Bill Text: IL HB4421 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4421 Detail]

Download: Illinois-2017-HB4421-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4421 Introduced , by Rep. David B. Reis - Bill Mitchell - C.D. Davidsmeyer SYNOPSIS AS INTRODUCED:
820 ILCS 55/12
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
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Right to Privacy in the Workplace Act is
amended by changing Section 12 as follows:
(820 ILCS 55/12)
Sec. 12. Use of Employment Eligibility Verification
Systems required.
(a) On and after the effective date of this amendatory Act
of the 100th General Assembly, every employer, after hiring an
employee, shall verify the employment eligibility of the
employee through the E-Verify program. In addition to any other
requirement for an employer to receive an economic development
incentive from a government entity, the employer shall register
with and participate in the E-Verify program. 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. If the
government entity determines that the employer is not complying
with this subsection (a), the government entity shall notify
the employer by certified mail of the government entity's
determination of noncompliance and the employer's right to
appeal the determination to the Department of Labor. On a final

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determination of noncompliance by the Department of Labor or
court, if the decision of the Department of Labor is appealed
under the Administrative Review Law, the employer shall repay
all moneys received as an economic development incentive to the
government entity within 30 days of the final determination.
For the purposes of this subsection (a):
"Economic development incentive" means any grant,
loan, or performance-based incentive from any government
entity that is awarded on or after the effective date of
this amendatory Act of the 100th General Assembly.
"Employee" means a person who is employed by an
employer in consideration for direct or indirect monetary
wages or profits or a person who volunteers his or her
services for a non-profit entity.
"Employer" means a person, business, partnership,
association, or corporation, including the State, unit of
local government, or school district, trust, or non-profit
entity, that employs the services of one or more individual
persons.
"Government entity" means this State and any political
subdivision of this State, including a home rule unit.
Every 3 months the Department of Labor shall request from
the United States Department of Homeland Security a list of
employers from this State that are registered with the E-Verify
program. On receipt of the list of employers, the Department of
Labor shall make the list available on the Department's

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website. Prior to choosing to voluntarily enroll in any
Electronic Employment 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 P.L. 104-208, div. C,
title IV, subtitle A), 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.
(a-1) The Illinois Department of Labor (IDOL) shall post on
its website information or links to information from the United
States Government Accountability Office, Westat, or a similar
reliable source independent of the Department of Homeland
Security regarding: (1) the accuracy of the E-Verify databases;
(2) the approximate financial burden and expenditure of time
that use of E-Verify requires from employers; and (3) an
overview of an employer's responsibilities under federal and
state law relating to the use of E-Verify.
(b) Upon initial enrollment in an Employment Eligibility
Verification System or within 30 days after the effective date
of this amendatory Act of the 96th General Assembly, an
employer enrolled in E-Verify or any other Employment
Eligibility Verification System must attest, under penalty of
perjury, on a form prescribed by the IDOL available on the IDOL
website:

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(1) that the employer has received the Basic Pilot or
E-Verify training materials from the Department of
Homeland Security (DHS), and that all employees who will
administer the program have completed the Basic Pilot or
E-Verify Computer Based Tutorial (CBT); and
(2) that the employer has posted the notice from DHS
indicating that the employer is enrolled in the Basic Pilot
or E-Verify program and the anti-discrimination notice
issued by the Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC),
Civil Rights Division, U.S. Department of Justice in a
prominent place that is clearly visible to both prospective
and current employees. The employer must maintain the
signed original of the attestation form prescribed by the
IDOL, as well as all CBT certificates of completion and
make them available for inspection or copying by the IDOL
at any reasonable time.
(c) It is a violation of this Act for an employer enrolled
in an Employment Eligibility Verification System, including
the E-Verify program and the Basic Pilot program:
(1) to fail to display the notices supplied by DHS and
OSC in a prominent place that is clearly visible to both
prospective and current employees;
(2) to allow any employee to use an Employment
Eligibility Verification System prior to having completed
CBT;

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(3) to fail to take reasonable steps to prevent an
employee from circumventing the requirement to complete
the CBT by assuming another employee's E-Verify or Basic
Pilot user identification or password;
(4) to use the Employment Eligibility Verification
System to verify the employment eligibility of job
applicants prior to hiring or to otherwise use the
Employment Eligibility Verification System to screen
individuals prior to hiring and prior to the completion of
a Form I-9;
(5) to terminate an employee or take any other adverse
employment action against an individual prior to receiving
a final nonconfirmation notice from the Social Security
Administration or the Department of Homeland Security;
(6) to fail to notify an individual, in writing, of the
employer's receipt of a tentative nonconfirmation notice,
of the individual's right to contest the tentative
nonconfirmation notice, and of the contact information for
the relevant government agency or agencies that the
individual must contact to resolve the tentative
nonconfirmation notice;
(7) to fail to safeguard the information contained in
the Employment Eligibility Verification System, and the
means of access to the system (such as passwords and other
privacy protections). An employer shall ensure that the
System is not used for any purpose other than employment

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verification of newly hired employees and shall ensure that
the information contained in the System and the means of
access to the System are not disseminated to any person
other than employees who need such information and access
to perform the employer's employment verification
responsibilities.
(c-1) Any claim that an employer refused to hire,
segregated, or acted with respect to recruitment, hiring,
promotion, renewal or employment, selection for training or
apprenticeship, discharge, discipline, tenure or terms,
privileges, or conditions of employment without following the
procedures of the Employment Eligibility Verification System,
including the Basic Pilot and E-Verify programs, may be brought
under paragraph (G)(2) of Section 2-102 of the Illinois Human
Rights Act.
(c-2) It is a violation of this Section for an individual
to falsely pose as an employer in order to enroll in an
Employment Eligibility Verification System or for an employer
to use an Employment Eligibility Verification System to access
information regarding an individual who is not an employee of
the employer.
(d) The Preemption. Neither the State, nor any of its
political subdivisions, and units nor any unit of local
government, including a home rule units unit, shall may require
each any employer to use an Employment Eligibility Verification
System, including under the following circumstances:

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(1) as a condition of receiving a government contract;
or
(2) as a condition of receiving a business license; or
(3) as penalty for violating licensing or other similar
laws.
This subsection (d) is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10;
96-1000, eff. 7-2-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.