97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1969

 

Introduced , by Rep. Randy Ramey, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Taxpayers Protection Act. Prohibits any limitation on the enforcement of federal immigration laws to less than the full extent permitted by federal law. Provides that for any lawful stop, detention, or arrest made by a law enforcement official where reasonable suspicion exists that the person is an alien unlawfully present in the U.S., a reasonable attempt shall, where practicable, be made to determine the immigration status of the person. Provides that an arrested person shall have his or her immigration status determined by the federal government before release. Provides penalties for willful failure to carry an alien registration document and for a person who is an unauthorized alien to seek employment. Provides that an employer shall not knowingly or intentionally employ an unauthorized alien and provides for sanctions. Provides that race, color, or national origin may not be considered in implementing the requirements of the Act except to the extent permitted by the U.S. or Illinois Constitution. Provides that the Act shall not be construed to require an employer to take action the employer believes in good faith would violate federal or State law. Provides that employers must verify the employment eligibility of all new employees and creates the voluntary employer enhanced compliance program. Makes it unlawful to hire and pick up passengers for work if doing so blocks or impedes traffic. Provides penalties for transporting, moving, concealing, harboring, or shielding unlawful aliens. Amends various Acts to make conforming changes. Preempts home rule. Provides that the provisions of the Act are severable.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1969LRB097 09009 HEP 49143 b

1    AN ACT concerning aliens.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Taxpayers Protection Act.
 
6    Section 5. Intent. The General Assembly finds that there is
7a compelling interest in the cooperative enforcement of federal
8immigration laws throughout all of Illinois. The General
9Assembly declares that the intent of this Act is to make
10attrition through enforcement the public policy of all State
11and local government agencies in Illinois. The provisions of
12this Act are intended to work together to discourage and deter
13the unlawful entry and presence of aliens and economic activity
14by persons unlawfully present in the United States.
 
15    Section 10. Definitions. For purposes of this Act:
16    (a) "Agency" means any agency, department, board, or
17commission of this State or a county or municipality that
18issues a license for purposes of operating a business in this
19State.
20    (b) "Department" means the Illinois Department of Labor.
21    (c) "Employ" means hiring an employee on or after January
221, 2012.

 

 

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1    (d) "Employee" means any person who provides services or
2labor for an employer in this State for wages or other
3remuneration, excluding an independent contractor.
4    (e) "Employer" means any individual or type of organization
5that transacts business in this State, that has a license
6issued by an agency in this State, and that employs one or more
7employees in this State. "Employer" includes this State, any
8political subdivision of this State, and self-employed
9persons. In the case of an independent contractor, "employer"
10means the independent contractor and does not mean the person
11or organization that uses the contract labor.
12    (f) "E-Verify program" means the employment verification
13pilot program as jointly administered by the United States
14Department of Homeland Security and the Social Security
15Administration or any of its successor programs.
16    (g) "Independent contractor" means any individual or
17entity that carries on an independent business, that contracts
18to do a piece of work according to the individual's or entity's
19own means and methods, and that is subject to control only as
20to results. Whether an individual or entity is an independent
21contractor is determined on a case-by-case basis through
22various factors, including whether the individual or entity:
23(i) supplies the tools or materials; (ii) makes services
24available to the general public; (iii) works or may work for a
25number of clients at the same time; (iv) has an opportunity for
26profit or loss as a result of labor or service provided; (v)

 

 

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1invests in the facilities for work; (vi) directs the order or
2sequence in which the work is completed; or (vii) determines
3the hours when the work is completed. Independent contractor
4status applies to an individual who performs services and is
5not an employee pursuant to Section 3508 of the Internal
6Revenue Code.
7    (h) "Intentionally" means, with respect to a result or to
8conduct described by a statute defining an offense, that a
9person's objective is to cause that result or to engage in that
10conduct.
11    (i) "Knowingly employ an unauthorized alien" means the
12actions described in 8 U.S.C. 1324a. This term shall be
13interpreted consistently with 8 U.S.C. 1324a and any applicable
14federal rules and regulations.
15    (j) "License" means any agency permit, certificate,
16approval, registration, charter, or similar form of
17authorization that is required by law and that is issued by any
18agency for the purposes of operating a business in this State.
19This definition excludes professional licenses.
20    (k) "Social security number verification service" means
21the program administered by the Social Security Administration
22or any of its successor programs.
23    (l) "Solicit" means verbal or nonverbal communication by a
24gesture or a nod that would indicate to a reasonable person
25that a person is willing to be employed.
26    (m) "Unauthorized alien" means an alien who does not have

 

 

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1the legal right or authorization under federal law to work in
2the United States as described in 8 U.S.C. 1324a(h)(3).
 
3    Section 15. Cooperation and assistance in enforcement of
4immigration laws; indemnification.
5    (a) No official or agency of this State or a political
6subdivision of this State may limit or restrict the enforcement
7of federal immigration laws to less than the full extent
8permitted by federal law.
9    (b) For any lawful stop, detention, or arrest made by a law
10enforcement official or a law enforcement agency of this State
11or a law enforcement official or a law enforcement agency of a
12political subdivision of this State in the enforcement of any
13other law of this State or ordinance of a county or
14municipality where reasonable suspicion exists that the person
15is an alien and is unlawfully present in the United States, a
16reasonable attempt shall be made, when practicable, to
17determine the immigration status of the person, except if the
18determination may hinder or obstruct an investigation. Any
19person who is arrested shall have the person's immigration
20status determined before the person is released. The person's
21immigration status shall be verified with the federal
22government pursuant to 8 U.S.C. 1373(c). A law enforcement
23official or agency of this State or a political subdivision of
24this State may not consider race, color, or national origin in
25implementing the requirements of this subsection (b) except to

 

 

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1the extent permitted by the United States or Illinois
2Constitution. A person is presumed to not be an alien who is
3unlawfully present in the United States if the person provides
4to the law enforcement officer or agency any of the following:
5        (1) a valid Illinois driver's license;
6        (2) a valid Illinois Identification Card;
7        (3) if the entity requires proof of legal presence in
8    the United States before issuance, any valid United States
9    federal, State, or local government issued identification.
10    (c) If an alien who is unlawfully present in the United
11States is convicted of a violation of State or local law, on
12discharge from imprisonment or on the assessment of any
13monetary obligation that is imposed, the United States
14Immigration and Customs Enforcement or the United States
15Customs and Border Protection shall be immediately notified.
16    (d) Notwithstanding any other law, a law enforcement agency
17may securely transport an alien whom the agency has received
18verification is unlawfully present in the United States and who
19is in the agency's custody to a federal facility in this State
20or to any other point of transfer into federal custody that is
21outside the jurisdiction of the law enforcement agency. A law
22enforcement agency shall obtain judicial authorization before
23securely transporting an alien who is unlawfully present in the
24United States to a point of transfer that is outside of this
25State.
26    (e) In the implementation of this Section, an alien's

 

 

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1immigration status may be determined by:
2        (1) a law enforcement officer who is authorized by the
3    federal government to verify or ascertain an alien's
4    immigration status;
5        (2) the United States Immigration and Customs
6    Enforcement or the United States Customs and Border
7    Protection pursuant to 8 U.S.C. 1373(c).
8    (f) Except as provided in federal law, officials or
9agencies of this State and political subdivisions of this State
10may not be prohibited or in any way be restricted from sending,
11receiving, or maintaining information relating to the
12immigration status, lawful or unlawful, of any individual or
13exchanging that information with any other federal, State, or
14local governmental entity for the following official purposes:
15        (1) determining eligibility for any public benefit,
16    service, or license provided by any federal, State, or
17    other political subdivision of this State;
18        (2) verifying any claim of residence or domicile if
19    determination of residence or domicile is required under
20    the laws of this State or a judicial order issued pursuant
21    to a civil or criminal proceeding in this State;
22        (3) if the person is an alien, determining whether the
23    person is in compliance with the federal registration laws
24    prescribed by Title II, Chapter 7 of the federal
25    Immigration and Nationality Act; and
26        (4) pursuant to 8 U.S.C. 1373 and 8 U.S.C. 1644.

 

 

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1    (g) This Section does not implement, authorize, or
2establish and shall not be construed to implement, authorize,
3or establish the Real ID Act of 2005 (P.L. 109-13, Division B;
4119 Stat. 302), including the use of a radio frequency
5identification chip.
6    (h) A person who is a legal resident of this State may
7bring an action in circuit court to challenge any official or
8agency of this State or a political subdivision of this State
9that adopts or implements a policy that limits or restricts the
10enforcement of federal immigration laws, including 8 U.S.C.
111373 and 1644, to less than the full extent permitted by
12federal law. If there is a judicial finding that an entity has
13violated this Section, the court shall order that the entity
14pay a civil penalty of not less than $500 and not more than
15$5,000 for each day that the policy has remained in effect
16after the filing of an action pursuant to this subsection.
17    (i) A court shall collect the civil penalty prescribed in
18subsection (h) of this Section and remit the civil penalty to
19the State Treasurer for deposit in the Immigration Law
20Enforcement Fund established by Section 55 of this Act.
21    (j) The court may award court costs and reasonable
22attorney's fees to any person or any official or agency of this
23State or a political subdivision of this State that prevails by
24an adjudication on the merits in a proceeding brought pursuant
25to this Section.
26    (k) Except in relation to matters in which the officer is

 

 

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1adjudged to have acted in bad faith, a law enforcement officer
2is indemnified by the law enforcement officer's agency against
3reasonable costs and expenses, including attorney fees,
4incurred by the officer in connection with any action, suit, or
5proceeding brought pursuant to this Section in which the
6officer may be a defendant by reason of the officer being or
7having been a member of the law enforcement agency.
8    (l) This Section shall be implemented in a manner
9consistent with federal laws regulating immigration,
10protecting the civil rights of all persons, and respecting the
11privileges and immunities of United States citizens.
 
12    Section 20. Willful failure to complete or carry an alien
13registration document; assessment; exception; authenticated
14records; classification.
15    (a) In addition to any violation of federal law, a person
16is guilty of willful failure to complete or carry an alien
17registration document if the person is in violation of 8 U.S.C.
181304(e) or 1306(a).
19    (b) In the enforcement of this Section, an alien's
20immigration status may be determined by:
21        (1) a law enforcement officer who is authorized by the
22    federal government to verify or ascertain an alien's
23    immigration status; or
24        (2) the United States Immigration and Customs
25    Enforcement or the United States Customs and Border

 

 

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1    Protection pursuant to 8 U.S.C. 1373(c).
2    (c) A law enforcement official or agency of this State or a
3political subdivision of this State may not consider race,
4color, or national origin in the enforcement of this Section
5except to the extent permitted by the United States or Illinois
6Constitution.
7    (d) A person who is sentenced pursuant to this Section is
8not eligible for suspension of sentence, probation,
9conditional discharge, pardon, commutation of sentence, or
10release from confinement on any basis except for medical
11treatment or work release as authorized by the Unified Code of
12Corrections or the County Jail Act until the sentence imposed
13by the court has been served or the person is eligible for
14release pursuant to Section 3 of the County Jail Good Behavior
15Allowance Act.
16    (e) In addition to any other penalty prescribed by law, the
17court shall order the person to pay jail costs.
18    (f) This Section does not apply to a person who maintains
19authorization from the federal government to remain in the
20United States.
21    (g) Any record that relates to the immigration status of a
22person is admissible in any court without further foundation or
23testimony from a custodian of records if the record is
24certified as authentic by the government agency that is
25responsible for maintaining the record.
26    (h) A violation of this Section is a Class C misdemeanor,

 

 

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1except that the maximum fine is $100 and for a first violation
2of this Section, the court shall not sentence the person to
3more than 20 days in jail and for a second or subsequent
4violation, the court shall not sentence the person to more than
530 days in jail.
 
6    Section 25. Unlawful application, solicitation, or
7employment; classification; definitions.
8    (a) It is unlawful for a person who is unlawfully present
9in the United States and who is an unauthorized alien to
10knowingly apply for work, solicit work in a public place, or
11perform work as an employee or independent contractor in this
12State.
13    (b) A law enforcement official or agency of this State or a
14political subdivision of this State may not consider race,
15color, or national origin in the enforcement of this Section
16except to the extent permitted by the United States or Illinois
17Constitution.
18    (c) In the enforcement of this Section, an alien's
19immigration status may be determined by:
20        (1) a law enforcement officer who is authorized by the
21    federal government to verify or ascertain an alien's
22    immigration status;
23        (2) the United States Immigration and Customs
24    Enforcement or the United States Customs and Border
25    Protection pursuant to 8 U.S.C. 1373(c).

 

 

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1    (d) Sentence. A violation of this Section is a Class B
2misdemeanor.
 
3    Section 30. Knowingly or intentionally employing
4unauthorized aliens; prohibition; false and frivolous
5complaints; violation; classification; license suspension and
6revocation; affirmative defense.
7    (a) An employer shall not knowingly or intentionally employ
8an unauthorized alien. If, in the case when an employer uses a
9contract, subcontract, or other independent contractor
10agreement to obtain the labor of an alien in this State, the
11employer knowingly or intentionally contracts with an
12unauthorized alien or with a person who employs or contracts
13with an unauthorized alien to perform the labor, the employer
14violates this subsection.
15    (b) The Department of Labor shall prescribe a complaint
16form for a person to allege a violation of subsection (a) of
17this Section. The complainant shall not be required to list the
18complainant's social security number on the complaint form or
19to have the complaint form notarized. On receipt of a complaint
20on a prescribed complaint form that an employer allegedly
21knowingly or intentionally employs an unauthorized alien, the
22Department or State's Attorney shall investigate whether the
23employer has violated subsection (a) of this Section. If a
24complaint is received but is not submitted on a prescribed
25complaint form, the Department or State's Attorney may

 

 

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1investigate whether the employer has violated subsection (a) of
2this Section. This subsection shall not be construed to
3prohibit the filing of anonymous complaints that are not
4submitted on a prescribed complaint form. The Department or
5State's Attorney shall not investigate complaints that are
6based solely on race, color, or national origin. A complaint
7that is submitted to a State's Attorney shall be submitted to
8the State's Attorney in the county in which the alleged
9unauthorized alien is or was employed by the employer. The
10county sheriff or any other local law enforcement agency may
11assist in investigating a complaint. When investigating a
12complaint, the Department of Labor or State's Attorney shall
13verify the work authorization of the alleged unauthorized alien
14with the federal government pursuant to 8 U.S.C. 1373(c). In
15order to implement this Section, the Department may take
16evidence, administer oaths or affirmations, issue subpoenas
17requiring attendance and testimony of witnesses, and cause
18depositions to be taken. A State, county, or local official
19shall not attempt to independently make a final determination
20on whether an alien is authorized to work in the United States.
21An alien's immigration status or work authorization status
22shall be verified with the federal government pursuant to 8
23U.S.C. 1373(c). A person who knowingly files a false and
24frivolous complaint under this subsection is guilty of a Class
25C misdemeanor.
26    (c) If, after an investigation, the Department of Labor or

 

 

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1State's Attorney determines that the complaint is not false and
2frivolous:
3        (i) The Department or State's Attorney shall notify the
4    United States Immigration and Customs Enforcement of the
5    unauthorized alien.
6        (ii) The Department or State's Attorney shall notify
7    the local law enforcement agency of the unauthorized alien.
8        (iii) The Department shall notify the appropriate
9    State's Attorney to bring an action pursuant to subsection
10    (d) of this Section if the complaint was originally filed
11    with the Department.
12    (d) An action for a violation of subsection (a) of this
13Section shall be brought against the employer by the State's
14Attorney in the county where the unauthorized alien employee is
15or was employed by the employer. The State's Attorney shall not
16bring an action against any employer for any violation of
17subsection (a) of this Section that occurs before January 1,
182012. A second violation of this Section shall be based only on
19an unauthorized alien who is or was employed by the employer
20after an action has been brought for a violation of subsection
21(a) of this Section.
22    (e) For any action in court under this Section, the court
23shall expedite the action, including assigning the hearing at
24the earliest practicable date.
25    (f) On a finding of a violation of subsection (a) of this
26Section:

 

 

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1        (i) For a first violation, as described in paragraph
2    (iii) of this subsection, the court:
3            (1) Shall order the employer to terminate the
4        employment of all unauthorized aliens.
5            (2) Shall order the employer to be subject to a
6        probationary period for the business location where
7        the unauthorized alien performed work. If an employer
8        is found to have knowingly violated subsection (a) of
9        this Section, the probationary period will be 3 years.
10        If an employer is found to have intentionally violated
11        subsection (a) of this Section, the probationary
12        period will be 5 years. During the probationary period,
13        the employer shall file quarterly reports with the
14        State's Attorney of each new employee who is hired by
15        the employer at the business location where the
16        unauthorized alien performed work. Employers shall
17        report by submitting a W-4 form or an equivalent form
18        at the option of the employer. The report shall
19        contain: (A) the employee's name, address, and social
20        security number; and (B) the employer's name, address,
21        and federal tax identification number.
22            (3) Shall order the employer to file a signed sworn
23        affidavit with the State's Attorney within 3 business
24        days after the order is issued. The affidavit shall
25        state that the employer has terminated the employment
26        of all unauthorized aliens in this State and that the

 

 

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1        employer will not intentionally or knowingly employ an
2        unauthorized alien in this State. The court shall order
3        the appropriate agencies to suspend all licenses
4        subject to this paragraph that are held by the employer
5        if the employer fails to file a signed sworn affidavit
6        with the State's Attorney within 3 business days after
7        the order is issued. All licenses that are suspended
8        under this paragraph shall remain suspended until the
9        employer files a signed sworn affidavit with the
10        State's Attorney. Notwithstanding any other law, on
11        filing of the affidavit the suspended licenses shall be
12        reinstated immediately by the appropriate agencies.
13        For the purposes of this paragraph, the licenses that
14        are subject to suspension under this paragraph are all
15        licenses that are held by the employer specific to the
16        business location where the unauthorized alien
17        performed work. If the employer does not hold a license
18        specific to the business location where the
19        unauthorized alien performed work, but a license is
20        necessary to operate the employer's business in
21        general, the licenses that are subject to suspension
22        under this paragraph are all licenses that are held by
23        the employer at the employer's primary place of
24        business. On receipt of the court's order and
25        notwithstanding any other law, the appropriate
26        agencies shall suspend the licenses according to the

 

 

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1        court's order. The court shall send a copy of the
2        court's order to the Department of Labor and the
3        Department shall maintain the copy pursuant to
4        subsection (g) of this Section.
5            (4) If an employer is found to have knowingly
6        violated subsection (a) of this Section, the court may
7        order the appropriate agencies to suspend all licenses
8        described in paragraph (3) of this subsection that are
9        held by the employer for not to exceed 10 business
10        days. The court shall base its decision to suspend
11        under this paragraph (4) on any evidence or information
12        submitted to it during the action for a violation of
13        this subsection and shall consider the following
14        factors, if relevant: (A) the number of unauthorized
15        aliens employed by the employer; (B) any prior
16        misconduct by the employer; (C) the degree of harm
17        resulting from the violation; (D) whether the employer
18        made good faith efforts to comply with any applicable
19        requirements; (E) the duration of the violation; (F)
20        the role of the directors, officers, or principals of
21        the employer in the violation; and (G) any other
22        factors the court deems appropriate.
23            (5) If an employer is found to have intentionally
24        violated subsection (a) of this Section, the court
25        shall order the appropriate agencies to suspend all
26        licenses described in paragraph (3) of this subsection

 

 

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1        that are held by the employer for a minimum of 10 days.
2        The court shall base its decision on the length of the
3        suspension under this paragraph (5) on any evidence or
4        information submitted to it during the action for a
5        violation of this subsection and shall consider the
6        following factors, if relevant: (A) the number of
7        unauthorized aliens employed by the employer; (B) any
8        prior misconduct by the employer; (C) the degree of
9        harm resulting from the violation; (D) whether the
10        employer made good faith efforts to comply with any
11        applicable requirements; (E) the duration of the
12        violation; (F) the role of the directors, officers, or
13        principals of the employer in the violation; or (G) any
14        other factors the court deems appropriate.
15        (ii) For a second violation, as described in paragraph
16    (iii) of this subsection, the court shall order the
17    appropriate agencies to permanently revoke all licenses
18    that are held by the employer specific to the business
19    location where the unauthorized alien performed work. If
20    the employer does not hold a license specific to the
21    business location where the unauthorized alien performed
22    work, but a license is necessary to operate the employer's
23    business in general, the court shall order the appropriate
24    agencies to permanently revoke all licenses that are held
25    by the employer at the employer's primary place of
26    business. On receipt of the order and notwithstanding any

 

 

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1    other law, the appropriate agencies shall immediately
2    revoke the licenses.
3        (iii) The violation shall be considered:
4            (1) A first violation by an employer at a business
5        location if the violation did not occur during a
6        probationary period ordered by the court under this
7        subsection for that employer's business location.
8            (2) A second violation by an employer at a business
9        location if the violation occurred during a
10        probationary period ordered by the court under this
11        subsection for that employer's business location.
12    (g) The Department of Labor shall maintain copies of court
13orders that are received pursuant to subsection (f) of this
14Section and shall maintain a database of the employers and
15business locations that have a first violation of subsection
16(a) of this Section and make the court orders available on the
17Department's website.
18    (h) On determining whether an employee is an unauthorized
19alien, the court shall consider only the federal government's
20determination pursuant to 8 U.S.C. 1373(c). The federal
21government's determination creates a rebuttable presumption of
22the employee's lawful status. The court may take judicial
23notice of the federal government's determination and may
24request the federal government to provide automated or
25testimonial verification pursuant to 8 U.S.C. 1373(c).
26    (i) For the purposes of this Section, proof of verifying

 

 

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1the employment authorization of an employee through the
2E-Verify program creates a rebuttable presumption that an
3employer did not knowingly or intentionally employ an
4unauthorized alien.
5    (j) For the purposes of this Section, an employer that
6establishes that it has complied in good faith with the
7requirements of 8 U.S.C. 1324a(b) establishes an affirmative
8defense that the employer did not knowingly or intentionally
9employ an unauthorized alien. An employer is considered to have
10complied with the requirements of 8 U.S.C. 1324a(b),
11notwithstanding an isolated, sporadic, or accidental technical
12or procedural failure to meet the requirements, if there is a
13good faith attempt to comply with the requirements.
14    (k) It is an affirmative defense to a violation of
15subsection (a) of this Section that the employer was entrapped.
16To claim entrapment, the employer must admit by the employer's
17testimony or other evidence the substantial elements of the
18violation. An employer who asserts an entrapment defense has
19the burden of proving the following by a preponderance of the
20evidence:
21        (i) The idea of committing the violation started with
22    law enforcement officers or their agents rather than with
23    the employer.
24        (ii) The law enforcement officers or their agents urged
25    and induced the employer to commit the violation.
26        (iii) The employer was not predisposed to commit the

 

 

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1    violation before the law enforcement officers or their
2    agents urged and induced the employer to commit the
3    violation.
4    (l) An employer does not establish entrapment if the
5employer was predisposed to violate subsection (a) of this
6Section and the law enforcement officers or their agents merely
7provided the employer with an opportunity to commit the
8violation. It is not entrapment for law enforcement officers or
9their agents merely to use a ruse or to conceal their identity.
10The conduct of law enforcement officers and their agents may be
11considered in determining if an employer has proven entrapment.
 
12    Section 35. Employer actions; federal or State law
13compliance. This Act shall not be construed to require an
14employer to take any action that the employer believes in good
15faith would violate federal or State law.
 
16    Section 40. Voluntary employer enhanced compliance
17program.
18    (a) The Department of Labor shall establish the voluntary
19employer enhanced compliance program. The program is voluntary
20and an employer is not required to enroll in the program.
21    (b) An employer that is on probation under Section 30 or 35
22of this Act may not enroll in the voluntary employer enhanced
23compliance program. A court shall not consider non-enrollment
24in the voluntary employer enhanced compliance program as a

 

 

HB1969- 21 -LRB097 09009 HEP 49143 b

1factor when determining whether to suspend or revoke a license
2under Section 30 or 35 of this Act.
3    (c) To enroll in the voluntary employer enhanced compliance
4program, an employer shall submit a signed sworn affidavit to
5the Department. The affidavit shall state that the employer
6agrees to perform all of the following actions in good faith:
7        (i) After hiring an employee, the employer shall verify
8    the employment eligibility of the employee through the
9    E-Verify program.
10        (ii) To ensure the accuracy of reporting wages to the
11    Social Security Administration, the employer shall verify
12    the accuracy of social security numbers through the social
13    security number verification service for any employee who
14    is not verified through the E-Verify program. Within 30
15    days after enrolling in the voluntary employer enhanced
16    compliance program, the employer shall submit the
17    necessary information to the social security number
18    verification service, including the full name, the social
19    security number, the date of birth, and the gender of each
20    employee. On receipt of a failed verification result, the
21    employer shall notify the employee of the date on which the
22    employer received the failed result and instruct the
23    employee to resolve the discrepancy with the Social
24    Security Administration within 90 days after that date. The
25    employer and employee shall resolve any failed result
26    within 90 days after the date on which the employer

 

 

HB1969- 22 -LRB097 09009 HEP 49143 b

1    received the failed result. If the failed result is not
2    resolved within the 90-day period but the employer and
3    employee are continuing to actively and consistently work
4    toward resolving the failed result with the Social Security
5    Administration, the 90-day period does not apply as long as
6    the employer and employee have documented proof of these
7    ongoing efforts to resolve the failed result in good faith
8    and have provided the documented proof to the Department.
9    The employer shall verify the accuracy of the social
10    security numbers and resolve any failed verification
11    results in a consistent manner for all employees.
12        (iii) In response to a written request by the
13    Department or State's Attorney stating the name of an
14    employee for whom a complaint has been received under
15    Section 30 or 35 of this Act, the employer shall provide
16    the Department or State's Attorney the documents
17    indicating that the employee was verified through the
18    E-Verify program or that the accuracy of the employee's
19    wage report was verified through the social security number
20    verification service under this Section.
21    (d) An employer that is enrolled in the voluntary employer
22enhanced compliance program shall not be in violation of
23subsection (a) of Section 30 of this Act or subsection (a) of
24Section 35 of this Act regarding an employee named in a
25complaint under Section 30 or 35 of this Act if the employer
26has completed both of the following:

 

 

HB1969- 23 -LRB097 09009 HEP 49143 b

1        (i) In good faith verified the employment eligibility
2    of the employee named in the complaint through the E-Verify
3    program or in good faith verified the accuracy of the
4    social security number of the employee named in the
5    complaint through the social security number verification
6    system as required by paragraphs (i) and (ii) of subsection
7    (c) of this Section.
8        (ii) Provided the Department or State's Attorney with
9    the documents, as required by paragraph (iii) of subsection
10    (c) of this Section, indicating that the employer verified
11    the employee named in the complaint.
12    (e) The Department shall maintain a list of employers
13enrolled in the voluntary employer enhanced compliance program
14and make the list available on the Department's website.
15    (f) The Department shall develop a form of recognition that
16an employer may display to the general public for enrolling in
17the voluntary employer enhanced compliance program.
18    (g) If an employer does not fully comply with this Section,
19the Department shall terminate the employer's enrollment in the
20voluntary employer enhanced compliance program. At any time, an
21employer may voluntarily withdraw from the voluntary employer
22enhanced compliance program by notifying the Department.
23Beginning on the date of termination or withdrawal, subsection
24(d) of this Section no longer applies to the employer and the
25employer shall immediately remove any form of recognition from
26public display that is authorized under this Section.
 

 

 

HB1969- 24 -LRB097 09009 HEP 49143 b

1    Section 45. Immigration Law Enforcement Fund. The
2Immigration Law Enforcement Fund is established in the State
3treasury consisting of moneys deposited pursuant to Section 15
4of this Act and moneys appropriated by the General Assembly.
5The Department of State Police shall administer the Fund.
6Moneys in the Fund are subject to appropriation by the General
7Assembly and shall be used for immigration enforcement and for
8county jail reimbursement costs relating to illegal
9immigration.
 
10    Section 50. Home rule preemption. This Act is a denial and
11limitation of home rule powers and functions under subsection
12(h) of Section 6 of Article VII of the Illinois Constitution.
 
13    Section 105. The State Finance Act is amended by adding
14Section 5.786 as follows:
 
15    (30 ILCS 105/5.786 new)
16    Sec. 5.786. The Immigration Law Enforcement Fund.
 
17    Section 110. The Illinois Vehicle Code is amended by adding
18Sections 11-1308 and 11-1309 as follows:
 
19    (625 ILCS 5/11-1308 new)
20    Sec. 11-1308. Unlawful stopping to hire and pick up

 

 

HB1969- 25 -LRB097 09009 HEP 49143 b

1passengers for work.
2    (a) It is unlawful for an occupant of a motor vehicle that
3is stopped on a street, roadway, or highway to attempt to hire
4or hire and pick up passengers for work at a different location
5if the motor vehicle blocks or impedes the normal movement of
6traffic.
7    (b) It is unlawful for a person to enter a motor vehicle
8that is stopped on a street, roadway, or highway in order to be
9hired by an occupant of the motor vehicle and to be transported
10to work at a different location if the motor vehicle blocks or
11impedes the normal movement of traffic.
12    (c) Sentence. A violation of this Section is a Class B
13misdemeanor.
14    (d) In the implementation of this Section, an alien's
15immigration status may be determined by:
16        (1) a law enforcement officer who is authorized by the
17    federal government to verify or ascertain an alien's
18    immigration status;
19        (2) the United States Immigration and Customs
20    Enforcement or the United States Customs and Border
21    Protection pursuant to 8 U.S.C. 1373(c).
 
22    (625 ILCS 5/11-1309 new)
23    Sec. 11-1309. Unlawful transporting, moving, concealing,
24harboring, or shielding of unlawful aliens; vehicle
25impoundment; exception, classification.

 

 

HB1969- 26 -LRB097 09009 HEP 49143 b

1    (a) It is unlawful for a person who is in violation of a
2criminal offense to:
3        (1) transport or move or attempt to transport or move
4    an alien in this State, in furtherance of the illegal
5    presence of the alien in the United States, in a means of
6    transportation if the person knows or recklessly
7    disregards the fact that the alien has come to, has entered
8    or remains in the United States in violation of law;
9        (2) conceal, harbor, or shield or attempt to conceal,
10    harbor, or shield an alien from detection in any place in
11    this State, including any building or any means of
12    transportation, if the person knows or recklessly
13    disregards the fact that the alien has come to, has entered
14    or remains in the United States in violation of law; or
15        (3) encourage or induce an alien to come to or reside
16    in this State if the person knows or recklessly disregards
17    the fact that such coming to, entering, or residing in this
18    State is or will be in violation of law.
19    (b) A means of transportation that is used in the
20commission of a violation of this Section is subject to
21mandatory vehicle immobilization or impoundment.
22    (c) A law enforcement official or agency of this State or a
23political subdivision of this State may not consider race,
24color, or national origin in the enforcement of this Section
25except to the extent permitted by the United States or Illinois
26Constitution.

 

 

HB1969- 27 -LRB097 09009 HEP 49143 b

1    (d) In the enforcement of this Section, an alien's
2immigration status may be determined by:
3        (1) a law enforcement officer who is authorized by the
4    federal government to verify or ascertain an alien's
5    immigration status; or
6        (2) the United States Immigration and Customs
7    Enforcement or the United States Customs and Border
8    Protection pursuant to 8 U.S.C. 1373(c).
9    (e) This Section does not apply to a child protective
10services worker acting in the worker's official capacity or a
11person who is acting in the capacity of a first responder, an
12ambulance attendant, or an emergency medical technician and who
13is transporting or moving an alien in this State pursuant to
14the Emergency Medical Services (EMS) Systems Act.
15    (f) A person who violates this Section is guilty of a Class
16B misdemeanor and is subject to a fine of at least $1,000,
17except that a violation of this Section that involves 10 or
18more illegal aliens is a Class 4 felony and the person is
19subject to a fine of at least $1,000 for each alien who is
20involved.
 
21    Section 115. The Criminal Code of 1961 is amended by
22changing Section 36-1 as follows:
 
23    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
24    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used

 

 

HB1969- 28 -LRB097 09009 HEP 49143 b

1with the knowledge and consent of the owner in the commission
2of, or in the attempt to commit as defined in Section 8-4 of
3this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
411-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2,
512-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if
6the theft is of precious metal or of scrap metal, 18-2, 19-1,
719-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or
829D-15.2 of this Code, paragraph (a) of Section 12-4 of this
9Code, paragraph (a) of Section 12-15 or paragraphs (a), (c) or
10(d) of Section 12-16 of this Code, or paragraph (a)(6) or
11(a)(7) of Section 24-1 of this Code; (b) Section 21, 22, 23, 24
12or 26 of the Cigarette Tax Act if the vessel, vehicle or
13aircraft contains more than 10 cartons of such cigarettes; (c)
14Section 28, 29 or 30 of the Cigarette Use Tax Act if the
15vessel, vehicle or aircraft contains more than 10 cartons of
16such cigarettes; (d) Section 44 of the Environmental Protection
17Act; (e) 11-204.1 of the Illinois Vehicle Code; (f) (1) driving
18under the influence of alcohol or other drug or drugs,
19intoxicating compound or compounds or any combination thereof
20under Section 11-501 of the Illinois Vehicle Code during a
21period in which his or her driving privileges are revoked or
22suspended where the revocation or suspension was for driving
23under the influence of alcohol or other drug or drugs,
24intoxicating compound or compounds or any combination thereof,
25Section 11-501.1, paragraph (b) of Section 11-401, or for
26reckless homicide as defined in Section 9-3 of the Criminal

 

 

HB1969- 29 -LRB097 09009 HEP 49143 b

1Code of 1961; (2) driving while under the influence of alcohol,
2other drug or drugs, intoxicating compound or compounds or any
3combination thereof and has been previously convicted of
4reckless homicide or a similar provision of a law of another
5state relating to reckless homicide in which the person was
6determined to have been under the influence of alcohol, other
7drug or drugs, or intoxicating compound or compounds as an
8element of the offense or the person has previously been
9convicted of committing a violation of driving under the
10influence of alcohol or other drug or drugs, intoxicating
11compound or compounds or any combination thereof and was
12involved in a motor vehicle accident that resulted in death,
13great bodily harm, or permanent disability or disfigurement to
14another, when the violation was a proximate cause of the death
15or injuries; (3) the person committed a violation of driving
16under the influence of alcohol or other drug or drugs,
17intoxicating compound or compounds or any combination thereof
18under Section 11-501 of the Illinois Vehicle Code or a similar
19provision for the third or subsequent time; (4) the person
20committed the violation while he or she did not possess a
21driver's license or permit or a restricted driving permit or a
22judicial driving permit or a monitoring device driving permit;
23or (5) the person committed the violation while he or she knew
24or should have known that the vehicle he or she was driving was
25not covered by a liability insurance policy, or (d)(1)(I); (g)
26an offense described in subsection (g) of Section 6-303 of the

 

 

HB1969- 30 -LRB097 09009 HEP 49143 b

1Illinois Vehicle Code; or (h) an offense described in
2subsection (e) of Section 6-101 of the Illinois Vehicle Code;
3or (i) an offense described in Section 11-1309 of the Illinois
4Vehicle Code; may be seized and delivered forthwith to the
5sheriff of the county of seizure.
6    Within 15 days after such delivery the sheriff shall give
7notice of seizure to each person according to the following
8method: Upon each such person whose right, title or interest is
9of record in the office of the Secretary of State, the
10Secretary of Transportation, the Administrator of the Federal
11Aviation Agency, or any other Department of this State, or any
12other state of the United States if such vessel, vehicle or
13aircraft is required to be so registered, as the case may be,
14by mailing a copy of the notice by certified mail to the
15address as given upon the records of the Secretary of State,
16the Department of Aeronautics, Department of Public Works and
17Buildings or any other Department of this State or the United
18States if such vessel, vehicle or aircraft is required to be so
19registered. Within that 15 day period the sheriff shall also
20notify the State's Attorney of the county of seizure about the
21seizure.
22    In addition, any mobile or portable equipment used in the
23commission of an act which is in violation of Section 7g of the
24Metropolitan Water Reclamation District Act shall be subject to
25seizure and forfeiture under the same procedures provided in
26this Article for the seizure and forfeiture of vessels,

 

 

HB1969- 31 -LRB097 09009 HEP 49143 b

1vehicles and aircraft, and any such equipment shall be deemed a
2vessel, vehicle or aircraft for purposes of this Article.
3    When a person discharges a firearm at another individual
4from a vehicle with the knowledge and consent of the owner of
5the vehicle and with the intent to cause death or great bodily
6harm to that individual and as a result causes death or great
7bodily harm to that individual, the vehicle shall be subject to
8seizure and forfeiture under the same procedures provided in
9this Article for the seizure and forfeiture of vehicles used in
10violations of clauses (a), (b), (c), or (d) of this Section.
11    If the spouse of the owner of a vehicle seized for an
12offense described in subsection (g) of Section 6-303 of the
13Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
14(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
1511-501 of the Illinois Vehicle Code, or Section 9-3 of this
16Code makes a showing that the seized vehicle is the only source
17of transportation and it is determined that the financial
18hardship to the family as a result of the seizure outweighs the
19benefit to the State from the seizure, the vehicle may be
20forfeited to the spouse or family member and the title to the
21vehicle shall be transferred to the spouse or family member who
22is properly licensed and who requires the use of the vehicle
23for employment or family transportation purposes. A written
24declaration of forfeiture of a vehicle under this Section shall
25be sufficient cause for the title to be transferred to the
26spouse or family member. The provisions of this paragraph shall

 

 

HB1969- 32 -LRB097 09009 HEP 49143 b

1apply only to one forfeiture per vehicle. If the vehicle is the
2subject of a subsequent forfeiture proceeding by virtue of a
3subsequent conviction of either spouse or the family member,
4the spouse or family member to whom the vehicle was forfeited
5under the first forfeiture proceeding may not utilize the
6provisions of this paragraph in another forfeiture proceeding.
7If the owner of the vehicle seized owns more than one vehicle,
8the procedure set out in this paragraph may be used for only
9one vehicle.
10    Property declared contraband under Section 40 of the
11Illinois Streetgang Terrorism Omnibus Prevention Act may be
12seized and forfeited under this Article.
13(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
1496-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.
151-1-11; revised 9-16-10.)
 
16    Section 120. The Code of Criminal Procedure of 1963 is
17amended by changing Section 107-2 as follows:
 
18    (725 ILCS 5/107-2)  (from Ch. 38, par. 107-2)
19    Sec. 107-2. (1) Arrest by Peace Officer.
20    (1) A peace officer may arrest a person when:
21        (a) He has a warrant commanding that such person be
22    arrested; or
23        (b) He has reasonable grounds to believe that a warrant
24    for the person's arrest has been issued in this State or in

 

 

HB1969- 33 -LRB097 09009 HEP 49143 b

1    another jurisdiction; or
2        (c) He has reasonable grounds to believe that the
3    person is committing or has committed an offense; or .
4    (d) He or she has reasonable grounds to believe that the
5person to be arrested has committed an offense that makes the
6person removable from the United States.
7    (2) Whenever a peace officer arrests a person, the officer
8shall question the arrestee as to whether he or she has any
9children under the age of 18 living with him or her who may be
10neglected as a result of the arrest or otherwise. The peace
11officer shall assist the arrestee in the placement of the
12children with a relative or other responsible person designated
13by the arrestee. If the peace officer has reasonable cause to
14believe that a child may be a neglected child as defined in the
15Abused and Neglected Child Reporting Act, he shall report it
16immediately to the Department of Children and Family Services
17as provided in that Act.
18    (3) A peace officer who executes a warrant of arrest in
19good faith beyond the geographical limitation of the warrant
20shall not be liable for false arrest.
21(Source: P.A. 86-298; revised 9-16-10.)
 
22    Section 125. The Right to Privacy in the Workplace Act is
23amended by changing Section 12 as follows:
 
24    (820 ILCS 55/12)

 

 

HB1969- 34 -LRB097 09009 HEP 49143 b

1    Sec. 12. Use of Employment Eligibility Verification
2Systems.
3    (a) On and after the effective date of this amendatory Act
4of the 97th General Assembly, every employer, after hiring an
5employee, shall verify the employment eligibility of the
6employee through the E-Verify program and shall keep a record
7of the verification for the duration of the employee's
8employment or at least 3 years, whichever is longer.
9    (b) In addition to any other requirement for an employer to
10receive an economic development incentive from a government
11entity, the employer shall register with and participate in the
12E-Verify program. Before receiving the economic development
13incentive, the employer shall provide proof to the government
14entity that the employer is registered with and is
15participating in the E-Verify program. If the government entity
16determines that the employer is not complying with this
17subsection, the government entity shall notify the employer by
18certified mail of the government entity's determination of
19noncompliance and the employer's right to appeal the
20determination. On a final determination of noncompliance, the
21employer shall repay all monies received as an economic
22development incentive to the government entity within 30 days
23of the final determination.
24    (c) For the purposes of this subsection:
25        "Economic development incentive" means any grant,
26    loan, or performance-based incentive from any government

 

 

HB1969- 35 -LRB097 09009 HEP 49143 b

1    entity that is awarded after September 30, 2012. Economic
2    development incentive does not include any tax provision
3    under Chapter 35.
4        "Government entity" means this State and any political
5    subdivision of this State that receives and uses tax
6    revenues.
7    (d) Every 3 months the Department of Labor shall request
8from the United States Department of Homeland Security a list
9of employers from this State that are registered with the
10E-Verify program. On receipt of the list of employers, the
11Department of Labor shall make the list available on the
12Department's website.
13    (a) Prior to choosing to voluntarily enroll in any
14Electronic Employment Verification System, including the
15E-Verify program and the Basic Pilot program, as authorized by
168 U.S.C. 1324a, Notes, Pilot Programs for Employment
17Eligibility Confirmation (enacted by P.L. 104-208, div. C,
18title IV, subtitle A), employers are urged to consult the
19Illinois Department of Labor's website for current information
20on the accuracy of E-Verify and to review and understand an
21employer's legal responsibilities relating to the use of the
22voluntary E-Verify program.
23    (a-1) The Illinois Department of Labor (IDOL) shall post on
24its website information or links to information from the United
25States Government Accountability Office, Westat, or a similar
26reliable source independent of the Department of Homeland

 

 

HB1969- 36 -LRB097 09009 HEP 49143 b

1Security regarding: (1) the accuracy of the E-Verify databases;
2(2) the approximate financial burden and expenditure of time
3that use of E-Verify requires from employers; and (3) an
4overview of an employer's responsibilities under federal and
5state law relating to the use of E-Verify.
6    (e) (b) Upon initial enrollment in an Employment
7Eligibility Verification System or within 30 days after the
8effective date of this amendatory Act of the 96th General
9Assembly, an employer enrolled in E-Verify or any other
10Employment Eligibility Verification System must attest, under
11penalty of perjury, on a form prescribed by the IDOL available
12on the IDOL website:
13        (1) that the employer has received the Basic Pilot or
14    E-Verify training materials from the Department of
15    Homeland Security (DHS), and that all employees who will
16    administer the program have completed the Basic Pilot or
17    E-Verify Computer Based Tutorial (CBT); and
18        (2) that the employer has posted the notice from DHS
19    indicating that the employer is enrolled in the Basic Pilot
20    or E-Verify program and the anti-discrimination notice
21    issued by the Office of Special Counsel for
22    Immigration-Related Unfair Employment Practices (OSC),
23    Civil Rights Division, U.S. Department of Justice in a
24    prominent place that is clearly visible to both prospective
25    and current employees. The employer must maintain the
26    signed original of the attestation form prescribed by the

 

 

HB1969- 37 -LRB097 09009 HEP 49143 b

1    IDOL, as well as all CBT certificates of completion and
2    make them available for inspection or copying by the IDOL
3    at any reasonable time.
4    (f) (c) It is a violation of this Act for an employer
5enrolled in an Employment Eligibility Verification System,
6including the E-Verify program and the Basic Pilot program:
7        (1) to fail to display the notices supplied by DHS and
8    OSC in a prominent place that is clearly visible to both
9    prospective and current employees;
10        (2) to allow any employee to use an Employment
11    Eligibility Verification System prior to having completed
12    CBT;
13        (3) to fail to take reasonable steps to prevent an
14    employee from circumventing the requirement to complete
15    the CBT by assuming another employee's E-Verify or Basic
16    Pilot user identification or password;
17        (4) to use the Employment Eligibility Verification
18    System to verify the employment eligibility of job
19    applicants prior to hiring or to otherwise use the
20    Employment Eligibility Verification System to screen
21    individuals prior to hiring and prior to the completion of
22    a Form I-9;
23        (5) to terminate an employee or take any other adverse
24    employment action against an individual prior to receiving
25    a final nonconfirmation notice from the Social Security
26    Administration or the Department of Homeland Security;

 

 

HB1969- 38 -LRB097 09009 HEP 49143 b

1        (6) to fail to notify an individual, in writing, of the
2    employer's receipt of a tentative nonconfirmation notice,
3    of the individual's right to contest the tentative
4    nonconfirmation notice, and of the contact information for
5    the relevant government agency or agencies that the
6    individual must contact to resolve the tentative
7    nonconfirmation notice;
8        (7) to fail to safeguard the information contained in
9    the Employment Eligibility Verification System, and the
10    means of access to the system (such as passwords and other
11    privacy protections). An employer shall ensure that the
12    System is not used for any purpose other than employment
13    verification of newly hired employees and shall ensure that
14    the information contained in the System and the means of
15    access to the System are not disseminated to any person
16    other than employees who need such information and access
17    to perform the employer's employment verification
18    responsibilities.
19    (g) (c-1) Any claim that an employer refused to hire,
20segregated, or acted with respect to recruitment, hiring,
21promotion, renewal or employment, selection for training or
22apprenticeship, discharge, discipline, tenure or terms,
23privileges, or conditions of employment without following the
24procedures of the Employment Eligibility Verification System,
25including the Basic Pilot and E-Verify programs, may be brought
26under paragraph (G)(2) of Section 2-102 of the Illinois Human

 

 

HB1969- 39 -LRB097 09009 HEP 49143 b

1Rights Act.
2    (h) (c-2) It is a violation of this Section for an
3individual to falsely pose as an employer in order to enroll in
4an Employment Eligibility Verification System or for an
5employer to use an Employment Eligibility Verification System
6to access information regarding an individual who is not an
7employee of the employer.
8    (d) Preemption. Neither the State nor any of its political
9subdivisions, nor any unit of local government, including a
10home rule unit, may require any employer to use an Employment
11Eligibility Verification System, including under the following
12circumstances:
13        (1) as a condition of receiving a government contract;
14        (2) as a condition of receiving a business license; or
15        (3) as penalty for violating licensing or other similar
16    laws.
17    (i) This Section subsection (d) is a denial and limitation
18of home rule powers and functions under subsection (h) of
19Section 6 of Article VII of the Illinois Constitution.
20(Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10;
2196-1000, eff. 7-2-10.)
 
22    Section 197. Severability. The provisions of this Act are
23severable under Section 1.31 of the Statute on Statutes.

 

 

HB1969- 40 -LRB097 09009 HEP 49143 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    30 ILCS 105/5.786 new
5    625 ILCS 5/11-1308 new
6    625 ILCS 5/11-1309 new
7    720 ILCS 5/36-1from Ch. 38, par. 36-1
8    725 ILCS 5/107-2from Ch. 38, par. 107-2
9    820 ILCS 55/12