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Public Act 095-0138


 

Public Act 0138 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0138
 
HB1744 Enrolled LRB095 03625 RLC 25185 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Right to Privacy in the Workplace Act is
amended by adding Section 12 as follows:
 
    (820 ILCS 55/12 new)
    Sec. 12. Restrictions on use of Employment Eligibility
Verification Systems.
    (a) Employers are prohibited from enrolling in any
Employment Eligibility Verification System, including the
Basic Pilot program, as authorized by 8 U.S.C. 1324a, Notes,
Pilot Programs for Employment Eligibility Confirmation
(enacted by PL 104-208, div. C, title IV, subtitle A), until
the Social Security Administration (SSA) and Department of
Homeland Security (DHS) databases are able to make a
determination on 99% of the tentative nonconfirmation notices
issued to employers within 3 days, unless otherwise required by
federal law.
    (b) Subject to subsection (a) of this Section, an employer
who enrolls in the Basic Pilot program is prohibited from the
Employment Eligibility Verification Systems, to confirm the
employment authorization of new hires unless the employer
attests, under penalty of perjury, on a form prescribed by the
Department of Labor:
        (1) that the employer has received the Basic Pilot
    training materials from DHS, and that personnel who will
    administer the program have completed the Basic Pilot
    Computer Based Tutorial (CBT); and
        (2) that the employer has posted the notice from DHS
    indicating that the employer is enrolled in the Basic Pilot
    program, the anti-discrimination notice issued by the
    Office of Special Counsel for Immigration-Related Unfair
    Employment Practices (OSC), Civil Rights Division, U.S.
    Department of Justice, and the anti-discrimination notice
    issued by the Illinois Department of Human Rights (IDHR).
    (c) Responsibilities of employer using Employment
Eligibility Verification Systems.
        (1) The employer shall display the notices supplied by
    DHS, OSC, and IDHR in a prominent place that is clearly
    visible to prospective employees.
        (2) The employer shall require that all employer
    representatives performing employment verification queries
    complete the CBT. The employer shall attest, under penalty
    of perjury, on a form prescribed by the Department of
    Labor, that the employer representatives completed the
    CBT.
        (3) The employer shall become familiar with and comply
    with the Basic Pilot Manual.
        (4) The employer shall notify all prospective
    employees at the time of application that such employment
    verification system may be used for immigration
    enforcement purposes.
        (5) The employer shall provide all employees who
    receive a tentative nonconfirmation with a referral letter
    and contact information for what agency the employee must
    contact to resolve the discrepancy.
        (6) The employer shall comply with the Illinois Human
    Rights Act and any applicable federal anti-discrimination
    laws.
        (7) The employer shall use the information it receives
    from SSA or DHS only to confirm the employment eligibility
    of newly-hired employees after completion of the Form I-9.
    The employer shall safeguard this information, and means of
    access to it (such as passwords and other privacy
    protections), to ensure that it is not used for any other
    purpose and as necessary to protect its confidentiality,
    including ensuring that it is not disseminated to any
    person other than employees of the employer who need it to
    perform the employer's responsibilities.
    (d) Preemption. No unit of local government, including a
home rule unit, may require any employer to use an Employment
Eligibility Verification System, including under the following
circumstances:
        (1) as a condition of receiving a government contract;
        (2) as a condition of receiving a business license; or
        (3) as penalty for violating licensing or other similar
    laws.
    This subsection (d) is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.

Effective Date: 1/1/2008