Bill Status of SB 1133   96th General Assembly

Short Description:  RIGHT PRIVACY-E-VERIFY DATABAS

Senate Sponsors
Sen. Iris Y. Martinez

House Sponsors
(Rep. Barbara Flynn Currie-Cynthia Soto-Randy Ramey, Jr.-Elizabeth Hernandez and Eddie Washington)


Last Action  View All Actions

DateChamber Action
  8/24/2009SenatePublic Act . . . . . . . . . 96-0623

Statutes Amended In Order of Appearance
820 ILCS 55/10from Ch. 48, par. 2860

Synopsis As Introduced
Amends the Right to Privacy in the Workplace Act. Makes a technical change in a Section concerning prohibited inquiries.

Senate Floor Amendment No. 1
Deletes reference to:
820 ILCS 55/10
Adds reference to:
820 ILCS 55/12
820 ILCS 55/15from Ch. 48, par. 2865

Replaces everything after the enacting clause. Amends the Right to Privacy in the Workplace Act. Provides that prior to choosing to voluntarily enroll in any Electronic Employment Verification System, employers are urged to carefully consider: (1) that the E-Verify databases contain inaccurate information that prevents E-Verify from verifying the work authorization status of many individuals who are in fact eligible to work in the United States, including many United States citizens; (2) that employers who use E-Verify are legally obligated to expend time and resources to resolve situations where, due to errors in the E-Verify databases, E-Verify cannot verify the work authorization of employees who are in fact authorized to work in the United States; and (3) that employers who use E-Verify have specific legal responsibilities set forth by federal and State law that relate to the use of E-Verify and the treatment of employees, including the legal requirements set forth in the Act. Makes other changes.

House Committee Amendment No. 1
Provides that employers are urged to consult the Illinois Department of Labor's website for current information on the accuracy of E-Verify and to review and understand an employer's legal responsibilities relating to the use of the voluntary E-Verify program (rather than consider: (1) that the E-Verify databases contain inaccurate information that prevents E-Verify from verifying the work authorization status of many individuals who are in fact eligible to work in the United States, including many United States citizens; (2) that employers who use E-Verify are legally obligated to expend time and resources to resolve situations where, due to errors in the E-Verify databases, E-Verify cannot verify the work authorization of employees who are in fact authorized to work in the United States; and (3) that employers who use E-Verify have specific legal responsibilities set forth by federal and state law that relate to the use of E-Verify and the treatment of employees, including the legal requirements set forth in this Act. Provides that the employer must maintain the signed original of the attestation form prescribed by the Illinois Department of Labor, as well as all CBT certificates of completion and make them available for inspection or copying by the Illinois Department of Labor at any reasonable time. Deletes provision that an employee or applicant for employment may commence an action in circuit court for certain violations of the E-verify system. Provides that an employee or applicant for employment for certain E-verify violations award may be awarded 4500 per affected employee plus costs, reasonable attorney's fees, and actual damages only if the employer's conduct is willful and knowing.

Actions 
DateChamber Action
  2/6/2009SenateFiled with Secretary by Sen. John J. Cullerton
  2/6/2009SenateFirst Reading
  2/6/2009SenateReferred to Assignments
  3/5/2009SenateAssigned to Executive
  3/12/2009SenateDo Pass Executive; 012-000-000
  3/12/2009SenatePlaced on Calendar Order of 2nd Reading March 17, 2009
  3/25/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez
  3/25/2009SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/26/2009SenateChief Sponsor Changed to Sen. Iris Y. Martinez
  3/30/2009SenateSecond Reading
  3/30/2009SenatePlaced on Calendar Order of 3rd Reading March 31, 2009
  3/30/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Labor
  3/31/2009SenateSenate Floor Amendment No. 1 Recommend Do Adopt Labor; 006-003-001
  4/2/2009SenateRecalled to Second Reading
  4/2/2009SenateSenate Floor Amendment No. 1 Adopted; Martinez
  4/2/2009SenatePlaced on Calendar Order of 3rd Reading
  4/2/2009SenateThird Reading - Passed; 048-009-001
  4/2/2009HouseArrived in House
  4/2/2009HousePlaced on Calendar Order of First Reading
  4/2/2009HouseChief House Sponsor Rep. Barbara Flynn Currie
  4/2/2009HouseFirst Reading
  4/2/2009HouseReferred to Rules Committee
  4/20/2009HouseAssigned to Executive Committee
  4/28/2009HouseAdded Alternate Chief Co-Sponsor Rep. Cynthia Soto
  4/28/2009HouseAdded Alternate Chief Co-Sponsor Rep. Randy Ramey, Jr.
  4/28/2009HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Hernandez
  4/29/2009HouseRe-assigned to Labor Committee
  5/6/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Labor Committee
  5/6/2009HouseHouse Committee Amendment No. 1 Adopted in Labor Committee; by Voice Vote
  5/6/2009HouseDo Pass as Amended / Short Debate Labor Committee; 023-000-000
  5/6/2009HousePlaced on Calendar 2nd Reading - Short Debate
  5/6/2009HouseAdded Alternate Co-Sponsor Rep. Eddie Washington
  5/12/2009HouseSecond Reading - Short Debate
  5/12/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/13/2009HouseThird Reading - Short Debate - Passed 107-008-000
  5/13/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/13/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 14, 2009
  5/19/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Iris Y. Martinez
  5/19/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/22/2009SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Labor
  5/26/2009SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Labor; 008-000-000
  5/27/2009SenateHouse Committee Amendment No. 1 Senate Concurs 056-000-000
  5/27/2009SenatePassed Both Houses
  6/25/2009SenateSent to the Governor
  8/24/2009SenateGovernor Approved
  8/24/2009SenateEffective Date January 1, 2010
  8/24/2009SenatePublic Act . . . . . . . . . 96-0623

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