Full Text of HB4421 100th General Assembly
HB4421 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4421 Introduced , by Rep. David B. Reis - Bill Mitchell - C.D. Davidsmeyer SYNOPSIS AS INTRODUCED: |
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Amends the Right to Privacy in the Workplace Act. Requires every employer, after hiring an employee, to verify the employment eligibility of the employee through the E-Verify program.
Provides that, in addition to any other requirement for an employer to receive a grant, loan, or performance-based incentive from any government entity, the employer shall register with and participate in the E-Verify program. Provides that before receiving the economic development incentive, the employer shall provide proof to the government entity that the employer is registered with and is participating in the E-Verify program. Provides that the State, its political subdivisions, and units of local government, including home rule units, shall require each employer to use an Employment Eligibility Verification System as a condition of receiving a government contract or a business license. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | 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 required . | 9 | | (a) On and after the effective date of this amendatory Act | 10 | | of the 100th General Assembly, every employer, after hiring an | 11 | | employee, shall verify the employment eligibility of the | 12 | | employee through the E-Verify program.
In addition to any other | 13 | | requirement for an employer to receive an economic development | 14 | | incentive from a government entity, the employer shall register | 15 | | with and participate in the E-Verify program. Before receiving | 16 | | the economic development incentive, the employer shall provide | 17 | | proof to the government entity that the employer is registered | 18 | | with and is participating in the E-Verify program. If the | 19 | | government entity determines that the employer is not complying | 20 | | with this subsection (a), the government entity shall notify | 21 | | the employer by certified mail of the government entity's | 22 | | determination of noncompliance and the employer's right to | 23 | | appeal the determination to the Department of Labor. On a final |
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| 1 | | determination of noncompliance by the Department of Labor or | 2 | | court, if the decision of the Department of Labor is appealed | 3 | | under the Administrative Review Law, the employer shall repay | 4 | | all moneys received as an economic development incentive to the | 5 | | government entity within 30 days of the final determination. | 6 | | For the purposes of this subsection (a): | 7 | | "Economic development incentive" means any grant, | 8 | | loan, or performance-based incentive from any government | 9 | | entity that is awarded on or after the effective date of | 10 | | this amendatory Act of the 100th General Assembly. | 11 | | "Employee" means a person who is employed by an | 12 | | employer in consideration for direct or indirect monetary | 13 | | wages or profits or a person who volunteers his or her | 14 | | services for a non-profit entity. | 15 | | "Employer" means a person, business, partnership, | 16 | | association, or corporation, including the State, unit of | 17 | | local government, or school district, trust, or non-profit | 18 | | entity, that employs the services of one or more individual | 19 | | persons. | 20 | | "Government entity" means this State and any political | 21 | | subdivision of this State, including a home rule unit. | 22 | | Every 3 months the Department of Labor shall request from | 23 | | the United States Department of Homeland Security a list of | 24 | | employers from this State that are registered with the E-Verify | 25 | | program. On receipt of the list of employers, the Department of | 26 | | Labor shall make the list available on the Department's |
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| 1 | | website. Prior to choosing to voluntarily enroll in any | 2 | | Electronic Employment Verification
System, including the | 3 | | E-Verify program and the Basic Pilot program, as authorized by | 4 | | 8 U.S.C.
1324a, Notes, Pilot Programs for Employment | 5 | | Eligibility Confirmation (enacted by P.L. 104-208, div. C, | 6 | | title IV, subtitle A), employers are urged to consult the | 7 | | Illinois Department of Labor's website for current information | 8 | | on the accuracy of E-Verify and to review and understand an | 9 | | employer's legal responsibilities relating to the use of the | 10 | | voluntary E-Verify program. | 11 | | (a-1) The Illinois Department of Labor (IDOL) shall post on | 12 | | its website information or
links to information from the United | 13 | | States Government Accountability Office, Westat, or a similar
| 14 | | reliable source independent of the Department of Homeland | 15 | | Security regarding: (1) the accuracy
of the E-Verify databases; | 16 | | (2) the approximate financial burden and expenditure of time | 17 | | that use
of E-Verify requires from employers; and (3) an | 18 | | overview of an employer's responsibilities under
federal and | 19 | | state law relating to the use of E-Verify. | 20 | | (b) Upon initial enrollment in an Employment Eligibility | 21 | | Verification System or within
30 days after the effective date | 22 | | of this amendatory Act of the 96th General Assembly, an
| 23 | | employer enrolled in E-Verify or any other Employment | 24 | | Eligibility Verification System must
attest, under penalty of | 25 | | perjury, on a form prescribed by the IDOL available on the IDOL | 26 | | website: |
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| 1 | | (1) that the employer has received the Basic Pilot or | 2 | | E-Verify training materials from the Department of | 3 | | Homeland Security (DHS), and that all employees who will | 4 | | administer the program have completed the Basic Pilot or | 5 | | E-Verify Computer Based Tutorial (CBT); and | 6 | | (2) that the employer has posted the notice from DHS | 7 | | indicating that the employer is enrolled in the Basic Pilot | 8 | | or E-Verify program and the anti-discrimination notice | 9 | | issued by the Office of Special Counsel for | 10 | | Immigration-Related Unfair Employment Practices (OSC), | 11 | | Civil Rights Division, U.S. Department of Justice in a | 12 | | prominent place that is clearly visible to both prospective | 13 | | and current employees. The employer must maintain the | 14 | | signed original of the attestation form prescribed by the | 15 | | IDOL, as well as all CBT certificates of completion and | 16 | | make them available for inspection or copying by the IDOL | 17 | | at any reasonable time. | 18 | | (c) It is a violation of this Act for an employer enrolled | 19 | | in an Employment Eligibility Verification System, including | 20 | | the E-Verify program and the Basic Pilot program: | 21 | | (1) to fail to display the notices supplied by DHS and | 22 | | OSC in a prominent place that is clearly visible to both | 23 | | prospective and current employees; | 24 | | (2) to allow any employee to use an Employment | 25 | | Eligibility Verification System prior to having completed | 26 | | CBT; |
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| 1 | | (3) to fail to take reasonable steps to prevent an | 2 | | employee from circumventing the
requirement to complete | 3 | | the CBT by assuming another employee's E-Verify or Basic | 4 | | Pilot user
identification or password; | 5 | | (4) to use the Employment Eligibility Verification | 6 | | System to verify the
employment eligibility of job | 7 | | applicants prior to hiring or to otherwise use the | 8 | | Employment
Eligibility Verification System to screen | 9 | | individuals prior to hiring and prior to the completion of
| 10 | | a Form I-9; | 11 | | (5) to terminate an employee or take any other adverse | 12 | | employment action against
an individual prior to receiving | 13 | | a final nonconfirmation notice from the Social
Security | 14 | | Administration or the Department of Homeland Security; | 15 | | (6) to fail to notify an individual, in writing, of the | 16 | | employer's
receipt of a tentative nonconfirmation notice, | 17 | | of the individual's right to contest the tentative
| 18 | | nonconfirmation notice, and of the contact information for | 19 | | the relevant government agency or
agencies that the | 20 | | individual must contact to resolve the tentative | 21 | | nonconfirmation notice; | 22 | | (7) to fail to safeguard the information contained in | 23 | | the Employment
Eligibility Verification System, and the | 24 | | means of access to the system (such as passwords and other | 25 | | privacy protections). An employer shall ensure that the | 26 | | System is not used for any purpose other than employment |
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| 1 | | verification of newly hired employees and shall ensure that | 2 | | the information contained in the
System and the means of | 3 | | access to the System are not disseminated to any person | 4 | | other than employees who need such information and access | 5 | | to perform the employer's employment verification | 6 | | responsibilities. | 7 | | (c-1) Any claim that an employer refused to hire, | 8 | | segregated, or acted with respect to
recruitment, hiring, | 9 | | promotion, renewal or employment, selection for training or | 10 | | apprenticeship,
discharge, discipline, tenure or terms, | 11 | | privileges, or conditions of employment without following
the | 12 | | procedures of the Employment Eligibility Verification System, | 13 | | including the Basic Pilot and
E-Verify programs, may be brought | 14 | | under paragraph (G)(2) of Section 2-102 of the Illinois
Human | 15 | | Rights Act. | 16 | | (c-2) It is a violation of this Section for an individual | 17 | | to falsely pose as an employer in
order to enroll in an | 18 | | Employment Eligibility Verification System or for an employer | 19 | | to use an
Employment Eligibility Verification System to access | 20 | | information regarding an individual who is
not an employee of | 21 | | the employer. | 22 | | (d) The Preemption. Neither the State , nor any of its | 23 | | political subdivisions, and units nor any unit of local | 24 | | government, including a home rule units unit , shall may require | 25 | | each any employer to use an Employment Eligibility Verification | 26 | | System , including under the following circumstances: |
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| 1 | | (1) as a condition of receiving a government contract; | 2 | | or | 3 | | (2) as a condition of receiving a business license ; or | 4 | | (3) as penalty for violating licensing or other similar | 5 | | laws . | 6 | | This subsection (d)
is a denial and limitation of home rule | 7 | | powers and functions under subsection (h) of Section 6 of | 8 | | Article VII of the Illinois Constitution.
| 9 | | (Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10; | 10 | | 96-1000, eff. 7-2-10.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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