Full Text of HB1146 96th General Assembly
HB1146 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1146
Introduced 2/11/2009, by Rep. Harry R. Ramey, Jr. SYNOPSIS AS INTRODUCED: |
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820 ILCS 55/12 |
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820 ILCS 55/15 |
from Ch. 48, par. 2865 |
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Amends the Right to Privacy in the Workplace Act. Provides that until such time as any Employment Verification System is able to automatically verify the work authorization status of 99% of employees, the Illinois Department of Labor shall post on its website a link to a federal government website that provides an employer information about the federal e-verify program (rather than discouraging employers from participating in such program and prohibiting the State of Illinois from participating in the program, unless otherwise required by federal law).
Eliminates the preemption provisions. Provides that the court shall award an employee or applicant for
employment prevailing in an action under the Act for a willful and knowing violation of the Act, $500 per affected employee
plus costs, reasonable attorney's fees, and actual damages. Provides that the provisions of the Act are severable. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1146 |
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LRB096 08020 RLC 18125 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 Sections 12 and 15 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 P.L. 104-208, div. C, title IV,
subtitle A), is | 14 |
| able to automatically verify the work authorization status of | 15 |
| 99% of employees, the Illinois Department of Labor shall post | 16 |
| on its website a link to a federal government website that | 17 |
| provides an employer information about the federal e-verify | 18 |
| program. | 19 |
| Employers are prohibited from enrolling in any Employment | 20 |
| Eligibility Verification System, including the Basic Pilot | 21 |
| program, as authorized by 8 U.S.C. 1324a, Notes, Pilot Programs | 22 |
| for Employment Eligibility Confirmation (enacted by PL | 23 |
| 104-208, div. C, title IV, subtitle A), until the Social |
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| Security Administration (SSA) and Department of Homeland | 2 |
| Security (DHS) databases are able to make a determination on | 3 |
| 99% of the tentative nonconfirmation notices issued to | 4 |
| employers within 3 days, unless otherwise required by federal | 5 |
| law. | 6 |
| (b) Upon initial enrollment in an
Employment Eligibility | 7 |
| Verification System or within 30 days after the effective date | 8 |
| of this amendatory Act of the 96th General Assembly, an | 9 |
| employer enrolled in an Employment Eligibility Verification | 10 |
| System must attest, Subject to subsection (a) of this Section, | 11 |
| an employer who enrolls in the Basic Pilot program is | 12 |
| prohibited from the Employment Eligibility Verification | 13 |
| Systems, to confirm the employment authorization of new hires | 14 |
| unless the employer attests, under penalty of perjury, on a | 15 |
| form prescribed by the Department of Labor: | 16 |
| (1) that the employer has received the Basic Pilot or | 17 |
| E-Verify training materials from the Department of | 18 |
| Homeland Security (DHS) DHS , and that all employees | 19 |
| personnel who will administer the program have completed | 20 |
| the Basic Pilot or E-Verify Computer Based Tutorial (CBT); | 21 |
| and | 22 |
| (2) that the employer has posted the notice from DHS | 23 |
| indicating that the employer is enrolled in the Basic Pilot | 24 |
| or E-Verify program and , the anti-discrimination notice | 25 |
| issued by the Office of Special Counsel for | 26 |
| Immigration-Related Unfair Employment Practices (OSC), |
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| Civil Rights Division, U.S. Department of Justice in a
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| prominent place that is clearly visible to prospective | 3 |
| employees , and the anti-discrimination notice issued by | 4 |
| the Illinois Department of Human Rights (IDHR) . | 5 |
| The employer must maintain the signed original of the | 6 |
| attestation form prescribed by the Department, as well as | 7 |
| copies of all CBT certificates of completion, and make them | 8 |
| available for inspection or copying by the Department at any | 9 |
| reasonable time. | 10 |
| (c) It is
a violation of this Act for an employer enrolled | 11 |
| in an Employment Eligibility Verification
System: | 12 |
| Responsibilities of employer using Employment Eligibility | 13 |
| Verification Systems. | 14 |
| (1) to fail to The employer shall display the notices | 15 |
| supplied by DHS and , OSC , and IDHR in a prominent place | 16 |
| that is clearly visible to prospective employees ; . | 17 |
| (2) to allow an employee to use an Employment
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| Eligibility Verification System prior to having completed | 19 |
| the CBT; The employer shall require that all employer | 20 |
| representatives performing employment verification queries | 21 |
| complete the CBT. The employer shall attest, under penalty | 22 |
| of perjury, on a form prescribed by the Department of | 23 |
| Labor, that the employer representatives completed the | 24 |
| CBT. | 25 |
| (3) to fail to The employer shall become familiar with | 26 |
| and comply with the Basic Pilot Manual. |
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| (4) The employer shall notify all prospective | 2 |
| employees at the time of application that such employment | 3 |
| verification system may be used for immigration | 4 |
| enforcement purposes. | 5 |
| (5) The employer shall provide all employees who | 6 |
| receive a tentative nonconfirmation with a referral letter | 7 |
| and contact information for what agency the employee must | 8 |
| contact to resolve the discrepancy. | 9 |
| (6) The employer shall comply with the Illinois Human | 10 |
| Rights Act and any applicable federal anti-discrimination | 11 |
| laws. | 12 |
| (7) The employer shall use the information it receives | 13 |
| from SSA or DHS only to confirm the employment eligibility | 14 |
| of newly-hired employees after completion of the Form I-9. | 15 |
| The employer shall safeguard the this information | 16 |
| contained in the Employment
Eligibility Verification | 17 |
| System , and the means of access to the System it (such as | 18 |
| passwords and other privacy protections) . An employer | 19 |
| shall , to ensure that the System it is not used for any | 20 |
| other purpose other than employment verification of | 21 |
| newly-hired employees and shall ensure as necessary to | 22 |
| protect its confidentiality, including ensuring that the | 23 |
| information contained in the
System and the means of access | 24 |
| to the System are it is not disseminated to any person | 25 |
| other than employees of the employer who need such | 26 |
| information and access it to perform the employer's |
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| employment verification responsibilities. All claims that | 2 |
| an employer refused to hire, segregated,
or acted with | 3 |
| respect to recruitment, hiring, promotion, renewal of | 4 |
| employment, selection for
training or apprenticeship, | 5 |
| discharge, discipline, tenure or terms, privileges, or | 6 |
| conditions of
employment without following the procedures | 7 |
| under the Basic Pilot or E-Verify program shall be
brought | 8 |
| under paragraph (G)(2) of Section 2-102 of the Illinois | 9 |
| Human Rights Act. | 10 |
| (d) (Blank). Preemption. No unit of local government, | 11 |
| including a home rule unit, may require any employer to use an | 12 |
| Employment Eligibility Verification System, including under | 13 |
| the following circumstances: | 14 |
| (1) as a condition of receiving a government contract; | 15 |
| (2) as a condition of receiving a business license; or | 16 |
| (3) as penalty for violating licensing or other similar | 17 |
| laws. | 18 |
| This subsection (d)
is a denial and limitation of home rule | 19 |
| powers and functions under subsection (h) of Section 6 of | 20 |
| Article VII of the Illinois Constitution.
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| (Source: P.A. 95-138, eff. 1-1-08.)
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| (820 ILCS 55/15) (from Ch. 48, par. 2865)
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| Sec. 15. Administration and enforcement.
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| (a) The Director of Labor or his authorized representative | 25 |
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administer and enforce the provisions of this Act. The |
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| Director of Labor
may issue rules and regulations necessary to | 2 |
| administer and enforce the
provisions of this Act.
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| (b) If an employee or applicant for employment alleges that | 4 |
| he or she
has been denied his or her rights under this Act, he | 5 |
| or she may file a
complaint with the Department of Labor. The | 6 |
| Department shall investigate
the complaint and shall have | 7 |
| authority to request the issuance of a search
warrant or | 8 |
| subpoena to inspect the files of the employer or prospective
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| employer, if necessary. The Department shall attempt to resolve | 10 |
| the
complaint by conference, conciliation, or persuasion. If | 11 |
| the complaint is
not so resolved and the Department finds the | 12 |
| employer or prospective
employer has violated the Act, the | 13 |
| Department may commence an action in the
circuit court to | 14 |
| enforce the provisions of this Act including an action to
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| compel compliance. The circuit court for the county in which | 16 |
| the
complainant resides or in which the complainant is employed | 17 |
| shall have
jurisdiction in such actions.
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| (c) If an employer or prospective employer violates this | 19 |
| Act, an
employee or applicant for employment may commence an | 20 |
| action in the circuit
court to enforce the provisions of this | 21 |
| Act, including actions to compel
compliance, where efforts to | 22 |
| resolve the employee's or applicant for
employment's complaint | 23 |
| concerning the violation by conference, conciliation
or | 24 |
| persuasion under subsection (b) have failed and the Department | 25 |
| has not
commenced an action in circuit court to redress the | 26 |
| violation. The circuit
court for the county in which the |
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| complainant resides or in which the
complainant is employed | 2 |
| shall have jurisdiction in such actions.
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| (d) Failure to comply with an order of the court may be | 4 |
| punished as
contempt. In addition, the court shall award an | 5 |
| employee or applicant for
employment prevailing in an action | 6 |
| under this Act the following damages:
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| (1) Actual damages plus costs.
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| (2) For a willful and knowing violation of this Act, | 9 |
| $200 plus costs,
reasonable attorney's fees, and actual | 10 |
| damages.
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| (3) For a willful and knowing violation of subsection | 12 |
| (c) of Section 12 of this Act, $500 per affected employee
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| plus costs, reasonable attorney's fees, and actual | 14 |
| damages. | 15 |
| (e) Any employer or prospective employer or his agent who | 16 |
| violates the
provisions of this Act is guilty of a petty | 17 |
| offense.
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| (f) Any employer or prospective employer, or the officer or | 19 |
| agent of any
employer or prospective employer, who discharges | 20 |
| or in any other manner
discriminates against any employee or | 21 |
| applicant for employment because that
employee or applicant for | 22 |
| employment has made a complaint to his employer,
or to the | 23 |
| Director or his authorized representative, or because that
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| employee or applicant for employment has caused to be | 25 |
| instituted or is
about to cause to be instituted any proceeding | 26 |
| under or related to this
Act, or because that employee or |
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| applicant for employment has testified or
is about to testify | 2 |
| in an investigation or proceeding under this Act, is
guilty of | 3 |
| a petty offense.
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| (Source: P.A. 87-807.)
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| Section 97. Severability. The provisions of this Act are | 6 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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