CCS SS SCS HCS HB 390 -- UNAUTHORIZED ALIENS AND CONSTRUCTION
SAFETY PROGRAMS

This bill changes the laws regarding unauthorized aliens and
construction safety programs.  In its main provisions, the bill:

(1)  Prohibits college or university students who are unlawfully
present in the United States from receiving certain types of
financial aid, including institutional aid awarded by public
postsecondary educational institutions and state-administered
postsecondary grants and scholarships awarded by all
postsecondary educational institutions.  Documents which may be
used to verify a student's lawful presence in the United States
are specified, including the Free Application for Student Aid
Institutional Student Information Record; a state-issued driver's
license or nondriver's identification card; documentary evidence
accepted by the Department of Revenue when processing an
application for a driver's license or nondriver's identification
card; a United States birth certificate; a United States military
identification card; or any document issued by the federal
government that confirms lawful presence.  All postsecondary
institutions of higher education must annually certify to the
Department of Higher Education that they have not knowingly
awarded financial aid to a student who is unlawfully present in
the United States (Section 173.1110, RSMo);

(2)  Specifies that postsecondary education public benefits,
municipal permits, and contracts or agreements between public
utility providers and their customers will not be considered
public benefits in the provisions that prohibit aliens unlawfully
present in the United States from receiving a state or local
public benefit.  No additional verification is required within
the same state or local government agency once the lawful
presence of an applicant for public benefits has been verified
through the Systematic Alien Verification for Entitlements
Program.  The bill clarifies that the provisions that prohibit
aliens unlawfully present in the United States from receiving a
state or local public benefit does not apply to nonprofit
organizations duly registered with the federal Internal Revenue
Service (Section 208.009);

(3)  Specifies that certain entities which contract with the
state or any of its political subdivisions only have to provide
the affidavits attesting to participation in a federal work
authorization program and nonemployment of unauthorized aliens on
an annual basis and allows, during or immediately after a natural
or manmade disaster, business entities 15 working days to enroll
and participate in a federal work authorization program as a
condition for the award of certain public contracts (Section
285.530);

(4)  Specifies that the requirement that certain businesses must
participate in a federal work authorization program will not
apply after the date the federal government discontinues or fails
to authorize or implement the program (Section 285.555); and

(5)  Clarifies that an on-site employee of a contractor or
subcontractor on a public works project must complete within 60
days of beginning work on the project or must have previously
completed a 10-hour Occupational Safety and Health Administration
(OSHA) construction safety program or similar program approved by
the Department of Labor and Industrial Relations (Section
292.675).

The bill contains an emergency clause.

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