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.