Bill Text: IL HB2699 | 2017-2018 | 100th General Assembly | Engrossed

Bill Title: Amends provisions of the Unemployment Insurance Act prohibiting the disclosure of information obtained from an individual or employing unit during the administration of the Act. In language providing that the prohibition does not apply to communication with an individual or entity through unencrypted e-mail or unencrypted electronic means as long as the communication does not contain the individual's or entity's name in combination with specified numbers or codes, deletes "account number" from the numbers and codes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-04-20 - Referred to Assignments [HB2699 Detail]

Download: Illinois-2017-HB2699-Engrossed.html

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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unemployment Insurance Act is amended by
5changing Section 1900 as follows:
6 (820 ILCS 405/1900) (from Ch. 48, par. 640)
7 Sec. 1900. Disclosure of information.
8 A. Except as provided in this Section, information obtained
9from any individual or employing unit during the administration
10of this Act shall:
11 1. be confidential,
12 2. not be published or open to public inspection,
13 3. not be used in any court in any pending action or
14 proceeding,
15 4. not be admissible in evidence in any action or
16 proceeding other than one arising out of this Act.
17 B. No finding, determination, decision, ruling or order
18(including any finding of fact, statement or conclusion made
19therein) issued pursuant to this Act shall be admissible or
20used in evidence in any action other than one arising out of
21this Act, nor shall it be binding or conclusive except as
22provided in this Act, nor shall it constitute res judicata,
23regardless of whether the actions were between the same or

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1related parties or involved the same facts.
2 C. Any officer or employee of this State, any officer or
3employee of any entity authorized to obtain information
4pursuant to this Section, and any agent of this State or of
5such entity who, except with authority of the Director under
6this Section, shall disclose information shall be guilty of a
7Class B misdemeanor and shall be disqualified from holding any
8appointment or employment by the State.
9 D. An individual or his duly authorized agent may be
10supplied with information from records only to the extent
11necessary for the proper presentation of his claim for benefits
12or with his existing or prospective rights to benefits.
13Discretion to disclose this information belongs solely to the
14Director and is not subject to a release or waiver by the
15individual. Notwithstanding any other provision to the
16contrary, an individual or his or her duly authorized agent may
17be supplied with a statement of the amount of benefits paid to
18the individual during the 18 months preceding the date of his
19or her request.
20 E. An employing unit may be furnished with information,
21only if deemed by the Director as necessary to enable it to
22fully discharge its obligations or safeguard its rights under
23the Act. Discretion to disclose this information belongs solely
24to the Director and is not subject to a release or waiver by
25the employing unit.
26 F. The Director may furnish any information that he may

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1deem proper to any public officer or public agency of this or
2any other State or of the federal government dealing with:
3 1. the administration of relief,
4 2. public assistance,
5 3. unemployment compensation,
6 4. a system of public employment offices,
7 5. wages and hours of employment, or
8 6. a public works program.
9 The Director may make available to the Illinois Workers'
10Compensation Commission information regarding employers for
11the purpose of verifying the insurance coverage required under
12the Workers' Compensation Act and Workers' Occupational
13Diseases Act.
14 G. The Director may disclose information submitted by the
15State or any of its political subdivisions, municipal
16corporations, instrumentalities, or school or community
17college districts, except for information which specifically
18identifies an individual claimant.
19 H. The Director shall disclose only that information
20required to be disclosed under Section 303 of the Social
21Security Act, as amended, including:
22 1. any information required to be given the United
23 States Department of Labor under Section 303(a)(6); and
24 2. the making available upon request to any agency of
25 the United States charged with the administration of public
26 works or assistance through public employment, the name,

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1 address, ordinary occupation and employment status of each
2 recipient of unemployment compensation, and a statement of
3 such recipient's right to further compensation under such
4 law as required by Section 303(a)(7); and
5 3. records to make available to the Railroad Retirement
6 Board as required by Section 303(c)(1); and
7 4. information that will assure reasonable cooperation
8 with every agency of the United States charged with the
9 administration of any unemployment compensation law as
10 required by Section 303(c)(2); and
11 5. information upon request and on a reimbursable basis
12 to the United States Department of Agriculture and to any
13 State food stamp agency concerning any information
14 required to be furnished by Section 303(d); and
15 6. any wage information upon request and on a
16 reimbursable basis to any State or local child support
17 enforcement agency required by Section 303(e); and
18 7. any information required under the income
19 eligibility and verification system as required by Section
20 303(f); and
21 8. information that might be useful in locating an
22 absent parent or that parent's employer, establishing
23 paternity or establishing, modifying, or enforcing child
24 support orders for the purpose of a child support
25 enforcement program under Title IV of the Social Security
26 Act upon the request of and on a reimbursable basis to the

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1 public agency administering the Federal Parent Locator
2 Service as required by Section 303(h); and
3 9. information, upon request, to representatives of
4 any federal, State or local governmental public housing
5 agency with respect to individuals who have signed the
6 appropriate consent form approved by the Secretary of
7 Housing and Urban Development and who are applying for or
8 participating in any housing assistance program
9 administered by the United States Department of Housing and
10 Urban Development as required by Section 303(i).
11 I. The Director, upon the request of a public agency of
12Illinois, of the federal government or of any other state
13charged with the investigation or enforcement of Section 10-5
14of the Criminal Code of 2012 (or a similar federal law or
15similar law of another State), may furnish the public agency
16information regarding the individual specified in the request
17as to:
18 1. the current or most recent home address of the
19 individual, and
20 2. the names and addresses of the individual's
21 employers.
22 J. Nothing in this Section shall be deemed to interfere
23with the disclosure of certain records as provided for in
24Section 1706 or with the right to make available to the
25Internal Revenue Service of the United States Department of the
26Treasury, or the Department of Revenue of the State of

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1Illinois, information obtained under this Act.
2 K. The Department shall make available to the Illinois
3Student Assistance Commission, upon request, information in
4the possession of the Department that may be necessary or
5useful to the Commission in the collection of defaulted or
6delinquent student loans which the Commission administers.
7 L. The Department shall make available to the State
8Employees' Retirement System, the State Universities
9Retirement System, the Teachers' Retirement System of the State
10of Illinois, and the Department of Central Management Services,
11Risk Management Division, upon request, information in the
12possession of the Department that may be necessary or useful to
13the System or the Risk Management Division for the purpose of
14determining whether any recipient of a disability benefit from
15the System or a workers' compensation benefit from the Risk
16Management Division is gainfully employed.
17 M. This Section shall be applicable to the information
18obtained in the administration of the State employment service,
19except that the Director may publish or release general labor
20market information and may furnish information that he may deem
21proper to an individual, public officer or public agency of
22this or any other State or the federal government (in addition
23to those public officers or public agencies specified in this
24Section) as he prescribes by Rule.
25 N. The Director may require such safeguards as he deems
26proper to insure that information disclosed pursuant to this

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1Section is used only for the purposes set forth in this
3 O. Nothing in this Section prohibits communication with an
4individual or entity through unencrypted e-mail or other
5unencrypted electronic means as long as the communication does
6not contain the individual's or entity's name in combination
7with any one or more of the individual's or entity's social
8security number; driver's license or State identification
9number; account number or credit or debit card number; or any
10required security code, access code, or password that would
11permit access to further information pertaining to the
12individual or entity.
13 P. (Blank).
14 Q. The Director shall make available to an elected federal
15official the name and address of an individual or entity that
16is located within the jurisdiction from which the official was
17elected and that, for the most recently completed calendar
18year, has reported to the Department as paying wages to
19workers, where the information will be used in connection with
20the official duties of the official and the official requests
21the information in writing, specifying the purposes for which
22it will be used. For purposes of this subsection, the use of
23information in connection with the official duties of an
24official does not include use of the information in connection
25with the solicitation of contributions or expenditures, in
26money or in kind, to or on behalf of a candidate for public or

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1political office or a political party or with respect to a
2public question, as defined in Section 1-3 of the Election
3Code, or in connection with any commercial solicitation. Any
4elected federal official who, in submitting a request for
5information covered by this subsection, knowingly makes a false
6statement or fails to disclose a material fact, with the intent
7to obtain the information for a purpose not authorized by this
8subsection, shall be guilty of a Class B misdemeanor.
9 R. The Director may provide to any State or local child
10support agency, upon request and on a reimbursable basis,
11information that might be useful in locating an absent parent
12or that parent's employer, establishing paternity, or
13establishing, modifying, or enforcing child support orders.
14 S. The Department shall make available to a State's
15Attorney of this State or a State's Attorney's investigator,
16upon request, the current address or, if the current address is
17unavailable, current employer information, if available, of a
18victim of a felony or a witness to a felony or a person against
19whom an arrest warrant is outstanding.
20 T. The Director shall make available to the Department of
21State Police, a county sheriff's office, or a municipal police
22department, upon request, any information concerning the
23current address and place of employment or former places of
24employment of a person who is required to register as a sex
25offender under the Sex Offender Registration Act that may be
26useful in enforcing the registration provisions of that Act.

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1 U. The Director shall make information available to the
2Department of Healthcare and Family Services and the Department
3of Human Services for the purpose of determining eligibility
4for public benefit programs authorized under the Illinois
5Public Aid Code and related statutes administered by those
6departments, for verifying sources and amounts of income, and
7for other purposes directly connected with the administration
8of those programs.
9 V. The Director shall make information available to the
10State Board of Elections as may be required by an agreement the
11State Board of Elections has entered into with a multi-state
12voter registration list maintenance system.
13 W. The Director shall make information available to the
14State Treasurer's office and the Department of Revenue for the
15purpose of facilitating compliance with the Illinois Secure
16Choice Savings Program Act, including employer contact
17information for employers with 25 or more employees and any
18other information the Director deems appropriate that is
19directly related to the administration of this program.
20(Source: P.A. 98-1171, eff. 6-1-15; 99-571, eff. 7-15-16;
2199-933, eff. 1-27-17; revised 1-31-17.)
22 Section 99. Effective date. This Act takes effect upon
23becoming law.