Full Text of SB1878 95th General Assembly
SB1878 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1878
Introduced 1/10/2008, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
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Amends the Right to Privacy in the Workplace Act. Provides that until any Employment Eligibility Verification System, including the E-Verify program and 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), is able to automatically verify the work-authorization status of 99% of employees:
(1) employers are discouraged from participating in any Employment Eligibility Verification System, unless otherwise required by federal law; and
(2) the State of Illinois shall not participate in any Employment Eligibility Verification System, unless otherwise required by federal law.
Effective immediately.
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A BILL FOR
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SB1878 |
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LRB095 14852 RLC 40793 b |
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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 | 5 |
| amended by changing Section 12 as follows: | 6 |
| (820 ILCS 55/12) | 7 |
| Sec. 12. Use Restrictions on use of Employment Eligibility | 8 |
| Verification Systems. | 9 |
| (a) Until such time as any Employment Eligibility | 10 |
| Verification System, including the E-Verify program and 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), is able | 14 |
| to automatically verify the work-authorization status of 99% of | 15 |
| employees: | 16 |
| (1) employers are discouraged from participating in | 17 |
| any Employment Eligibility Verification System, unless | 18 |
| otherwise required by federal law; and | 19 |
| (2) the State of Illinois shall not participate in any | 20 |
| Employment Eligibility Verification System, unless | 21 |
| otherwise required by federal law Employers are prohibited | 22 |
| from enrolling in any Employment Eligibility Verification | 23 |
| System, including the Basic Pilot program, as authorized by |
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SB1878 |
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LRB095 14852 RLC 40793 b |
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| 8 U.S.C. 1324a, Notes, Pilot Programs for Employment | 2 |
| Eligibility Confirmation (enacted by PL 104-208, div. C, | 3 |
| title IV, subtitle A), until the Social Security | 4 |
| Administration (SSA) and Department of Homeland Security | 5 |
| (DHS) databases are able to make a determination on 99% of | 6 |
| the tentative nonconfirmation notices issued to employers | 7 |
| within 3 days, unless otherwise required by federal law . | 8 |
| (b) Subject to subsection (a) of this Section, an employer | 9 |
| who enrolls in the Basic Pilot program is prohibited from the | 10 |
| Employment Eligibility Verification Systems, to confirm the | 11 |
| employment authorization of new hires unless the employer | 12 |
| attests, under penalty of perjury, on a form prescribed by the | 13 |
| Department of Labor: | 14 |
| (1) that the employer has received the Basic Pilot | 15 |
| training materials from DHS, and that personnel who will | 16 |
| administer the program have completed the Basic Pilot | 17 |
| Computer Based Tutorial (CBT); and | 18 |
| (2) that the employer has posted the notice from DHS | 19 |
| indicating that the employer is enrolled in the Basic Pilot | 20 |
| program, the anti-discrimination notice issued by the | 21 |
| Office of Special Counsel for Immigration-Related Unfair | 22 |
| Employment Practices (OSC), Civil Rights Division, U.S. | 23 |
| Department of Justice, and the anti-discrimination notice | 24 |
| issued by the Illinois Department of Human Rights (IDHR). | 25 |
| (c) Responsibilities of employer using Employment | 26 |
| Eligibility Verification Systems. |
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SB1878 |
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LRB095 14852 RLC 40793 b |
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| (1) The employer shall display the notices supplied by | 2 |
| DHS, OSC, and IDHR in a prominent place that is clearly | 3 |
| visible to prospective employees. | 4 |
| (2) The employer shall require that all employer | 5 |
| representatives performing employment verification queries | 6 |
| complete the CBT. The employer shall attest, under penalty | 7 |
| of perjury, on a form prescribed by the Department of | 8 |
| Labor, that the employer representatives completed the | 9 |
| CBT. | 10 |
| (3) The employer shall become familiar with and comply | 11 |
| with the Basic Pilot Manual. | 12 |
| (4) The employer shall notify all prospective | 13 |
| employees at the time of application that such employment | 14 |
| verification system may be used for immigration | 15 |
| enforcement purposes. | 16 |
| (5) The employer shall provide all employees who | 17 |
| receive a tentative nonconfirmation with a referral letter | 18 |
| and contact information for what agency the employee must | 19 |
| contact to resolve the discrepancy. | 20 |
| (6) The employer shall comply with the Illinois Human | 21 |
| Rights Act and any applicable federal anti-discrimination | 22 |
| laws. | 23 |
| (7) The employer shall use the information it receives | 24 |
| from SSA or DHS only to confirm the employment eligibility | 25 |
| of newly-hired employees after completion of the Form I-9. | 26 |
| The employer shall safeguard this information, and means of |
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LRB095 14852 RLC 40793 b |
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| access to it (such as passwords and other privacy | 2 |
| protections), to ensure that it is not used for any other | 3 |
| purpose and as necessary to protect its confidentiality, | 4 |
| including ensuring that it is not disseminated to any | 5 |
| person other than employees of the employer who need it to | 6 |
| perform the employer's responsibilities. | 7 |
| (d) Preemption. No unit of local government, including a | 8 |
| home rule unit, may require any employer to use an Employment | 9 |
| Eligibility Verification System, including under the following | 10 |
| circumstances: | 11 |
| (1) as a condition of receiving a government contract; | 12 |
| (2) as a condition of receiving a business license; or | 13 |
| (3) as penalty for violating licensing or other similar | 14 |
| laws. | 15 |
| This subsection (d)
is a denial and limitation of home rule | 16 |
| powers and functions under subsection (h) of Section 6 of | 17 |
| Article VII of the Illinois Constitution.
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| (Source: P.A. 95-138, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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