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Full Text of SB0031  100th General Assembly

SB0031sam003 100TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 5/3/2017

 

 


 

 


 
10000SB0031sam003LRB100 04996 SLF 25902 a

1
AMENDMENT TO SENATE BILL 31

2    AMENDMENT NO. ______. Amend Senate Bill 31 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Illinois Trust Act.
 
6    Section 5. Legislative intent. It is the intent of the
7General Assembly that this Act shall not be construed as
8providing, expanding, or ratifying the legal authority for any
9State or local law enforcement agency to detain an individual
10on an immigration detainer or administrative warrant, or
11perform any other civil immigration enforcement function.
12State law does not grant State or local law enforcement the
13authority to enforce federal civil immigration laws.
14Interactions between State and local law enforcement and
15federal immigration agents shall be consistent and uniform
16throughout the State.
 

 

 

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1    Section 10. Definitions. In this Act:
2    "Administrative warrant" means an immigration warrant of
3arrest, order to detain or release aliens, notice of custody
4determination, notice to appear, removal order, warrant of
5removal, or any other document issued by an immigration agent
6or immigration judge that can form the basis for an
7individual's arrest or detention for a civil immigration
8enforcement purpose including administrative warrants entered
9into the Federal Bureau of Investigation's National Crime
10Information Center database, or any successor or similar
11database maintained by the United States. "Administrative
12warrant" does not include any warrants issued by a criminal
13court upon a determination of probable cause and in compliance
14with the requirements of the Fourth Amendment to the United
15States Constitution and Article I, Section 6 of the Illinois
16Constitution.
17    "Certification form" means any law enforcement
18certification form or statement required by federal
19immigration law certifying that a person is a victim of
20qualifying criminal activity including, but not limited to, the
21information required by Section 1184(p) of Title 8 of the
22United States Code (including current United States
23Citizenship and Immigration Service Form I-918, Supplement B,
24or any successor forms) for purposes of obtaining a U visa, or
25by Section 1184(o) of Title 8 of the United States Code

 

 

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1(including current United States Citizenship and Immigration
2Service Form I-914, Supplement B, or any successor forms) for
3purposes of obtaining a T visa.
4    "Certifying agency" means a State or local law enforcement
5agency, prosecutor, or other authority that has responsibility
6for the detection, investigation, or prosecution of criminal
7activity including an agency that has criminal investigative
8jurisdiction in its respective areas of expertise, and
9specifically includes the Department of Labor, the Department
10of Children and Family Services, the Department of Human
11Services, and the Illinois Workers' Compensation Commission,
12but not including any State court.
13    "Coerce" means to use express or implied threats towards a
14person or family member of a person that attempts to put the
15person in immediate fear of the consequences in order to compel
16that person to act against his or her will.
17    "Contact information" means home address, work address,
18telephone number, electronic mail address, social media
19information, or any other personal identifying information
20that could be used as a means to contact an individual.
21    "Eligible for release from custody" means that the
22individual may be released from custody because one of the
23following conditions has occurred:
24        (1) all criminal charges against the individual have
25    been dropped or dismissed;
26        (2) the individual has been acquitted of all criminal

 

 

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1    charges filed against him or her;
2        (3) the individual has served all the time required for
3    his or her sentence;
4        (4) the individual has posted a bond; or
5        (5) the individual is otherwise eligible for release
6    under State or local law or local policy.
7    "Family member" means a person's (i) mother or father
8(including step or adoptive), spouse, brother or sister
9(including blood, step, half, or adoptive), son or daughter
10(including blood, step, half, or adopted), father-in-law,
11mother-in-law, daughter-in-law, son-in-law, brother-in-law,
12sister-in-law, grandparent, or grandchild; (ii)
13court-appointed legal guardian or a person for whom the person
14is a court-appointed legal guardian; or (iii) domestic partner
15or the domestic partner's mother or father (including step or
16adoptive), brother or sister (including blood, step, half, or
17adoptive), or son or daughter (including blood, step, half, or
18adopted).
19    "Immigration agent" means an agent of federal Immigration
20and Customs Enforcement, federal Customs and Border
21Protection, an individual authorized to conduct enforcement of
22civil immigration laws under Section 1357(g) of Title 8 of the
23United States Code or any other federal law, any other federal
24agent charged with enforcement of civil immigration laws, or
25any successor.
26    "Immigration enforcement operation" means an operation

 

 

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1that has as one of its objectives the identification or
2apprehension of a person or persons: (1) in order to subject
3them to civil immigration detention, removal proceedings or
4removal from the United States; or (2) to criminally prosecute
5a person or persons for offenses related to immigration status,
6including, but not limited to, violations of Sections 1253,
71304, 1306(a) and (b), 1325, or 1326 of Title 8 of the United
8States Code.
9    "Immigration detainer" means a document issued by an
10immigration agent to a federal, State, or local law enforcement
11agency that requests that the law enforcement agency provide
12notice of release or maintain custody of an individual based on
13an alleged violation of a civil immigration law, including
14detainers issued under Section 287.7 of Title 8 of the United
15States Code or Section 236.1 of Title 8 of the Code of Federal
16Regulations.
17    "Law enforcement agency" means an agency in this State
18charged with enforcement of State, county, or municipal laws or
19with managing custody of detained persons in the State,
20including municipal police departments, sheriff's departments,
21campus police departments, the Department of State Police, and
22the Department of Juvenile Justice.
23    "Law enforcement official" means any officer or other agent
24of a State or local law enforcement agency authorized to
25enforce criminal laws, rules, regulations, or local ordinances
26or to operate jails, correctional facilities, or juvenile

 

 

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1detention facilities or to maintain custody of individuals in
2jails, correctional facilities, or juvenile detention
3facilities.
4    "Qualifying criminal activity" means any activity
5regardless of the stage of detection, investigation, or
6prosecution, involving one or more of the following or any
7similar activity in violation of federal, State, or local
8criminal law: rape; torture; trafficking; incest; domestic
9violence; sexual assault; abusive sexual contact;
10prostitution; sexual exploitation; stalking; female genital
11mutilation; being held hostage; peonage; involuntary
12servitude; slave trade; kidnapping; abduction; unlawful
13criminal restraint; false imprisonment; blackmail; extortion;
14manslaughter; murder; felonious assault; witness tampering;
15obstruction of justice; perjury; fraud in foreign labor
16contracting (as defined in Section 1351 of Title 18 of the
17United States Code); or attempt, conspiracy, or solicitation to
18commit any of the above mentioned crimes; and any criminal
19activity that has an articulable similarity to any activity
20listed under this definition, but is not specifically listed
21under this definition. Qualifying criminal activity also means
22any qualifying criminal activity that occurs during the
23commission of non-qualifying criminal activity, regardless of
24whether or not criminal prosecution was sought for the
25qualifying criminal activity. Criminal activity may be
26considered qualifying criminal activity regardless of how much

 

 

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1time has elapsed since its commission.
2    "Verbal abuse" means the use of a remark which is overtly
3insulting, mocking, or belittling directed at a person based
4upon the actual or perceived: (1) race, color, sex, religion,
5national origin, English proficiency, sexual orientation, or
6gender identity of that person, or (2) citizenship or
7immigration status of that person or that person's family
8member.
9    "Victim of qualifying criminal activity" means any
10individual who:
11        (1)(A)(i) has reported qualifying criminal activity to
12    a law enforcement agency or certifying agency; or (ii) has
13    otherwise participated in the detection, investigation, or
14    prosecution of qualifying criminal activity; and
15        (B) has suffered direct and proximate harm as a result
16    of the commission of any qualifying criminal activity;
17    including, but not limited to: (i) any indirect victim
18    regardless of the direct victim's immigration or
19    citizenship status, who, in any case in which the direct
20    victim is deceased, incompetent, or incapacitated, is the
21    direct victim's spouse, the direct victim's child under 21
22    years of age, or if the direct victim is under 21 years of
23    age, the direct victim's unmarried sibling under 18 years
24    of age or parent; or (ii) any bystander victim who suffers
25    direct physical or mental harm as a result of the
26    qualifying criminal activity, or

 

 

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1        (2) was a victim of a severe form of trafficking in
2    persons as defined in Section 7102 of Title 22 of the
3    United States Code and Section 10-9 of the Criminal Code of
4    2012.
5    More than one victim may be identified and provided with a
6certification form depending upon the circumstances. For
7purposes of the definition of "victim of qualifying criminal
8activity," the term "incapacitated" means unable to interact
9with the law enforcement agency or certifying agency personnel
10as a result of a cognitive impairment or other physical
11limitation, because of physical restraint or disappearance, or
12because the victim was a minor at the time the crime was
13committed and reported.
 
14    Section 15. Prohibited immigration enforcement activities;
15exceptions.
16    (a) A law enforcement agency or official shall not detain
17or continue to detain any individual solely on the basis of any
18immigration detainer or administrative warrant, or otherwise
19comply with an immigration detainer or administrative warrant
20after that individual becomes eligible for release from
21custody.
22    (b) A law enforcement agency or official shall not stop,
23arrest, search, detain, or continue to detain a person solely
24based on an individual's citizenship or immigration status, an
25administrative warrant, an individual's possession of a

 

 

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1temporary visitor's driver's license issued by the Secretary of
2State under the Illinois Vehicle Code, or an individual's
3possession of a passport, consular identification document, or
4other identification document issued by a foreign government.
5    (c) A law enforcement agency or official shall not inquire
6about the citizenship or immigration status of an individual,
7including a crime victim, a witness, or a person who calls or
8approaches the law enforcement agency or official seeking
9assistance, unless necessary to investigate criminal activity
10by that individual. Nothing in this subsection (c) shall be
11construed to limit the ability of a law enforcement agency or
12official to ask a person in the law enforcement agency's
13custody about that person's country of nationality for purposes
14of facilitating communication with consular officers from that
15person's country of nationality in accordance with the Vienna
16Convention on Consular Relations.
17    (d) A law enforcement agency or official shall not request
18or accept a temporary visitor's driver's license issued by the
19Secretary of State under the Illinois Vehicle Code as proof of
20a person's identity. A law enforcement agency or official may
21only request an individual's temporary visitor's driver's
22license to establish that the individual is or is not licensed
23by the State to operate a motor vehicle.
24    (e) A law enforcement agency or official shall not enter
25into an agreement under Section 1357(g) of Title 8 of the
26United States Code or any other federal law that permits State

 

 

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1or local governmental entities to enforce federal civil
2immigration laws.
3    (f) A law enforcement agency or official shall not
4participate in immigration enforcement operations as defined
5in Section 10 of this Act, which includes, but is not limited
6to, operations to establish traffic perimeters. Except as
7provided in subsection (i) of this Section, a law enforcement
8agency or official shall not provide to any immigration agent
9information on persons that may be the subject of immigration
10enforcement operations.
11    (g) A law enforcement agency or official shall not:
12        (1) give any immigration agent access to any
13    individual;
14        (2) transfer any person into an immigration agent's
15    custody;
16        (3) permit immigration agents use of agency facilities
17    or equipment, including any agency electronic databases
18    not available to the public, for investigative interviews
19    or other investigative purpose in executing an immigration
20    enforcement operation; or
21        (4) respond to immigration agent inquiries regarding
22    any individual's incarceration status, release date, or
23    contact information except insofar as the agency makes that
24    information available to the public.
25    (h) Notwithstanding any other provision of this Section,
26(1) if an immigration agent presents to a law enforcement

 

 

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1official or law enforcement agency a valid and properly issued
2criminal warrant related to the investigation or prosecution of
3any criminal offense, including offenses provided for in the
4laws of another state or federal law, or (2) otherwise
5demonstrates that he or she is engaged in the investigation or
6prosecution of a criminal offense or activity (not including
7any offense related to immigration status, including, but not
8limited to, a violation of Section 1253, 1304, 1306 (a) or (b),
91325, or 1326 of Title 8 of the United States Code), then the
10law enforcement official or law enforcement agency may conduct
11any of the activities listed in this Section or otherwise
12communicate or coordinate with an immigration agent solely for
13assisting with that specific purpose.
14    (i) Nothing in this Section shall be construed to prohibit
15or restrict any entity from sending to, or receiving from, the
16United States Department of Homeland Security or other federal,
17State, or local government entity information regarding the
18citizenship or immigration status of any individual under
19Sections 1373 and 1644 of Title 8 of the United States Code.
20    (j) Subsection (g) of this Section shall not apply to the
21Department of Corrections.
22    (k) Nothing in this Section shall be construed as
23restricting any expenditure or activity necessary to the
24performance by the State, any unit of local government, or any
25law enforcement or other agency, official, employee, or agent
26of any obligations under any contract between the State, the

 

 

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1unit of local government, or the agency and federal officials
2regarding the use of a facility to detain individuals in
3federal immigration removal proceedings.
 
4    Section 20. Prohibited activities related to immigration
5detention facilities. Notwithstanding subsection (k) of
6Section 15 of this Act, no State agency or unit of local
7government shall be permitted to contract with a private
8for-profit vendor or contractor for the provision of services,
9other than ancillary services as defined under Section 3 of the
10Private Correctional Facility Moratorium Act, relating to the
11operation or management of a facility to detain individuals in
12federal immigration removal proceedings, or to approve any
13permits, zoning changes, or other measures required for, or to
14otherwise facilitate, the construction, operation, or
15management of any such facility.
 
16    Section 25. Other prohibited activities; verbal abuse and
17coercion. A law enforcement agency or law enforcement official
18shall not:
19    (1) coerce any person based upon the person's actual or
20perceived citizenship or immigration status or the actual or
21perceived citizenship or immigration status of the person's
22family member;
23    (2) communicate a threat to deport that person or any
24family member of that person under circumstances that

 

 

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1reasonably tend to produce a fear that the threat will be
2carried out; or
3    (3) otherwise subject a person to verbal abuse as defined
4by Section 10 of this Act.
 
5    Section 30. Other prohibited activities; registry
6programs. A State or local government agency or official shall
7not expend any time, facilities, equipment, information, or
8other resources of the agency or official to facilitate the
9creation, publication, or maintenance of any federal program
10with the purpose of registering or maintaining a database of
11individuals present in the United States based on their race,
12color, ancestry, national origin, or religion, or to facilitate
13the participation in such a program of any residents of the
14jurisdiction served by that agency or official.
 
15    Section 35. Certifications for victims of qualifying
16criminal activity.
17    (a) A certifying agency shall complete a certification form
18requested by any victim of qualifying criminal activity as
19defined in Section 10 of this Act within 90 days of receiving
20the request, except as otherwise required under this subsection
21(a). If the victim of qualifying criminal activity is in
22federal immigration removal proceedings or detained, then the
23certifying agency shall complete the certification form no
24later than 14 days after the request is received by the agency.

 

 

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1If the victim's children, parents, or siblings will become
2ineligible for benefits under Sections 1184(p) and 1184(o) of
3Title 8 of the United States Code by virtue of the victim's
4children having reached the age of 21 years, the victim having
5reached the age of 21 years, or the victim's sibling having
6reached the age of 18 years within 90 days from the date that
7the certifying agency receives the certification request, the
8certifying agency shall complete the certification form no
9later than 14 days after the request is received by the agency,
10or if the loss of the benefit would occur less than 14 days of
11receipt of the certification request, the agency shall complete
12a certification form within 3 days. Requests for expedited
13completion of a certification form shall be affirmatively
14raised by the victim or representative of the victim.
15    (b) A request for completion of a certification form under
16subsection (a) of this Section may be submitted by a
17representative of the victim, including, but not limited to, an
18attorney, accredited representative, or domestic violence
19service provider. A certifying agency may decline to complete
20the certification form requested under subsection (a) of this
21Section only if, after a good faith inquiry, the agency cannot
22determine that the applicant is a victim of qualifying criminal
23activity as defined in Section 10 of this Act.
24    (c) Each certifying agency has independent legal authority
25to complete and issue a certification form. The head of each
26certifying agency, or a designated agent who performs a

 

 

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1supervisory role within the certifying agency, shall perform
2the following responsibilities:
3        (1) respond to requests for certifications as required
4    by this Section;
5        (2) make information regarding the agency's procedures
6    for certification requests publicly available for victims
7    of qualifying criminal activity and their representatives;
8    and
9        (3) keep written records of all certification requests
10    and responses, which shall be reported to the Illinois
11    Trust Act Compliance Board on an annual basis.
12    (d) A certifying agency shall complete and reissue a
13certification form within 90 days of receiving a request to
14reissue. If the victim seeking recertification has a deadline
15to respond to a request for evidence from United States
16Citizenship and Immigration Services, the certifying agency
17shall complete and issue the form no later than 14 days after
18the request is received by the agency. Requests for expedited
19re-certification shall be affirmatively raised by the victim or
20representative of the victim.
21    (e) Notwithstanding any other provision of this Section, a
22certifying agency's completion of a certification form shall
23not be considered sufficient evidence that an applicant for a U
24or T visa has met all eligibility requirements for that visa
25and completion of a certification form by a certifying agency
26shall not be construed to guarantee that the victim will

 

 

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1receive federal immigration relief. It is the exclusive
2responsibility of federal immigration officials to determine
3whether any individual is eligible for a U or T visa.
4Completion of a certification form by a certifying agency
5merely verifies factual information relevant to the
6immigration benefit sought, including information relevant for
7federal immigration officials to determine eligibility for a U
8or T visa. By completing a certification form, the certifying
9agency attests that the information is true and correct to the
10best of the certifying official's knowledge. If, after
11completion of a certification form, the victim unreasonably
12refuses to assist in the investigation or prosecution of the
13qualifying criminal activity of which he or she is a victim,
14then the certifying agency may notify United States Citizenship
15and Immigration Services in writing.
16    (f) All certifying agencies not subject to the training
17requirements established in Section 10.17-5 of the Illinois
18Police Training Act shall adopt a training program on U and T
19nonimmigrant visas and other remedies for immigrant victims of
20qualifying criminal activity.
21    (g) All certifying agencies shall adopt and implement a
22language access protocol for non-English speaking victims of
23qualifying criminal activity.
 
24    Section 40. Certain State-funded schools and facilities.
25    (a) Absent a judicial warrant or probable cause of criminal

 

 

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1activity (not including an offense related to immigration
2status, including, but not limited to, a violation of Section
31253, 1304, 1306 (a) or (b), 1325, or 1326 of Title 8 of the
4United States Code), a government official shall not make
5arrests in the following State-funded facilities or their
6adjacent grounds:
7        (1) State-funded schools, including licensed day care
8    centers, pre-schools, and other early learning programs;
9    elementary and secondary schools, and institutions of
10    higher education.
11        (2) State-funded medical treatment and health care
12    facilities, including hospitals, health clinics, emergency
13    or urgent care facilities, nursing homes, group homes for
14    persons with developmental disabilities,
15    community-integrated living arrangements, and State mental
16    health facilities.
17        (3) Facilities operated by the Office of the Secretary
18    of State.
19        (4) Circuit courts, State appellate courts, or the
20    Supreme Court.
21    (b) Employees of elementary and secondary schools in this
22State and institutions of higher education in this State shall
23not inquire about a student's citizenship or immigration status
24or that of the student's family members, except in cases of
25in-State or in-district tuition verification, scholarships,
26grants, or services that are contingent upon this information.

 

 

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1State agencies and State-funded medical treatment and health
2care facilities shall not inquire about or request proof of
3citizenship or immigration status when providing services or
4benefits, except when the receipt of the services or benefits
5is contingent upon the person's immigration or citizenship
6status or when inquiries are otherwise lawfully required by
7federal, State, or local laws. State agencies and State-funded
8medical treatment and health care facilities shall not collect
9information regarding a person's citizenship or immigration
10status, except as required by federal or State law.
11    (c) Beginning 120 days after the effective date of this
12Act, except as required by federal, State, or local law, no new
13applications, questionnaires, or interview forms used in
14relation to benefits, opportunities, or services provided by a
15State agency or in-State or in-district tuition verification,
16scholarships, grants, or services provided by a public
17elementary or secondary school or public institution of higher
18education may contain any questions regarding citizenship or
19immigration status.
20    (d) The appropriate personnel of a facility listed in
21paragraph (1) of subsection (a) of this Section shall develop a
22plan within 90 days after the effective date of this Act to
23provide assistance, information, and safety to persons who are
24concerned about the government's immigration enforcement
25efforts. The appropriate personnel of a facility listed in
26paragraph (2) of subsection (a) of this Section shall make

 

 

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1information available to patients to address concerns about the
2government's immigration enforcement efforts.
3    (e) Information or documents regarding an individual's
4citizenship or immigration status are confidential
5information. Absent a judicial warrant or court-ordered
6subpoena, a school, institution of higher education, State
7agency, State-funded medical treatment or health care facility
8that collects information or documents regarding an
9individual's citizenship or immigration status under federal
10or State law shall not disclose or otherwise make available to
11any person or entity information or documents regarding an
12individual's citizenship or immigration status except when
13disclosure is necessary between a facility listed in paragraph
14(2) of subsection (a) of this Section and any other licensed
15health care facility or professional for the provision of
16health care and except as provided under subsection (g) of this
17Section. Nothing in this Section is intended to prevent any
18entity from exchanging aggregated, de-identified information
19with State, local, or federal entities.
20    (f) A facility listed in paragraph (2) of subsection (a) of
21this Section may deny access, delay access, or limit access by
22law enforcement personnel, including immigration agents, based
23upon the medical condition or safety of patients or staff or
24based upon compliance with legal requirements, such as federal
25or State law governing patient privacy. A facility and an
26individual affiliated with that facility who, acting in good

 

 

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1faith, either grants or denies access to the facility by law
2enforcement personnel, including immigration agents, under
3this Act shall be immune from any civil or criminal liability
4based upon the decision to grant or deny access.
5    (g) Nothing in this Section 40 shall be construed to
6prohibit or restrict any entity covered by Section 1373 and
71644 of Title 8 of the United States Code from sending to, or
8receiving from, the United States Department of Homeland
9Security or any other federal, State, or local government
10entity information regarding the citizenship or immigration
11status of any individual.
 
12    Section 45. Equal access to educational, rehabilitative,
13and diversionary programs in the criminal justice system.
14Neither the Department of Corrections nor any law enforcement
15agency may consider an immigration detainer or administrative
16warrant in determining an individual's eligibility or
17placement in any educational, rehabilitative, or diversionary
18program described in the Unified Code of Corrections or any
19other educational, rehabilitative, or diversionary program
20administered by a law enforcement agency.
 
21    Section 50. Compliance Board; oversight.
22    (a) The Governor shall appoint, with the advice and consent
23of the Senate, an Illinois Trust Act Compliance Board within 90
24days after the effective date of this Act. This Board shall

 

 

10000SB0031sam003- 21 -LRB100 04996 SLF 25902 a

1consist of 13 members, serving terms of 3 years, and the
2members shall elect their chairperson. No more than 7 members
3shall be of the same political party. All appointments shall be
4made in writing and filed with the Secretary of State as a
5public record.
6    (b) The Board shall consist of the following members:
7        (1) one representative of the Governor's office;
8        (2) one representative of the Attorney General's
9    office;
10        (3) one representative of the Illinois Legislative
11    Latino Caucus;
12        (4) one representative of law enforcement from the
13    Chicago Police Department;
14        (5) one representative of law enforcement from Cook
15    County;
16        (6) 2 representatives of law enforcement from outside
17    of Cook County;
18        (7) one representative that advocates for immigrants
19    in the Latino or Hispanic community in this State;
20        (8) one representative that advocates for immigrants
21    in the Asian American community in this State;
22        (9) one representative that advocates for immigrants
23    in the African, Arab, or Muslim American community in this
24    State;
25        (10) one representative that advocates for immigrants
26    in this State;

 

 

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1        (11) 2 representatives that advocate for immigrant
2    victims of domestic violence, sexual assault, or human
3    trafficking in this State;
4    (c) This Board shall be charged with the following
5responsibilities:
6        (1) monitoring compliance with this Act;
7        (2) disseminating information about this Act to
8    affected communities and the general public;
9        (3) establishing mechanisms by which the public can
10    report concerns and recommendations regarding
11    implementation of this Act;
12        (4) identifying implementation issues and other
13    trends, and providing recommendations to the Governor and
14    the Attorney General for addressing these issues;
15        (5) conducting research regarding sharing personally
16    identifiable information between law enforcement agencies
17    and federal Immigration and Customs Enforcement, including
18    but not limited to, research regarding:
19            (A) requests for or investigations involving
20        personally identifiable information by law enforcement
21        agencies and officials;
22            (B) sharing of information and data posted in the
23        Illinois Law Enforcement Agencies Database System
24        (LEADS) or any other State administered database to
25        which immigration agents have access;
26            (C) immigration agents' use of the LEADS database

 

 

10000SB0031sam003- 23 -LRB100 04996 SLF 25902 a

1        or any other State administered database; and
2            (D) the impact of the requests, investigations,
3        and sharing and use of information on relations between
4        law enforcement agencies and immigrant communities;
5        (6) conducting additional research as may be
6    necessary, including, but not limited to, requesting and
7    disseminating data from law enforcement agencies relevant
8    to this Act and this Act's impact on law enforcement
9    agencies, police-community relations, affected
10    communities, and the State overall;
11        (7) publishing a report of its activities no less than
12    once each calendar year; and
13        (8) any other responsibilities relating to this Act as
14    the Board may identify.
 
15    Section 115. The Illinois Notary Public Act is amended by
16changing Section 3-104 as follows:
 
17    (5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)
18    Sec. 3-104. Maximum Fee.
19    (a) Except as provided in subsection (b) of this Section,
20the maximum fee in this State is $1.00 for any notarial act
21performed and, until July 1, 2018, up to $25 for any notarial
22act performed pursuant to Section 3-102.
23    (b) Fees for a notary public, agency, or any other person
24who is not an attorney or an accredited representative filling

 

 

10000SB0031sam003- 24 -LRB100 04996 SLF 25902 a

1out immigration forms shall be limited to the following:
2        (1) $10 per form completion;
3        (2) $10 per page for the translation of a non-English
4    language into English where such translation is required
5    for immigration forms;
6        (3) $1 for notarizing;
7        (4) $3 to execute any procedures necessary to obtain a
8    document required to complete immigration forms; and
9        (5) A maximum of $75 for one complete application.
10    Fees authorized under this subsection shall not include
11application fees required to be submitted with immigration
12applications.
13    Any person who violates the provisions of this subsection
14shall be guilty of a Class A misdemeanor for a first offense
15and a Class 3 felony for a second or subsequent offense
16committed within 5 years of a previous conviction for the same
17offense.
18    (c) Upon his own information or upon complaint of any
19person, the Attorney General or any State's Attorney, or their
20designee, may maintain an action for injunctive relief in the
21court against any notary public or any other person who
22violates the provisions of subsection (b) of this Section.
23These remedies are in addition to, and not in substitution for,
24other available remedies.
25    (c-5) Notwithstanding subsection (c) of this Section, any
26person may file a civil action to enforce the provisions of

 

 

10000SB0031sam003- 25 -LRB100 04996 SLF 25902 a

1this subsection and maintain an action for injunctive relief,
2for compensatory damages to recover prohibited fees, or for
3such additional relief as may be appropriate to deter, prevent,
4or compensate for the violation. In order to deter violations
5of this Section, courts shall not require a showing of the
6traditional elements for equitable relief. A prevailing
7plaintiff may be awarded 3 times the prohibited fees, or a
8minimum of $1,000 in punitive damages, attorney's fees, and
9costs of bringing an action under this Section. It is the
10express intent of the General Assembly that remedies for
11violation of this Section be cumulative. If the Attorney
12General or any State's Attorney fails to bring an action as
13provided pursuant to this subsection within 90 days of receipt
14of a complaint, any person may file a civil action to enforce
15the provisions of this subsection and maintain an action for
16injunctive relief.
17    (d) All notaries public must provide receipts and keep
18records for fees accepted for services provided. Failure to
19provide receipts and keep records that can be presented as
20evidence of no wrongdoing shall be construed as a presumptive
21admission of allegations raised in complaints against the
22notary for violations related to accepting prohibited fees.
23(Source: P.A. 98-29, eff. 6-21-13.)
 
24    Section 120. The Illinois Police Training Act is amended by
25adding Section 10.17-5 as follows:
 

 

 

10000SB0031sam003- 26 -LRB100 04996 SLF 25902 a

1    (50 ILCS 705/10.17-5 new)
2    Sec. 10.17-5. Training program on federal nonimmigrant
3visas. The Board shall conduct or approve a training program on
4U and T nonimmigrant visas and other immigration remedies for
5immigrant victims of qualifying criminal activity as defined in
6Section 10 of the Illinois Trust Act. A law enforcement
7agency's continuing education program shall provide to the head
8of the agency or the head of the agency's designee continuing
9education concerning U and T nonimmigrant visas, and continuing
10education concerning cultural diversity awareness.
 
11    Section 125. The Code of Criminal Procedure of 1963 is
12amended by changing Section 113-8 and by adding Section 110-5.2
13as follows:
 
14    (725 ILCS 5/110-5.2 new)
15    Sec. 110-5.2. Bail for persons subject to an immigration
16detainer. A person subject to an immigration detainer or
17administrative warrant shall not be denied bail solely on the
18basis of the immigration detainer or administrative warrant.
19Nothing in this Section may be construed to undermine the
20authority of a court to set bail or a bond determination under
21this Article.
 
22    (725 ILCS 5/113-8)

 

 

10000SB0031sam003- 27 -LRB100 04996 SLF 25902 a

1    Sec. 113-8. Advisement concerning status as an alien.
2Before the acceptance of a plea of guilty, guilty but mentally
3ill, or nolo contendere to a misdemeanor or felony offense, the
4court shall give the following advisement to the defendant in
5open court:
6    "If you are not a citizen of the United States, you are
7hereby advised that conviction of the offense for which you
8have been charged may have the consequences of deportation,
9exclusion from admission to the United States, or denial of
10naturalization under the laws of the United States.".
11    Nothing in this Section shall be construed to authorize or
12direct any court to request that the defendant state his or her
13immigration or citizenship status, or to require that the
14defendant provide such information.
15(Source: P.A. 93-373, eff. 1-1-04.)
 
16    Section 130. The Probation and Probation Officers Act is
17amended by changing Section 12 as follows:
 
18    (730 ILCS 110/12)  (from Ch. 38, par. 204-4)
19    Sec. 12. The duties of probation officers shall be:
20    (1) To investigate as required by Section 5-3-1 of the
21"Unified Code of Corrections", approved July 26, 1972, as
22amended, the case of any person to be placed on probation. Full
23opportunity shall be afforded a probation officer to confer
24with the person under investigation when such person is in

 

 

10000SB0031sam003- 28 -LRB100 04996 SLF 25902 a

1custody.
2    (2) To notify the court of any previous conviction for
3crime or previous probation of any defendant invoking the
4provisions of this Act.
5    (3) All reports and notifications required in this Act to
6be made by probation officers shall be in writing and shall be
7filed by the clerk in the respective cases.
8    (4) To preserve complete and accurate records of cases
9investigated, including a description of the person
10investigated, the action of the court with respect to his case
11and his probation, the subsequent history of such person, if he
12becomes a probationer, during the continuance of his probation,
13which records shall be open to inspection by any judge or by
14any probation officer pursuant to order of court, but shall not
15be a public record, and its contents shall not be divulged
16otherwise than as above provided, except upon order of court;
17provided that nothing in this Section shall be construed to
18require or direct any probation officer to (A) inquire to the
19United States Department of Homeland Security regarding the
20citizenship or immigration status of a person or (B) provide to
21the United States Department of Homeland Security any personal
22information regarding that person, unless otherwise required
23by law.
24    (5) To take charge of and watch over all persons placed on
25probation under such regulations and for such terms as may be
26prescribed by the court, and giving to each probationer full

 

 

10000SB0031sam003- 29 -LRB100 04996 SLF 25902 a

1instructions as to the terms of his release upon probation and
2requiring from him such periodical reports as shall keep the
3officer informed as to his conduct.
4    (6) To develop and operate programs of reasonable public or
5community service for any persons ordered by the court to
6perform public or community service, providing, however, that
7no probation officer or any employee of a probation office
8acting in the course of his official duties shall be liable for
9any tortious acts of any person performing public or community
10service except for wilful misconduct or gross negligence on the
11part of the probation officer or employee.
12    (7) When any person on probation removes from the county
13where his offense was committed, it shall be the duty of the
14officer under whose care he was placed to report the facts to
15the probation officer in the county to which the probationer
16has removed; and it shall thereupon become the duty of such
17probation officer to take charge of and watch over said
18probationer the same as if the case originated in that county;
19and for that purpose he shall have the same power and authority
20over said probationer as if he had been originally placed in
21said officer's charge; and such officer shall be required to
22report in writing every 6 months, or more frequently upon
23request the results of his supervision to the probation officer
24in whose charge the said probationer was originally placed by
25the court.
26    (8) To authorize travel permits to individuals under their

 

 

10000SB0031sam003- 30 -LRB100 04996 SLF 25902 a

1supervision unless otherwise ordered by the court.
2    (9) To perform such other duties as are provided for in
3this act or by rules of court and such incidental duties as may
4be implied from those expressly required.
5    (10) To send written notification to a public housing
6agency if a person on probation for a felony who is under the
7supervision of the probation officer informs the probation
8officer that he or she has resided, resides, or will reside at
9an address that is a housing facility owned, managed, operated,
10or leased by that public housing agency.
11    (11) If a person on probation for a felony offense who is
12under the supervision of the probation officer becomes a
13resident of a facility licensed or regulated by the Department
14of Public Health, the Illinois Department of Public Aid, or
15Illinois Department of Human Services, the probation officer
16shall within 3 days of the person becoming a resident, notify
17the licensing or regulating Department and licensed or
18regulated facility and shall provide the licensed or regulated
19facility and licensing or regulating Department with copies of
20the following:
21        (a) (blank);
22        (b) any applicable probation orders and corresponding
23    compliance plans;
24        (c) the name and contact information for the assigned
25    probation officer.
26(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
 

 

 

10000SB0031sam003- 31 -LRB100 04996 SLF 25902 a

1    Section 135. The Consumer Fraud and Deceptive Business
2Practices Act is amended by changing Section 2AA as follows:
 
3    (815 ILCS 505/2AA)
4    Sec. 2AA. Immigration services.
5    (a) "Immigration matter" means any proceeding, filing, or
6action affecting the nonimmigrant, immigrant or citizenship
7status of any person that arises under immigration and
8naturalization law, executive order or presidential
9proclamation of the United States or any foreign country, or
10that arises under action of the United States Citizenship and
11Immigration Services, the United States Department of Labor, or
12the United States Department of State.
13    "Immigration assistance service" means any information or
14action provided or offered to customers or prospective
15customers related to immigration matters, excluding legal
16advice, recommending a specific course of legal action, or
17providing any other assistance that requires legal analysis,
18legal judgment, or interpretation of the law.
19    "Compensation" means money, property, services, promise of
20payment, or anything else of value.
21    "Employed by" means that a person is on the payroll of the
22employer and the employer deducts from the employee's paycheck
23social security and withholding taxes, or receives
24compensation from the employer on a commission basis or as an

 

 

10000SB0031sam003- 32 -LRB100 04996 SLF 25902 a

1independent contractor.
2    "Reasonable costs" means actual costs or, if actual costs
3cannot be calculated, reasonably estimated costs of such things
4as photocopying, telephone calls, document requests, and
5filing fees for immigration forms, and other nominal costs
6incidental to assistance in an immigration matter.
7    (a-1) The General Assembly finds and declares that private
8individuals who assist persons with immigration matters have a
9significant impact on the ability of their clients to reside
10and work within the United States and to establish and maintain
11stable families and business relationships. The General
12Assembly further finds that that assistance and its impact also
13have a significant effect on the cultural, social, and economic
14life of the State of Illinois and thereby substantially affect
15the public interest. It is the intent of the General Assembly
16to establish rules of practice and conduct for those
17individuals to promote honesty and fair dealing with residents
18and to preserve public confidence.
19    (a-5) The following persons are exempt from this Section,
20provided they prove the exemption by a preponderance of the
21evidence:
22        (1) An attorney licensed to practice law in any state
23    or territory of the United States, or of any foreign
24    country when authorized by the Illinois Supreme Court, to
25    the extent the attorney renders immigration assistance
26    service in the course of his or her practice as an

 

 

10000SB0031sam003- 33 -LRB100 04996 SLF 25902 a

1    attorney.
2        (2) A legal intern, as described by the rules of the
3    Illinois Supreme Court, employed by and under the direct
4    supervision of a licensed attorney and rendering
5    immigration assistance service in the course of the
6    intern's employment.
7        (3) A not-for-profit organization recognized by the
8    Board of Immigration Appeals under 8 C.F.R. 292.2(a) and
9    employees of those organizations accredited under 8 C.F.R.
10    292.2(d).
11        (4) Any organization employing or desiring to employ a
12    documented or undocumented immigrant or nonimmigrant
13    alien, where the organization, its employees or its agents
14    provide advice or assistance in immigration matters to
15    documented or undocumented immigrant or nonimmigrant alien
16    employees or potential employees without compensation from
17    the individuals to whom such advice or assistance is
18    provided.
19    Nothing in this Section shall regulate any business to the
20extent that such regulation is prohibited or preempted by State
21or federal law.
22    All other persons providing or offering to provide
23immigration assistance service shall be subject to this
24Section.
25    (b) Any person who provides or offers to provide
26immigration assistance service may perform only the following

 

 

10000SB0031sam003- 34 -LRB100 04996 SLF 25902 a

1services:
2        (1) Completing a government agency form, requested by
3    the customer and appropriate to the customer's needs, only
4    if the completion of that form does not involve a legal
5    judgment for that particular matter.
6        (2) Transcribing responses to a government agency form
7    which is related to an immigration matter, but not advising
8    a customer as to his or her answers on those forms.
9        (3) Translating information on forms to a customer and
10    translating the customer's answers to questions posed on
11    those forms.
12        (4) Securing for the customer supporting documents
13    currently in existence, such as birth and marriage
14    certificates, which may be needed to be submitted with
15    government agency forms.
16        (5) Translating documents from a foreign language into
17    English.
18        (6) Notarizing signatures on government agency forms,
19    if the person performing the service is a notary public of
20    the State of Illinois.
21        (7) Making referrals, without fee, to attorneys who
22    could undertake legal representation for a person in an
23    immigration matter.
24        (8) Preparing or arranging for the preparation of
25    photographs and fingerprints.
26        (9) Arranging for the performance of medical testing

 

 

10000SB0031sam003- 35 -LRB100 04996 SLF 25902 a

1    (including X-rays and AIDS tests) and the obtaining of
2    reports of such test results.
3        (10) Conducting English language and civics courses.
4        (11) Other services that the Attorney General
5    determines by rule may be appropriately performed by such
6    persons in light of the purposes of this Section.
7    Fees for a notary public, agency, or any other person who
8is not an attorney or an accredited representative filling out
9immigration forms shall be limited to the maximum fees set
10forth in subsections (a) and (b) of Section 3-104 of the Notary
11Public Act (5 ILCS 312/3-104). The maximum fee schedule set
12forth in subsections (a) and (b) of Section 3-104 of the Notary
13Public Act shall apply to any person that provides or offers to
14provide immigration assistance service performing the services
15described therein. The Attorney General may promulgate rules
16establishing maximum fees that may be charged for any services
17not described in that subsection. The maximum fees must be
18reasonable in light of the costs of providing those services
19and the degree of professional skill required to provide the
20services.
21    No person subject to this Act shall charge fees directly or
22indirectly for referring an individual to an attorney or for
23any immigration matter not authorized by this Article, provided
24that a person may charge a fee for notarizing documents as
25permitted by the Illinois Notary Public Act.
26    (c) Any person performing such services shall register with

 

 

10000SB0031sam003- 36 -LRB100 04996 SLF 25902 a

1the Illinois Attorney General and submit verification of
2malpractice insurance or of a surety bond.
3    (d) Except as provided otherwise in this subsection, before
4providing any assistance in an immigration matter a person
5shall provide the customer with a written contract that
6includes the following:
7        (1) An explanation of the services to be performed.
8        (2) Identification of all compensation and costs to be
9    charged to the customer for the services to be performed.
10        (3) A statement that documents submitted in support of
11    an application for nonimmigrant, immigrant, or
12    naturalization status may not be retained by the person for
13    any purpose, including payment of compensation or costs.
14    This subsection does not apply to a not-for-profit
15organization that provides advice or assistance in immigration
16matters to clients without charge beyond a reasonable fee to
17reimburse the organization's or clinic's reasonable costs
18relating to providing immigration services to that client.
19    (e) Any person who provides or offers immigration
20assistance service and is not exempted from this Section, shall
21post signs at his or her place of business, setting forth
22information in English and in every other language in which the
23person provides or offers to provide immigration assistance
24service. Each language shall be on a separate sign. Signs shall
25be posted in a location where the signs will be visible to
26customers. Each sign shall be at least 11 inches by 17 inches,

 

 

10000SB0031sam003- 37 -LRB100 04996 SLF 25902 a

1and shall contain the following:
2        (1) The statement "I AM NOT AN ATTORNEY LICENSED TO
3    PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES
4    FOR LEGAL ADVICE."
5        (2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU
6    BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION
7    SERVICE AND THE IMMIGRATION BOARD OF APPEALS."
8        (3) The fee schedule.
9        (4) The statement that "You may cancel any contract
10    within 3 working days and get your money back for services
11    not performed."
12        (5) Additional information the Attorney General may
13    require by rule.
14    Every person engaged in immigration assistance service who
15is not an attorney who advertises immigration assistance
16service in a language other than English, whether by radio,
17television, signs, pamphlets, newspapers, or other written
18communication, with the exception of a single desk plaque,
19shall include in the document, advertisement, stationery,
20letterhead, business card, or other comparable written
21material the following notice in English and the language in
22which the written communication appears. This notice shall be
23of a conspicuous size, if in writing, and shall state: "I AM
24NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY
25NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If such
26advertisement is by radio or television, the statement may be

 

 

10000SB0031sam003- 38 -LRB100 04996 SLF 25902 a

1modified but must include substantially the same message.
2    Any person who provides or offers immigration assistance
3service and is not exempted from this Section shall not, in any
4document, advertisement, stationery, letterhead, business
5card, or other comparable written material, literally
6translate from English into another language terms or titles
7including, but not limited to, notary public, notary, licensed,
8attorney, lawyer, or any other term that implies the person is
9an attorney. To illustrate, the words "notario" and "poder
10notarial" are prohibited under this provision.
11    If not subject to penalties under subsection (a) of Section
123-103 of the Notary Public Act (5 ILCS 312/3-103), violations
13of this subsection shall result in a fine of $1,000. Violations
14shall not preempt or preclude additional appropriate civil or
15criminal penalties.
16    (f) The written contract shall be in both English and in
17the language of the customer.
18    (g) A copy of the contract shall be provided to the
19customer upon the customer's execution of the contract.
20    (h) A customer has the right to rescind a contract within
2172 hours after his or her signing of the contract.
22    (i) Any documents identified in paragraph (3) of subsection
23(c) shall be returned upon demand of the customer.
24    (j) No person engaged in providing immigration services who
25is not exempted under this Section shall do any of the
26following:

 

 

10000SB0031sam003- 39 -LRB100 04996 SLF 25902 a

1        (1) Make any statement that the person can or will
2    obtain special favors from or has special influence with
3    the United States Immigration and Naturalization Service
4    or any other government agency.
5        (2) Retain any compensation for service not performed.
6        (2.5) Accept payment in exchange for providing legal
7    advice or any other assistance that requires legal
8    analysis, legal judgment, or interpretation of the law.
9        (3) Refuse to return documents supplied by, prepared on
10    behalf of, or paid for by the customer upon the request of
11    the customer. These documents must be returned upon request
12    even if there is a fee dispute between the immigration
13    assistant and the customer.
14        (4) Represent or advertise, in connection with the
15    provision assistance in immigration matters, other titles
16    of credentials, including but not limited to "notary
17    public" or "immigration consultant," that could cause a
18    customer to believe that the person possesses special
19    professional skills or is authorized to provide advice on
20    an immigration matter; provided that a notary public
21    appointed by the Illinois Secretary of State may use the
22    term "notary public" if the use is accompanied by the
23    statement that the person is not an attorney; the term
24    "notary public" may not be translated to another language;
25    for example "notario" is prohibited.
26        (5) Provide legal advice, recommend a specific course

 

 

10000SB0031sam003- 40 -LRB100 04996 SLF 25902 a

1    of legal action, or provide any other assistance that
2    requires legal analysis, legal judgment, or interpretation
3    of the law.
4        (6) Make any misrepresentation of false statement,
5    directly or indirectly, to influence, persuade, or induce
6    patronage.
7    (k) (Blank)
8    (l) (Blank)
9    (m) Any person who violates any provision of this Section,
10or the rules and regulations issued under this Section, shall
11be guilty of a Class A misdemeanor for a first offense and a
12Class 3 felony for a second or subsequent offense committed
13within 5 years of a previous conviction for the same offense.
14    Upon his own information or upon the complaint of any
15person, the Attorney General or any State's Attorney, or a
16municipality with a population of more than 1,000,000, may
17maintain an action for injunctive relief and also seek a civil
18penalty not exceeding $50,000 in the circuit court against any
19person who violates any provision of this Section. These
20remedies are in addition to, and not in substitution for, other
21available remedies.
22    Notwithstanding this subsection (m), any If the Attorney
23General or any State's Attorney or a municipality with a
24population of more than 1,000,000 fails to bring an action as
25provided under this Section any person may file a civil action
26to enforce the provisions of this Article and maintain an

 

 

10000SB0031sam003- 41 -LRB100 04996 SLF 25902 a

1action for injunctive relief, for compensatory damages to
2recover prohibited fees, or for such additional relief as may
3be appropriate to deter, prevent, or compensate for the
4violation. In order to deter violations of this Section, courts
5shall not require a showing of the traditional elements for
6equitable relief. A prevailing plaintiff may be awarded 3 times
7the prohibited fees or a minimum of $1,000 in punitive damages,
8attorney's fees, and costs of bringing an action under this
9Section. It is the express intention of the General Assembly
10that remedies for violation of this Section be cumulative.
11    (n) No unit of local government, including any home rule
12unit, shall have the authority to regulate immigration
13assistance services unless such regulations are at least as
14stringent as those contained in this amendatory Act of 1992. It
15is declared to be the law of this State, pursuant to paragraph
16(i) of Section 6 of Article VII of the Illinois Constitution of
171970, that this amendatory Act of 1992 is a limitation on the
18authority of a home rule unit to exercise powers concurrently
19with the State. The limitations of this Section do not apply to
20a home rule unit that has, prior to the effective date of this
21amendatory Act, adopted an ordinance regulating immigration
22assistance services.
23    (o) This Section is severable under Section 1.31 of the
24Statute on Statutes.
25    (p) The Attorney General shall issue rules not inconsistent
26with this Section for the implementation, administration, and

 

 

10000SB0031sam003- 42 -LRB100 04996 SLF 25902 a

1enforcement of this Section. The rules may provide for the
2following:
3        (1) The content, print size, and print style of the
4    signs required under subsection (e). Print sizes and styles
5    may vary from language to language.
6        (2) Standard forms for use in the administration of
7    this Section.
8        (3) Any additional requirements deemed necessary.
9(Source: P.A. 99-679, eff. 1-1-17.)
 
10    Section 997. Severability. The provisions of this Act are
11severable under Section 1.31 of the Statute on Statutes.
 
12    Section 999. Effective date. This Act takes effect upon
13becoming law.".