HB1744 95TH GENERAL ASSEMBLY

LRB095 03625 RLC 25185 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1744

Introduced 2/23/2007, by Rep. Cynthia Soto

SYNOPSIS AS INTRODUCED:

820 ILCS 55/12 new

Amends the Right to Privacy in the Workplace Act. Provides that employers are prohibited from enrolling in any Employment Eligibility Verification System, including the Basic Pilot program, as authorized by federal law, until the Social Security Administration and Department of Homeland Security 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. Provides that 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, to certain specified information. Preempts the exercise of home rule powers. Provides that the Department of Human Rights shall establish a statewide advisory council to study the effects of Employment Eligibility Verification Systems, including the Basic Pilot program, on employers and employees in Illinois. Provides that the advisory council shall, 18 months after the effective date of this amendatory Act, submit a report to the Department of Human Rights and the Department of Labor.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

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) 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 instruct the employee how to resolve the discrepancy with SSA, DHS, or the appropriate federal agency.

(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) Privacy requirement. It shall be unlawful for any employer to collect and maintain data that is not required by the Basic Pilot program.

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

(f) Advisory Council; report and audit.

(1) Formation and representation. The Department of Human Rights shall establish a statewide advisory council, as authorized by Section 7-107 of the Illinois Human Rights Act, to study the effects of Employment Eligibility Verification Systems, including the Basic Pilot program, on employers and employees in Illinois. The council shall be composed of representatives from the Department of Human Rights and the Department of Labor as well as an equal number of representatives from each of the following constituencies: the business community; labor unions; civil rights organizations; immigrant rights organizations; and privacy rights organizations.

(2) Purpose of the advisory council. The advisory council shall, 18 months after the effective date of this amendatory Act of the 95th General Assembly, submit a report to the Department of Human Rights and the Department of Labor that includes the following: (a) an assessment of the impact of the Basic Pilot program on the employment of unauthorized workers, including whether it has resulted in an increase in exploitation of unauthorized workers; (b) an assessment of the accuracy of the Basic Pilot program's databases in approving employment-authorized individuals; (c) an assessment of the timeliness of the Basic Pilot program responses to employers; (d) an assessment of whether the Basic Pilot program is being implemented in a nondiscriminatory and non-retaliatory manner; (e) an assessment of the privacy and confidentiality of the Basic Pilot program and of its overall security with respect to cyber-theft and theft or misuse of private data; and (f) an assessment of the costs of the Basic Pilot program to employers and employees.

(3) Appropriation of funds. The advisory council shall receive technical and clerical assistance and reimbursement of its actual expenses from the Department of Human Rights, including sufficient funds to retain an independent researcher or academic institution to carry out the assessments and produce the report required by this Section.

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