HB 2366 - Gregory (15), David
Modifies provisions relating to employment of illegal aliens
Bill Details
Sponsor
LR Number
5876H.02T
Title
HCS HBs 2366 & 2511
House Handler
Journal Page
Effective Date
August 28, 2026
Current Status
Delivered to Governor
Quick Links
Amendments
No amendments available
CURRENT BILL SUMMARY
HCS/HBs 2366 & 2511 - This act modifies provisions governing the employment of unauthorized aliens.
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 has knowledge of the violation. Upon notification by the Attorney General (AG) of the alleged or suspected violation, the general contractor or subcontractor shall fully cooperate with any investigation conducted by the AG related to the alleged violation.
The act modifies the provisions allowing the 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. An employer that participates in the federal work authorization program shall have an affirmative defense that the employer did not violate the provisions of this act.
The AG may seek an injunction prohibiting the employer from employing an unauthorized alien, and seek monetary damages in the amount equal to ten times 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 seek an injunction to suspend any license, permit, or exemption issued by a state agency in connection with the alleged violation. 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. The court and AG shall have the authority to direct a municipal or county governing body to suspend any applicable license, permit or exemption for a violation of this act.
Any employer that reports an alleged violation of this act shall not be subject to any liability.
This act is similar to SB 1288 (2026).
SCOTT SVAGERA