Bill Text: IL SB3186 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: 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).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-03-08 - Rule 3-9(a) / Re-referred to Assignments [SB3186 Detail]

Download: Illinois-2009-SB3186-Introduced.html

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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:
820 ILCS 55/12
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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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.
(a) Each employer shall enroll in an Prior to choosing to
voluntarily enroll in any Electronic Employment Verification
System or , 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 , 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;

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(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:
(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

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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;
(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

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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
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. ;

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(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) (Blank). Preemption. Neither the State nor any of its
political subdivisions, nor any unit of local government,
including a home rule unit, may require any employer to use an
Employment Eligibility Verification System, including under
the following circumstances:
(1) as a condition of receiving a government contract;
(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; revised
11-4-09.)