HB 350 -- Unauthorized Aliens

Sponsor:  Parkinson

This bill changes the laws regarding unauthorized aliens.

HIGHER EDUCATION ASSISTANCE FOR ILLEGAL ALIENS

Persons not lawfully present in the United States will not be
eligible, on the basis of residence within this state, for
post-secondary education benefits, scholarships, financial aid,
or resident tuition, except under certain circumstances specified
in the bill.  This prohibition will not be deemed to impose
additional conditions to maintain resident tuition status at a
post-secondary educational institution on an individual who was
enrolled in a degree program and first received the resident
tuition status during the 2008-2009 school year or any prior
year.

LAWFUL STATUS VERIFICATION - APPLICANTS FOR PUBLIC BENEFITS

Currently, aliens unlawfully present in the United States can
only receive state or local public benefits offered under 8
U.S.C. 1621(b).  The bill specifies those state benefits.
Currently, applicants for public benefits 18 years of age or
older must provide affirmative proof of citizenship, permanent
residency, or lawful presence in the United States.  The bill
lowers that threshold age to 14 years.

A person who knowingly and willfully signs an affidavit
containing false or fraudulent information will be subject to
criminal penalties.  Each state agency or department that
administers a program of state or local public benefits must
provide an annual report to the Governor, Speaker of the House of
Representatives, and President Pro Tem of the Senate on its
compliance with the eligibility verification requirements.

LAWFUL STATUS VERIFICATION - INDEPENDENT CONTRACTORS

If any individual independent contractor contracting for the
physical performance of services in this state fails to provide
the contracting entity with documentary proof of federal
employment authorization, the contracting entity must withhold
state income tax at the top marginal rate for the amount of
compensation paid to the independent contractor as reportable on
the United States Internal Revenue Service Form 1099.  A
contracting entity who fails to withhold the taxes will be liable
for those taxes unless certain federal withholding exemptions
apply and are documented to the Department of Revenue.

LAWFUL STATUS VERIFICATION - PUBLIC EMPLOYERS

The discharge of a United States citizen or permanent resident
alien working in Missouri by an employing entity that retains an
employee it knows or reasonably should have known to be an
unauthorized alien working in certain federally defined job
categories is an actionable discriminatory labor practice as
established by the Department of Labor and Industrial Relations,
unless on the date of the discharge, the employing entity
participated in a federal work authorization program to verify
the employment eligibility.

CONCEALING ILLEGAL ALIENS

The bill makes it a crime for a person to conceal, harbor, or
shelter from detection any alien knowing or in reckless disregard
of the fact that the alien has entered or remained in the country
illegally.  A violation of this crime is a felony punishable by
not less than one year's imprisonment, a fine of not less than
$1,000, or both.

IDENTIFICATION CARDS

The bill authorizes business entities; federal, state, and local
government agencies; educational institutions; professional
organizations; and labor unions to create documents, cards, or
certificates for identification of their employees, customers,
members, and students.

Identification for state and political subdivision agencies and
educational institutions can only be issued to United States
citizens, nationals, and legal permanent resident aliens with the
following exceptions:  (1)  identification that clearly indicates
its expiration date can be issued to persons with temporary legal
status in the United States if the applicant personally presents
certain valid documentary evidence as specified in the bill; and
(2)  identification that is only valid for use at an educational
institution can be issued if it clearly indicates the restricted
validity.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am