Current law provides that a general contractor or subcontractor of any tier shall not be liable when the general contractor or subcontractor contracts with its direct subcontractor who employs an unauthorized alien in violation of law. This act provides that the general contractor or subcontractor shall be liable in such circumstance if the general contractor or subcontractor knows or should have known of the violation.

The act modifies the provisions allowing the Attorney General (AG) to enforce the law governing the employment of unauthorized aliens. The AG is given authority to investigate alleged or suspected violations of the law pertaining to the proper classification of employees for purposes of public works projects. Furthermore, the AG is given powers provided by the Merchandising Practices Act for the purpose of investigating any alleged or suspected violation of the law governing the employment of unauthorized aliens.

In any action brought by the AG to enforce the provisions of law governing the employment of unauthorized aliens, the state

shall have the burden of proving by a preponderance of the

evidence that the employer knowingly employed, hired for

employment, or continued to employ an unauthorized alien to

perform work within this state.

The AG may seek an injunction prohibiting the employer from employing an unauthorized alien, and seek monetary damages in the amount equal to twice the amount of wages paid by the employer to any unauthorized alien workers during the time in which such unlawful employment is alleged to have occurred. The AG may bring an action for injunctive and monetary relief in the circuit court of any county where the alleged violation is occurring or about to occur, or in the Cole County Circuit Court.

If a court determines that an employer has knowingly hired an unauthorized alien, the court shall enter a judgment in favor of the state and award penalties in an amount consistent with the prayer for relief in the petition. The AG may enter into a consent judgment with any person alleged to have committed a violation prohibited by this act.

SCOTT SVAGERA