Full Text of SB1745 97th General Assembly
SB1745 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1745 Introduced 2/9/2011, by Sen. Chris Lauzen SYNOPSIS AS INTRODUCED: |
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Amends the Right to Privacy in the Workplace Act. Requires employers to enroll in an Electronic Employment Verification
System or the E-Verify program and the Basic Pilot program (rather than permitting an employer to voluntarily enroll).
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Right to Privacy in the Workplace Act is | 5 | | amended by changing Section 12 as follows: | 6 | | (820 ILCS 55/12) | 7 | | Sec. 12. Use of Employment Eligibility Verification | 8 | | Systems. | 9 | | (a) Each employer shall enroll in an Prior to choosing to | 10 | | voluntarily enroll in any Electronic Employment Verification
| 11 | | System or , including the E-Verify program and the Basic Pilot | 12 | | program, as authorized by 8 U.S.C.
1324a, Notes, Pilot Programs | 13 | | for Employment Eligibility Confirmation (enacted by P.L. | 14 | | 104-208, div. C, title IV, subtitle A) . Employers , employers | 15 | | are urged to consult the Illinois Department of Labor's website | 16 | | for current information on the accuracy of E-Verify and to | 17 | | review and understand an employer's legal responsibilities | 18 | | relating to the use of the voluntary E-Verify program. | 19 | | (a-1) The Illinois Department of Labor (IDOL) shall post on | 20 | | its website information or
links to information from the United | 21 | | States Government Accountability Office, Westat, or a similar
| 22 | | reliable source independent of the Department of Homeland | 23 | | Security regarding: (1) the accuracy
of the E-Verify databases; |
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| 1 | | (2) the approximate financial burden and expenditure of time | 2 | | that use
of E-Verify requires from employers; and (3) an | 3 | | overview of an employer's responsibilities under
federal and | 4 | | state law relating to the use of E-Verify. | 5 | | (b) Upon initial enrollment in an Employment Eligibility | 6 | | Verification System or within
30 days after the effective date | 7 | | of this amendatory Act of the 96th General Assembly, an
| 8 | | employer enrolled in E-Verify or any other Employment | 9 | | Eligibility Verification System must
attest, under penalty of | 10 | | perjury, on a form prescribed by the IDOL available on the IDOL | 11 | | website: | 12 | | (1) that the employer has received the Basic Pilot or | 13 | | E-Verify training materials from the Department of | 14 | | Homeland Security (DHS), and that all employees who will | 15 | | administer the program have completed the Basic Pilot or | 16 | | E-Verify Computer Based Tutorial (CBT); and | 17 | | (2) that the employer has posted the notice from DHS | 18 | | indicating that the employer is enrolled in the Basic Pilot | 19 | | or E-Verify program and the anti-discrimination notice | 20 | | issued by the Office of Special Counsel for | 21 | | Immigration-Related Unfair Employment Practices (OSC), | 22 | | Civil Rights Division, U.S. Department of Justice in a | 23 | | prominent place that is clearly visible to both prospective | 24 | | and current employees. The employer must maintain the | 25 | | signed original of the attestation form prescribed by the | 26 | | IDOL, as well as all CBT certificates of completion and |
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| 1 | | make them available for inspection or copying by the IDOL | 2 | | at any reasonable time. | 3 | | (c) It is a violation of this Act for an employer enrolled | 4 | | in an Employment Eligibility Verification System, including | 5 | | the E-Verify program and the Basic Pilot program: | 6 | | (1) to fail to display the notices supplied by DHS and | 7 | | OSC in a prominent place that is clearly visible to both | 8 | | prospective and current employees; | 9 | | (2) to allow any employee to use an Employment | 10 | | Eligibility Verification System prior to having completed | 11 | | CBT; | 12 | | (3) to fail to take reasonable steps to prevent an | 13 | | employee from circumventing the
requirement to complete | 14 | | the CBT by assuming another employee's E-Verify or Basic | 15 | | Pilot user
identification or password; | 16 | | (4) to use the Employment Eligibility Verification | 17 | | System to verify the
employment eligibility of job | 18 | | applicants prior to hiring or to otherwise use the | 19 | | Employment
Eligibility Verification System to screen | 20 | | individuals prior to hiring and prior to the completion of
| 21 | | a Form I-9; | 22 | | (5) to terminate an employee or take any other adverse | 23 | | employment action against
an individual prior to receiving | 24 | | a final nonconfirmation notice from the Social
Security | 25 | | Administration or the Department of Homeland Security; | 26 | | (6) to fail to notify an individual, in writing, of the |
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| 1 | | employer's
receipt of a tentative nonconfirmation notice, | 2 | | of the individual's right to contest the tentative
| 3 | | nonconfirmation notice, and of the contact information for | 4 | | the relevant government agency or
agencies that the | 5 | | individual must contact to resolve the tentative | 6 | | nonconfirmation notice; | 7 | | (7) to fail to safeguard the information contained in | 8 | | the Employment
Eligibility Verification System, and the | 9 | | means of access to the system (such as passwords and other | 10 | | privacy protections). An employer shall ensure that the | 11 | | System is not used for any purpose other than employment | 12 | | verification of newly hired employees and shall ensure that | 13 | | the information contained in the
System and the means of | 14 | | access to the System are not disseminated to any person | 15 | | other than employees who need such information and access | 16 | | to perform the employer's employment verification | 17 | | responsibilities. | 18 | | (c-1) Any claim that an employer refused to hire, | 19 | | segregated, or acted with respect to
recruitment, hiring, | 20 | | promotion, renewal or employment, selection for training or | 21 | | apprenticeship,
discharge, discipline, tenure or terms, | 22 | | privileges, or conditions of employment without following
the | 23 | | procedures of the Employment Eligibility Verification System, | 24 | | including the Basic Pilot and
E-Verify programs, may be brought | 25 | | under paragraph (G)(2) of Section 2-102 of the Illinois
Human | 26 | | Rights Act. |
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| 1 | | (c-2) It is a violation of this Section for an individual | 2 | | to falsely pose as an employer in
order to enroll in an | 3 | | Employment Eligibility Verification System or for an employer | 4 | | to use an
Employment Eligibility Verification System to access | 5 | | information regarding an individual who is
not an employee of | 6 | | the employer. | 7 | | (d) (Blank). Preemption. Neither the State nor any of its | 8 | | political subdivisions, nor any unit of local government, | 9 | | including a home rule unit, may require any employer to use an | 10 | | Employment Eligibility Verification System, including under | 11 | | the following circumstances: | 12 | | (1) as a condition of receiving a government contract; | 13 | | (2) as a condition of receiving a business license; or | 14 | | (3) as penalty for violating licensing or other similar | 15 | | laws. | 16 | | This subsection (d)
is a denial and limitation of home rule | 17 | | powers and functions under subsection (h) of Section 6 of | 18 | | Article VII of the Illinois Constitution.
| 19 | | (Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10; | 20 | | 96-1000, eff. 7-2-10.)
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