individual is not offered a bona fide opportunity to perform | ||||||
8 | such services
in an educational institution while in the | ||||||
9 | employ of an educational service
agency for the second of such | ||||||
10 | academic years or terms, such individual
shall be entitled to | ||||||
11 | a retroactive payment of benefits for each week for
which the | ||||||
12 | individual filed a timely claim for benefits as determined by | ||||||
13 | the
rules and regulations issued by the Director for the | ||||||
14 | filing of claims for
benefits, provided that such benefits | ||||||
15 | were denied solely because
of subparagraph (a) of paragraph 4 | ||||||
16 | of subsection B of this Section.
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17 | D. Notwithstanding any other provision in this Section or | ||||||
18 | paragraph 2 of subsection C of Section 500 to the contrary, | ||||||
19 | with respect to a week of unemployment beginning on or after | ||||||
20 | March 15, 2020, and before September 4, 2021, (including any | ||||||
21 | week of unemployment beginning on or after January 1, 2021 and | ||||||
22 | on or before the effective date of this amendatory Act of the | ||||||
23 | 102nd General Assembly) December 31, 2020 , benefits shall be | ||||||
24 | payable to an individual on the basis of wages for employment | ||||||
25 | in other than an instructional, research, or principal | ||||||
26 | administrative capacity performed for an educational |
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1 | institution or an educational service agency under any of the | ||||||
2 | circumstances described in this Section, to the extent | ||||||
3 | permitted under Section 3304(a)(6) of the Federal Unemployment | ||||||
4 | Tax Act, as long as the individual is otherwise eligible for | ||||||
5 | benefits. | ||||||
6 | (Source: P.A. 101-633, eff. 6-5-20.)
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7 | (820 ILCS 405/900) (from Ch. 48, par. 490)
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8 | Sec. 900. Recoupment.) | ||||||
9 | A. Whenever an individual has received any
sum as benefits | ||||||
10 | for which he or she is found to have been ineligible, the | ||||||
11 | individual must be provided written notice of his or her | ||||||
12 | appeal rights, including the ability to request waiver of any | ||||||
13 | recoupment ordered and the standard for such waiver to be | ||||||
14 | granted. Thereafter, the
amount thereof may be recovered by | ||||||
15 | suit in the name of the People of the
State of Illinois, or, | ||||||
16 | from benefits payable to him, may be recouped:
| ||||||
17 | 1. At any time, if, to receive such sum, he knowingly | ||||||
18 | made a false
statement or knowingly failed to disclose a | ||||||
19 | material fact.
| ||||||
20 | 2. Within 3 years from any date prior to January 1,
| ||||||
21 | 1984, on which he has been found to have been
ineligible | ||||||
22 | for any other reason, pursuant to a reconsidered finding | ||||||
23 | or a
reconsidered determination, or pursuant to the | ||||||
24 | decision of a Referee
(or of the Director or his | ||||||
25 | representative under Section 604) which modifies
or sets |
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| |||||||
1 | aside a finding or a reconsidered finding or a | ||||||
2 | determination or
a reconsidered determination; or within 5 | ||||||
3 | years from any date
after December 31, 1983, on which he | ||||||
4 | has been
found to have been ineligible for
any other | ||||||
5 | reason, pursuant to a reconsidered finding or a | ||||||
6 | reconsidered
determination, or pursuant to the decision of | ||||||
7 | a Referee (or of the Director
or his representative under | ||||||
8 | Section 604) which modifies or sets aside a
finding or a | ||||||
9 | reconsidered finding or a determination or a reconsidered
| ||||||
10 | determination. Recoupment pursuant to the provisions of
| ||||||
11 | this paragraph from benefits payable to an individual for | ||||||
12 | any week may be
waived upon the individual's request, if | ||||||
13 | the sum referred to in paragraph
A was received by the | ||||||
14 | individual without fault on his part and if such
| ||||||
15 | recoupment would be against equity and good conscience. | ||||||
16 | Such waiver may be
denied with respect to any subsequent | ||||||
17 | week if, in that week, the facts and
circumstances upon | ||||||
18 | which waiver was based no longer exist.
| ||||||
19 | Recovery by suit in the name of the People of the State of | ||||||
20 | Illinois, recoupment pursuant to paragraph 2 of this | ||||||
21 | subsection A from benefits payable to an individual for any | ||||||
22 | week, and, notwithstanding any provision to the contrary in | ||||||
23 | the Illinois State Collection Act of 1986, withholding | ||||||
24 | pursuant to subsection E shall be permanently waived if the | ||||||
25 | sum referred to in this subsection A was received by the | ||||||
26 | individual without fault on his or her part and if such |
| |||||||
| |||||||
1 | recoupment would be against equity and good conscience, and | ||||||
2 | the sum referred to in this subsection A was received by the | ||||||
3 | individual on or after March 8, 2020, but prior to the last day | ||||||
4 | of a disaster period established by the gubernatorial disaster | ||||||
5 | proclamation in response to COVID-19, dated March 9, 2020, and | ||||||
6 | any consecutive gubernatorial disaster proclamation in | ||||||
7 | response to COVID-19. To be eligible for permanent waiver | ||||||
8 | under this paragraph, an individual must request a waiver | ||||||
9 | pursuant to this paragraph within 45 days of the mailing date | ||||||
10 | of the notice from the Department that the individual may | ||||||
11 | request a waiver. A determination under this paragraph may be | ||||||
12 | appealed to a Referee within the time limits prescribed by | ||||||
13 | Section 800 for an appeal from a determination. Any such | ||||||
14 | appeal, and any appeal from the Referee's decision thereon, | ||||||
15 | shall be governed by the applicable provisions of Sections | ||||||
16 | 801, 803, 804, and 805. This paragraph shall not apply with | ||||||
17 | respect to benefits that are received pursuant to any program | ||||||
18 | that the Department administers as an agent of the federal | ||||||
19 | government and for which the individual is found to have been | ||||||
20 | ineligible. | ||||||
21 | B. Whenever the claims adjudicator referred to in Section | ||||||
22 | 702
decides that any sum received by a claimant as benefits | ||||||
23 | shall be
recouped, or denies recoupment waiver requested by | ||||||
24 | the claimant, he shall
promptly notify the claimant of his | ||||||
25 | decision and the
reasons therefor. The decision and the notice | ||||||
26 | thereof shall state the
amount to be recouped, the weeks with |
| |||||||
| |||||||
1 | respect to which such sum was
received by the claimant, and the | ||||||
2 | time within which it may be recouped and,
as the case may be, | ||||||
3 | the reasons for denial of recoupment waiver.
The claims | ||||||
4 | adjudicator may reconsider his decision within one year after
| ||||||
5 | the date when the decision was made. Such decision or | ||||||
6 | reconsidered
decision may be appealed to a Referee within the | ||||||
7 | time limits prescribed
by Section 800 for appeal from a | ||||||
8 | determination. Any such appeal, and
any appeal from the | ||||||
9 | Referee's decision thereon, shall be governed by the
| ||||||
10 | applicable provisions of Sections 801, 803, 804 and 805. No | ||||||
11 | recoupment
shall be begun until the expiration of the time | ||||||
12 | limits prescribed by
Section 800 of this Act or, if an appeal | ||||||
13 | has been filed, until the
decision of a Referee has been made | ||||||
14 | thereon affirming the decision of
the Claims Adjudicator.
| ||||||
15 | C. Any sums recovered under the provisions of this Section | ||||||
16 | shall be
treated as repayments to the Department of sums | ||||||
17 | improperly obtained by the
claimant.
| ||||||
18 | D. Whenever, by reason of a back pay award made by any | ||||||
19 | governmental
agency or pursuant to arbitration proceedings, or | ||||||
20 | by reason of a payment
of wages wrongfully withheld by an | ||||||
21 | employing unit, an individual has
received wages for weeks | ||||||
22 | with respect to which he has received benefits,
the amount of | ||||||
23 | such benefits may be recouped or otherwise recovered as
herein | ||||||
24 | provided. An employing unit making a back pay award to an
| ||||||
25 | individual for weeks with respect to which the individual has | ||||||
26 | received
benefits shall make the back pay award by check |
| |||||||
| |||||||
1 | payable jointly to the
individual and to the Department.
| ||||||
2 | E. The amount recouped pursuant to paragraph 2 of | ||||||
3 | subsection A from
benefits payable to an individual for any | ||||||
4 | week shall not exceed 25% of
the individual's weekly benefit | ||||||
5 | amount.
| ||||||
6 | In addition to the remedies provided by this Section, when | ||||||
7 | an
individual has received any sum as benefits for which he is | ||||||
8 | found to be
ineligible, the Director may request the | ||||||
9 | Comptroller to withhold such sum
in accordance with Section | ||||||
10 | 10.05 of the State Comptroller Act and the Director may | ||||||
11 | request the Secretary of the Treasury to withhold such sum to | ||||||
12 | the extent allowed by and in accordance with Section 6402(f) | ||||||
13 | of the federal Internal Revenue Code of 1986, as amended. | ||||||
14 | Benefits
paid pursuant to this Act shall not be subject to such | ||||||
15 | withholding. Where the Director requests withholding by the | ||||||
16 | Secretary of the Treasury pursuant to this Section, in | ||||||
17 | addition to the amount of benefits for which the individual | ||||||
18 | has been found ineligible, the individual shall be liable for | ||||||
19 | any legally authorized administrative fee assessed by the | ||||||
20 | Secretary, with such fee to be added to the amount to be | ||||||
21 | withheld by the Secretary.
| ||||||
22 | (Source: P.A. 97-621, eff. 11-18-11; 97-791, eff. 1-1-13.)
| ||||||
23 | (820 ILCS 405/1900) (from Ch. 48, par. 640)
| ||||||
24 | Sec. 1900. Disclosure of information.
| ||||||
25 | A. Except as provided in this Section, information |
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1 | obtained from any
individual or employing unit during the | ||||||
2 | administration of this Act shall:
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3 | 1. be confidential,
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4 | 2. not be published or open to public inspection,
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5 | 3. not be used in any court in any pending action or | ||||||
6 | proceeding,
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7 | 4. not be admissible in evidence in any action or | ||||||
8 | proceeding other than
one arising out of this Act.
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9 | B. No finding, determination, decision, ruling or order | ||||||
10 | (including
any finding of fact, statement or conclusion made | ||||||
11 | therein) issued pursuant
to this Act shall be admissible or | ||||||
12 | used in evidence in any action other than
one arising out of | ||||||
13 | this Act, nor shall it be binding or conclusive except
as | ||||||
14 | provided in this Act, nor shall it constitute res judicata, | ||||||
15 | regardless
of whether the actions were between the same or | ||||||
16 | related parties or involved
the same facts.
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17 | C. Any officer or employee of this State, any officer or | ||||||
18 | employee of any
entity authorized to obtain information | ||||||
19 | pursuant to this Section, and any
agent of this State or of | ||||||
20 | such entity
who, except with authority of
the Director under | ||||||
21 | this Section or as authorized pursuant to subsection P-1 , | ||||||
22 | shall disclose information shall be guilty
of a Class B | ||||||
23 | misdemeanor and shall be disqualified from holding any
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24 | appointment or employment by the State.
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25 | D. An individual or his duly authorized agent may be | ||||||
26 | supplied with
information from records only to the extent |
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1 | necessary for the proper
presentation of his claim for | ||||||
2 | benefits or with his existing or prospective
rights to | ||||||
3 | benefits. Discretion to disclose this information belongs
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4 | solely to the Director and is not subject to a release or | ||||||
5 | waiver by the
individual.
Notwithstanding any other provision | ||||||
6 | to the contrary, an individual or his or
her duly authorized | ||||||
7 | agent may be supplied with a statement of the amount of
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8 | benefits paid to the individual during the 18 months preceding | ||||||
9 | the date of his
or her request.
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10 | E. An employing unit may be furnished with information, | ||||||
11 | only if deemed by
the Director as necessary to enable it to | ||||||
12 | fully discharge its obligations or
safeguard its rights under | ||||||
13 | the Act. Discretion to disclose this information
belongs | ||||||
14 | solely to the Director and is not subject to a release or | ||||||
15 | waiver by the
employing unit.
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16 | F. The Director may furnish any information that he may | ||||||
17 | deem proper to
any public officer or public agency of this or | ||||||
18 | any other State or of the
federal government dealing with:
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19 | 1. the administration of relief,
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20 | 2. public assistance,
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21 | 3. unemployment compensation,
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22 | 4. a system of public employment offices,
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23 | 5. wages and hours of employment, or
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24 | 6. a public works program.
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25 | The Director may make available to the Illinois Workers' | ||||||
26 | Compensation Commission
information regarding employers for |
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1 | the purpose of verifying the insurance
coverage required under | ||||||
2 | the Workers' Compensation Act and Workers'
Occupational | ||||||
3 | Diseases Act.
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4 | G. The Director may disclose information submitted by the | ||||||
5 | State or any
of its political subdivisions, municipal | ||||||
6 | corporations, instrumentalities,
or school or community | ||||||
7 | college districts, except for information which
specifically | ||||||
8 | identifies an individual claimant.
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9 | H. The Director shall disclose only that information | ||||||
10 | required to be
disclosed under Section 303 of the Social | ||||||
11 | Security Act, as amended, including:
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12 | 1. any information required to be given the United | ||||||
13 | States Department of
Labor under Section 303(a)(6); and
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14 | 2. the making available upon request to any agency of | ||||||
15 | the United States
charged with the administration of | ||||||
16 | public works or assistance through
public employment, the | ||||||
17 | name, address, ordinary occupation and employment
status | ||||||
18 | of each recipient of unemployment compensation, and a | ||||||
19 | statement of
such recipient's right to further | ||||||
20 | compensation under such law as required
by Section | ||||||
21 | 303(a)(7); and
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22 | 3. records to make available to the Railroad | ||||||
23 | Retirement Board as
required by Section 303(c)(1); and
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24 | 4. information that will assure reasonable cooperation | ||||||
25 | with every agency
of the United States charged with the | ||||||
26 | administration of any unemployment
compensation law as |
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1 | required by Section 303(c)(2); and
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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
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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
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9 | 7. any information required under the income | ||||||
10 | eligibility and
verification system as required by Section | ||||||
11 | 303(f); and
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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
the | ||||||
18 | public
agency administering the Federal Parent Locator | ||||||
19 | Service as required by
Section 303(h); and
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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 |
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1 | and
Urban Development as required by Section 303(i).
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2 | I. The Director, upon the request of a public agency of | ||||||
3 | Illinois, of the
federal government or of any other state | ||||||
4 | charged with the investigation or
enforcement of Section 10-5 | ||||||
5 | of the Criminal Code of 2012 (or a similar
federal law or | ||||||
6 | similar law of another State), may furnish the public agency
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7 | information regarding the individual specified in the request | ||||||
8 | as to:
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9 | 1. the current or most recent home address of the | ||||||
10 | individual, and
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11 | 2. the names and addresses of the individual's | ||||||
12 | employers.
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13 | J. Nothing in this Section shall be deemed to interfere | ||||||
14 | with the
disclosure of certain records as provided for in | ||||||
15 | Section 1706 or with the
right to make available to the | ||||||
16 | Internal Revenue Service of the United
States Department of | ||||||
17 | the Treasury, or the Department of Revenue of the
State of | ||||||
18 | Illinois, information obtained under this Act. With respect to | ||||||
19 | each benefit claim that appears to have been filed other than | ||||||
20 | by the individual in whose name the claim was filed or by the | ||||||
21 | individual's authorized agent and with respect to which | ||||||
22 | benefits were paid during the prior calendar year, the | ||||||
23 | Director shall annually report to the Department of Revenue | ||||||
24 | information that is in the Director's possession and may | ||||||
25 | assist in avoiding negative income tax consequences for the | ||||||
26 | individual in whose name the claim was filed.
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1 | K. The Department shall make available to the Illinois | ||||||
2 | Student Assistance
Commission, upon request, information in | ||||||
3 | the possession of the Department that
may be necessary or | ||||||
4 | useful to the
Commission in the collection of defaulted or | ||||||
5 | delinquent student loans which
the Commission administers.
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6 | L. The Department shall make available to the State | ||||||
7 | Employees'
Retirement System, the State Universities | ||||||
8 | Retirement System, the
Teachers' Retirement System of the | ||||||
9 | State of Illinois, and the Department of Central Management | ||||||
10 | Services, Risk Management Division, upon request,
information | ||||||
11 | in the possession of the Department that may be necessary or | ||||||
12 | useful
to the System or the Risk Management Division for the | ||||||
13 | purpose of determining whether any recipient of a
disability | ||||||
14 | benefit from the System or a workers' compensation benefit | ||||||
15 | from the Risk Management Division is gainfully employed.
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16 | M. This Section shall be applicable to the information | ||||||
17 | obtained in the
administration of the State employment | ||||||
18 | service, except that the Director
may publish or release | ||||||
19 | general labor market information and may furnish
information | ||||||
20 | that he may deem proper to an individual, public officer or
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21 | public agency of this or any other State or the federal | ||||||
22 | government (in
addition to those public officers or public | ||||||
23 | agencies specified in this
Section) as he prescribes by Rule.
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24 | N. The Director may require such safeguards as he deems | ||||||
25 | proper to insure
that information disclosed pursuant to this | ||||||
26 | Section is used only for the
purposes set forth in this |
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| |||||||
1 | Section.
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2 | O. Nothing in this Section prohibits communication with an | ||||||
3 | individual or entity through unencrypted e-mail or other | ||||||
4 | unencrypted electronic means as long as the communication does | ||||||
5 | not contain the individual's or entity's name in combination | ||||||
6 | with any one or more of the individual's or entity's entire or | ||||||
7 | partial social security number; driver's license or State | ||||||
8 | identification number; credit or debit card number; or any | ||||||
9 | required security code, access code, or password that would | ||||||
10 | permit access to further information pertaining to the | ||||||
11 | individual or entity.
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12 | P. (Blank). | ||||||
13 | P-1. With the express written consent of a claimant or
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14 | employing unit and an agreement not to publicly disclose, the | ||||||
15 | Director shall provide requested information related to a | ||||||
16 | claim
to an elected official performing constituent services | ||||||
17 | or his or her agent.
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18 | Q. The Director shall make available to an elected federal
| ||||||
19 | official the name and address of an individual or entity that | ||||||
20 | is located within
the jurisdiction from which the official was | ||||||
21 | elected and that, for the most
recently completed calendar | ||||||
22 | year, has reported to the Department as paying
wages to | ||||||
23 | workers, where the information will be used in connection with | ||||||
24 | the
official duties of the official and the official requests | ||||||
25 | the information in
writing, specifying the purposes for which | ||||||
26 | it will be used.
For purposes of this subsection, the use of |
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1 | information in connection with the
official duties of an | ||||||
2 | official does not include use of the information in
connection | ||||||
3 | with the solicitation of contributions or expenditures, in | ||||||
4 | money or
in kind, to or on behalf of a candidate for public or | ||||||
5 | political office or a
political party or with respect to a | ||||||
6 | public question, as defined in Section 1-3
of the Election | ||||||
7 | Code, or in connection with any commercial solicitation. Any
| ||||||
8 | elected federal official who, in submitting a request for | ||||||
9 | information
covered by this subsection, knowingly makes a | ||||||
10 | false statement or fails to
disclose a material fact, with the | ||||||
11 | intent to obtain the information for a
purpose not authorized | ||||||
12 | by this subsection, shall be guilty of a Class B
misdemeanor.
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13 | R. The Director may provide to any State or local child | ||||||
14 | support
agency, upon request and on a reimbursable basis, | ||||||
15 | information that might be
useful in locating an absent parent | ||||||
16 | or that parent's employer, establishing
paternity, or | ||||||
17 | establishing, modifying, or enforcing child support orders.
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18 | S. The Department shall make available to a State's | ||||||
19 | Attorney of this
State or a State's Attorney's investigator,
| ||||||
20 | upon request, the current address or, if the current address | ||||||
21 | is
unavailable, current employer information, if available, of | ||||||
22 | a victim of
a felony or a
witness to a felony or a person | ||||||
23 | against whom an arrest warrant is
outstanding.
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24 | T. The Director shall make available to the Department of | ||||||
25 | State Police, a county sheriff's office, or a municipal police | ||||||
26 | department, upon request, any information concerning the |
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| |||||||
1 | current address and place of employment or former places of | ||||||
2 | employment of a person who is required to register as a sex | ||||||
3 | offender under the Sex Offender Registration Act that may be | ||||||
4 | useful in enforcing the registration provisions of that Act. | ||||||
5 | U. The Director shall make information available to the | ||||||
6 | Department of Healthcare and Family Services and the | ||||||
7 | Department of Human Services for the purpose of determining | ||||||
8 | eligibility for public benefit programs authorized under the | ||||||
9 | Illinois Public Aid Code and related statutes administered by | ||||||
10 | those departments, for verifying sources and amounts of | ||||||
11 | income, and for other purposes directly connected with the | ||||||
12 | administration of those programs. | ||||||
13 | V. The Director shall make information available to the | ||||||
14 | State Board of Elections as may be required by an agreement the | ||||||
15 | State Board of Elections has entered into with a multi-state | ||||||
16 | voter registration list maintenance system. | ||||||
17 | W. The Director shall make information available to the | ||||||
18 | State Treasurer's office and the Department of Revenue for the | ||||||
19 | purpose of facilitating compliance with the Illinois Secure | ||||||
20 | Choice Savings Program Act, including employer contact | ||||||
21 | information for employers with 25 or more employees and any | ||||||
22 | other information the Director deems appropriate that is | ||||||
23 | directly related to the administration of this program. | ||||||
24 | X. The Director shall make information available, upon | ||||||
25 | request, to the Illinois Student Assistance Commission for the | ||||||
26 | purpose of determining eligibility for the adult vocational |
| |||||||
| |||||||
1 | community college scholarship program under Section 65.105 of | ||||||
2 | the Higher Education Student Assistance Act. | ||||||
3 | Y. Except as required under State or federal law, or | ||||||
4 | unless otherwise provided for in this Section, the Department | ||||||
5 | shall not disclose an individual's entire social security | ||||||
6 | number in any correspondence physically mailed to an | ||||||
7 | individual or entity. | ||||||
8 | (Source: P.A. 100-484, eff. 9-8-17; 101-315, eff. 1-1-20 .)
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
|