HCS HB 390 -- UNAUTHORIZED ALIENS (Nolte)

COMMITTEE OF ORIGIN:  Committee on International Trade and
Immigration

This substitute changes the laws regarding unauthorized aliens.
In its main provisions, the substitute:

(1)  Prohibits the enrollment of unlawfully present aliens in any
public institution of higher education.  The Department of Higher
Education must annually certify to the appropriation committees
of the General Assembly prior to the approval of any
appropriations that each campus of an institution has not
knowingly enrolled any illegal alien (Sections 172.360, 174.130,
175.025, 178.635, 178.780, and 178.785, RSMo);

(2)  Prohibits college or university students who are unlawfully
present in the United States from receiving certain types of
financial aid, including institutional aid and state-administered
postsecondary grants and scholarships.  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 students who are unlawfully present in
the United States (Section 173.1110);

(3)  Specifies that postsecondary education public benefits 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 agency once
the lawful presence of an applicant for public benefits has been
verified through the Systematic Alien Verification for
Entitlements Program.  The substitute 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
Internal Revenue Service (Section 208.009);

(4)  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);

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

(6)  Clarifies that an employee on a public works project must
complete only one 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 substitute contains an emergency clause.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

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