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    AN ACT concerning employment.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Right to Privacy in the Workplace Act is 
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amended  by adding Section 12 as follows:
 
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    (820 ILCS 55/12  new)
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    Sec. 12. Restrictions on use of Employment Eligibility 
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Verification Systems.
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    (a) Employers are prohibited from enrolling in any 
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Employment Eligibility Verification System, including the 
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Basic Pilot program, as authorized by 8 U.S.C. 1324a, Notes, 
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Pilot Programs for Employment Eligibility Confirmation 
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(enacted by PL 104-208, div. C, title IV, subtitle A), until 
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the Social Security Administration (SSA) and Department of 
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Homeland Security (DHS) databases are able to make a 
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determination on 99% of the tentative nonconfirmation notices 
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issued to employers within 3 days, unless otherwise required by 
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federal law.
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    (b) Subject to subsection (a) of this Section, an employer 
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who enrolls in the Basic Pilot program is prohibited from the 
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Employment Eligibility Verification Systems, to confirm the 
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employment authorization of new hires unless the employer 
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attests, under penalty of perjury, on a form prescribed by the 
 


 






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


 






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


 






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


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

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