HB1744 Engrossed

LRB095 03625 RLC 25185 b






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 adding Section 12 as follows:
 
6
    (820 ILCS 55/12  new)
7
    Sec. 12. Restrictions on use of Employment Eligibility 
8
Verification Systems.
9
    (a) Employers are prohibited from enrolling in any 
10
Employment Eligibility Verification System, including the 
11
Basic Pilot program, as authorized by 8 U.S.C. 1324a, Notes, 
12
Pilot Programs for Employment Eligibility Confirmation 
13
(enacted by PL 104-208, div. C, title IV, subtitle A), until 
14
the Social Security Administration (SSA) and Department of 
15
Homeland Security (DHS) databases are able to make a 
16
determination on 99% of the tentative nonconfirmation notices 
17
issued to employers within 3 days, unless otherwise required by 
18
federal law.
19
    (b) Subject to subsection (a) of this Section, an employer 
20
who enrolls in the Basic Pilot program is prohibited from the 
21
Employment Eligibility Verification Systems, to confirm the 
22
employment authorization of new hires unless the employer 
23
attests, under penalty of perjury, on a form prescribed by the 
 


 






HB1744 Engrossed
- 2 -
LRB095 03625 RLC 25185 b




1
Department of Labor:
2
        (1) that the employer has received the Basic Pilot 
3
    training materials from DHS, and that personnel who will 
4
    administer the program have completed the Basic Pilot 
5
    Computer Based Tutorial (CBT); and
6
        (2) that the employer has posted the notice from DHS 
7
    indicating that the employer is enrolled in the Basic Pilot 
8
    program, the anti-discrimination notice issued by the 
9
    Office of Special Counsel for Immigration-Related Unfair 
10
    Employment Practices (OSC), Civil Rights Division, U.S. 
11
    Department of Justice, and the anti-discrimination notice 
12
    issued by the Illinois Department of Human Rights (IDHR).
13
    (c) Responsibilities of employer using Employment 
14
Eligibility Verification Systems.
15
        (1) The employer shall display the notices supplied by 
16
    DHS, OSC, and IDHR in a prominent place that is clearly 
17
    visible to prospective employees.
18
        (2) The employer shall require that all employer 
19
    representatives performing employment verification queries 
20
    complete the CBT. The employer shall attest, under penalty 
21
    of perjury, on a form prescribed by the Department of 
22
    Labor, that the employer representatives completed the 
23
    CBT.
24
        (3) The employer shall become familiar with and comply 
25
    with the Basic Pilot Manual.
26
        (4) The employer shall notify all prospective 
 


 






HB1744 Engrossed
- 3 -
LRB095 03625 RLC 25185 b




1
    employees at the time of application that such employment 
2
    verification system may be used for immigration 
3
    enforcement purposes.
4
        (5) The employer shall provide all employees who 
5
    receive a tentative nonconfirmation with a referral letter 
6
    and contact information for what agency the employee must 
7
    contact to resolve the discrepancy.
8
        (6) The employer shall comply with the Illinois Human 
9
    Rights Act and any applicable federal anti-discrimination 
10
    laws.
11
        (7) The employer shall use the information it receives 
12
    from SSA or DHS only to confirm the employment eligibility 
13
    of newly-hired employees after completion of the Form I-9. 
14
    The employer shall safeguard this information, and means of 
15
    access to it (such as passwords and other privacy 
16
    protections), to ensure that it is not used for any other 
17
    purpose and as necessary to protect its confidentiality, 
18
    including ensuring that it is not disseminated to any 
19
    person other than employees of the employer who need it to 
20
    perform the employer's responsibilities.
21
    (d) Preemption. No unit of local government, including a 
22
home rule unit, may require any employer to use an Employment 
23
Eligibility Verification System, including under the following 
24
circumstances:
25
        (1) as a condition of receiving a government contract;
26
        (2) as a condition of receiving a business license; or
 


 






HB1744 Engrossed
- 4 -
LRB095 03625 RLC 25185 b




1
        (3) as penalty for violating licensing or other similar 
2
    laws.
3
    This subsection (d)


is a denial and limitation of home rule 
4
powers and functions under subsection (h) of Section 6 of 
5
Article VII of the Illinois Constitution.

 
6
    Section 97. Severability. The provisions of this Act are 
7
severable under Section 1.31 of the Statute on Statutes.