Full Text of SB3186 96th General Assembly
SB3186 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3186
Introduced 2/9/2010, by Sen. Randall M. Hultgren SYNOPSIS AS INTRODUCED: |
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Amends the Right to Privacy in the Workplace Act. Requires employers to enroll in an Electronic Employment Verification
System or the E-Verify program and the Basic Pilot program (rather than permitting an employer to voluntarily enroll).
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A BILL FOR
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SB3186 |
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LRB096 19992 RLC 35477 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 of Employment Eligibility Verification | 8 |
| Systems. | 9 |
| (a) Each employer shall enroll in an Prior to choosing to | 10 |
| voluntarily enroll in any Electronic Employment Verification
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| System or , including the E-Verify program and the Basic Pilot | 12 |
| program, as authorized by 8 U.S.C.
1324a, Notes, Pilot Programs | 13 |
| for Employment Eligibility Confirmation (enacted by P.L. | 14 |
| 104-208, div. C, title IV, subtitle A) . Employers , employers | 15 |
| are urged to consult the Illinois Department of Labor's website | 16 |
| for current information on the accuracy of E-Verify and to | 17 |
| review and understand an employer's legal responsibilities | 18 |
| relating to the use of the voluntary E-Verify program. | 19 |
| (a-1) The Illinois Department of Labor (IDOL) shall post on | 20 |
| its website information or
links to information from the United | 21 |
| States Government Accountability Office, Westat, or a similar
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| reliable source independent of the Department of Homeland | 23 |
| Security regarding: (1) the accuracy
of the E-Verify databases; |
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| (2) the approximate financial burden and expenditure of time | 2 |
| that use
of E-Verify requires from employers; and (3) an | 3 |
| overview of an employer's responsibilities under
federal and | 4 |
| state law relating to the use of E-Verify. | 5 |
| (b) Upon initial enrollment in an Employment Eligibility | 6 |
| Verification System or within
30 days after the effective date | 7 |
| of this amendatory Act of the 96th General Assembly, an
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| employer enrolled in E-Verify or any other Employment | 9 |
| Eligibility Verification System must
attest, under penalty of | 10 |
| perjury, on a form prescribed by the IDOL available on the IDOL | 11 |
| website: | 12 |
| (1) that the employer has received the Basic Pilot or | 13 |
| E-Verify training materials from the Department of | 14 |
| Homeland Security (DHS), and that all employees who will | 15 |
| administer the program have completed the Basic Pilot or | 16 |
| E-Verify Computer Based Tutorial (CBT); and | 17 |
| (2) that the employer has posted the notice from DHS | 18 |
| indicating that the employer is enrolled in the Basic Pilot | 19 |
| or E-Verify program and the anti-discrimination notice | 20 |
| issued by the Office of Special Counsel for | 21 |
| Immigration-Related Unfair Employment Practices (OSC), | 22 |
| Civil Rights Division, U.S. Department of Justice in a | 23 |
| prominent place that is clearly visible to both prospective | 24 |
| and current employees. The employer must maintain the | 25 |
| signed original of the attestation form prescribed by the | 26 |
| IDOL, as well as all CBT certificates of completion and |
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LRB096 19992 RLC 35477 b |
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| make them available for inspection or copying by the IDOL | 2 |
| at any reasonable time. | 3 |
| (c) It is a violation of this Act for an employer enrolled | 4 |
| in an Employment Eligibility Verification System, including | 5 |
| the E-Verify program and the Basic Pilot program: | 6 |
| (1) to fail to display the notices supplied by DHS and | 7 |
| OSC in a prominent place that is clearly visible to both | 8 |
| prospective and current employees; | 9 |
| (2) to allow any employee to use an Employment | 10 |
| Eligibility Verification System prior to having completed | 11 |
| CBT; | 12 |
| (3) to fail to take reasonable steps to prevent an | 13 |
| employee from circumventing the
requirement to complete | 14 |
| the CBT by assuming another employee's E-Verify or Basic | 15 |
| Pilot user
identification or password; | 16 |
| (4) to use the Employment Eligibility Verification | 17 |
| System to verify the
employment eligibility of job | 18 |
| applicants prior to hiring or to otherwise use the | 19 |
| Employment
Eligibility Verification System to screen | 20 |
| individuals prior to hiring and prior to the completion of
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| a Form I-9; | 22 |
| (5) to terminate an employee or take any other adverse | 23 |
| employment action against
an individual prior to receiving | 24 |
| a final nonconfirmation notice from the Social
Security | 25 |
| Administration or the Department of Homeland Security; | 26 |
| (6) to fail to notify an individual, in writing, of the |
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| employer's
receipt of a tentative nonconfirmation notice, | 2 |
| of the individual's right to contest the tentative
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| nonconfirmation notice, and of the contact information for | 4 |
| the relevant government agency or
agencies that the | 5 |
| individual must contact to resolve the tentative | 6 |
| nonconfirmation notice; | 7 |
| (7) to fail to safeguard the information contained in | 8 |
| the Employment
Eligibility Verification System, and the | 9 |
| means of access to the system (such as passwords and other | 10 |
| privacy protections). An employer shall ensure that the | 11 |
| System is not used for any purpose other than employment | 12 |
| verification of newly hired employees and shall ensure that | 13 |
| the information contained in the
System and the means of | 14 |
| access to the System are not disseminated to any person | 15 |
| other than employees who need such information and access | 16 |
| to perform the employer's employment verification | 17 |
| responsibilities . ; | 18 |
| (c-1) Any claim that an employer refused to hire, | 19 |
| segregated, or acted with respect to
recruitment, hiring, | 20 |
| promotion, renewal or employment, selection for training or | 21 |
| apprenticeship,
discharge, discipline, tenure or terms, | 22 |
| privileges, or conditions of employment without following
the | 23 |
| procedures of the Employment Eligibility Verification System, | 24 |
| including the Basic Pilot and
E-Verify programs, may be brought | 25 |
| under paragraph (G)(2) of Section 2-102 of the Illinois
Human | 26 |
| Rights Act . ; |
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| (c-2) It is a violation of this Section for an individual | 2 |
| to falsely pose as an employer in
order to enroll in an | 3 |
| Employment Eligibility Verification System or for an employer | 4 |
| to use an
Employment Eligibility Verification System to access | 5 |
| information regarding an individual who is
not an employee of | 6 |
| the employer. | 7 |
| (d) (Blank). Preemption. Neither the State nor any of its | 8 |
| political subdivisions, nor any unit of local government, | 9 |
| including a home rule unit, may require any employer to use an | 10 |
| Employment Eligibility Verification System, including under | 11 |
| the following circumstances: | 12 |
| (1) as a condition of receiving a government contract; | 13 |
| (2) as a condition of receiving a business license; or | 14 |
| (3) as penalty for violating licensing or other similar | 15 |
| laws. | 16 |
| This subsection (d)
is a denial and limitation of home rule | 17 |
| powers and functions under subsection (h) of Section 6 of | 18 |
| Article VII of the Illinois Constitution.
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| (Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10; revised | 20 |
| 11-4-09.)
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