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File #: 090411    Version: 0
Type: Ordinance Status: Placed On File
File created: 7/28/2009 In control: LICENSES COMMITTEE
On agenda: Final action: 1/20/2010
Effective date:    
Title: An ordinance relating to citizenship and qualified alien status requirements for issuance of professional or commercial licenses or permits.
Sponsors: THE CHAIR
Indexes: LICENSES, PERMITS, SOCIAL CONCERNS
Attachments: 1. Memorandum to Council Members, 2. JB VanHollen Opinion, 3. City Attorney Opinion, 4. US Department of Justice Guidance, 5. Letter to Organizations Regarding Ordinance, 6. Press Release, 7. Fiscal Note, 8. Letter from the Hispanic Chamber of Commerce, 9. City Attorney Opinion, 10. Hearing Notice List
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
1/20/20100 COMMON COUNCIL PLACED ON FILEPass15:0 Action details Meeting details Not available
1/5/20100 LICENSES COMMITTEE RECOMMENDED FOR PLACING ON FILE

Minutes note: Individual appearing: Ald. James Witkowiak, 12th District
Pass3:0 Action details Meeting details Not available
12/28/20090 LICENSES COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/1/20090 PUBLIC SAFETY COMMITTEE NOT ACTED ON

Minutes note: This matter was not referred from the Licenses Committee.
   Action details Meeting details Not available
9/29/20090 LICENSES COMMITTEE HELD TO CALL OF THE CHAIR

Minutes note: Individuals appearing: Ronald Leonhardt, City Clerk Richard Withers, Legislative Reference Bureau Christine Neumann-Ortiz, Voces de la Frontera H. Nelson Goodson, South Side Resident Tony Baez, Executive Director, Council for the Spanish Speaking Mr. Leonhardt says that if the Common Council failed to pass the ordinance, the City Clerk's office would still have to uphold the law. He says that the ordinance would provide due process protection for applicants if passed. Ald. Zielinski at the table at 8:36 a.m. Atty. Schrimpf says that if the ordinance is not passed, there will not be procedures in place to enforce the law. Ald. Zielinski moves to hold to the call of the chair. Prevailed 5-0.
Pass5:0 Action details Meeting details Not available
9/25/20090 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/24/20090 LICENSES COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/24/20090 LICENSES COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
7/28/20090 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
090411
Version
ORIGINAL
Reference

Sponsor
THE CHAIR
Title
An ordinance relating to citizenship and qualified alien status requirements for issuance of professional or commercial licenses or permits.
Sections
84-3 rn
84-3 cr
85-13-2 am
Analysis
The United States Personal Responsibility and Work Opportunity Reconciliation Act of 1996 prohibits state and local governments from conferring public benefits, including professional and commercial licenses and permits, upon persons who are not citizens of the United States or certain qualified aliens.

This ordinance prohibits the city clerk from issuing professional or commercial licenses or permits to persons who are not citizens or qualified aliens. The ordinance requires applicants for licenses or permits to present evidence establishing legal citizenship or assisting the city clerk in determining qualified legal alien status.

The ordinance directs the city clerk to identify the affected licenses and permits and to establish guidelines for evidence presented by applicants to establish the identity of the applicant and to assist in establishing the status of the applicants.

The ordinance further establishes procedures for reviewing determinations that applicants for new or renewal licenses or permits are eligible as citizens or qualified aliens for the public benefit conferred when granted a new or renewal professional or commercial license. The ordinance provides for revocation of a license or a permit when a licensee or permittee is no longer eligible for public benefit. The ordinance also provides for procedural protections under state law for applicants for new and renewal alcohol beverage licenses.
Body
Whereas, Section 1621 of the United States Personal Responsibility and Work Opportunity Reconciliation Act of 1996 provides that, with limited exceptions, only United States citizens and qualified legal aliens may receive a public benefit including a professional or commercial license or per...

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