HCS HB 1549, 1771, 1395 & 2366 -- ILLEGAL ALIENS AND IMMIGRATION
STATUS VERIFICATION

SPONSOR:  Nolte (Onder)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Immigration by a vote of 8 to 2.

This substitute changes the laws regarding illegal aliens and
immigration status verification.  In its main provisions, the
substitute:

(1)  Requires the Superintendent of the State Highway Patrol,
subject to appropriations, to designate some or all members of
the patrol to be trained in accordance with a memorandum of
understanding between Missouri and the United States Department
of Homeland Security concerning the enforcement of federal
immigration laws during the course of their normal duties in
Missouri;

(2)  Prohibits a county, city, town, or village, effective
January 1, 2009, from enacting a sanctuary policy and specifies
that any municipality that enacts a sanctuary policy will be
ineligible for money provided through grants administered by any
state agency or department until the policy is repealed or is no
longer in effect.  Members of the General Assembly are authorized
to request the state agency or department administering grants to
verify that a municipality receiving grant money does not have a
sanctuary policy.  County and municipal law enforcement officers
must be notified in writing of their duty to cooperate with state
and federal agents and officials regarding matters of
immigration;

(3)  Requires the commercial driver's license written test to
only be given in English.  Translators will not be allowed for
applicants taking the test;

(4)  Requires the arresting agency to verify within 48 hours
through the United States Department of Homeland Security the
lawful immigration status of a person charged with a crime and
held in confinement if verification cannot be made from documents
in the possession of the prisoner or after a reasonable effort by
the arresting agency.  Upon verification that the prisoner is an
illegal alien, the arresting agency must notify the federal
department; and

(5)  Creates penalties for driver's license fraud.  Any person
who knowingly or in reckless disregard of the truth is prohibited
from:

(a)  Assisting any person in committing fraud or deception during
a driver's license, nondriver's license, or instruction permit
examination process;

(b)  Assisting any person in applying for a driver's license,
instruction permit, or nondriver's license that contains or is
substantiated with false or fraudulent information or
documentation, conceals a material fact, or is fraudulent; or

(c)  Engaging in a conspiracy to commit any of the preceding acts
or aids or abets the commission of any of the acts.

Any person who violates one of the driver's license fraud
provisions will be guilty of a class A misdemeanor.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters of House Bill 1549 say that the bill is
essentially putting the Governor's executive order into statute,
which the State Highway Patrol believes is necessary even though
the patrol has been following this procedure since late August of
2007.

Supporters of House Bill 1771 say that this is common sense
legislation and that the State Highway Patrol has been following
this policy with success since August 2007 upon recommendation of
the Governor.

Supporters of House Bill 1395 say that sanctuary cities serve as
magnets to attract illegal aliens and ultimately cost the state
money.

Supporters of House Bill 2366 say that there is a cottage
industry of persons supplying fraudulent documents to illegal
aliens for the purpose of getting a driver's license or official
state identification card.  The bill will provide additional
legal remedies against those individuals.

Testifying for HB 1549 were Representative Onder; State Highway
Patrol; and Missourians Against Illegal Immigration.

Testifying for HB 1771 were Representative Jones (117); Missouri
Sheriffs Association; Janet Englebach, Missouri Eagle Forum;
Missouri Family Network; State Highway Patrol; and Missourians
Against Illegal Immigration.

Testifying for HB 1395 were Representative Dusenberg; Kris
Kobach; W. Dale Russell; Randy Thompson; Missourians Against
Illegal Immigration; and Reverend William Cain.

Testifying for HB 2366 were Representative Parkinson; Department
of Revenue; Randy Thompson; State Highway Patrol; Missourians
Against Illegal Immigration; and Reverend William Cain.

OPPONENTS:  Those who oppose House Bill 1395 say that it will
have many unintended consequences, will hinder law enforcement in
solving many crimes, and will make the people of Missouri less
safe because law enforcement will not be tending to the really
serious cases.

Testifying against HB 1395 were Joan Suarez, Missouri Immigrant
and Refugee Advocates; Stephen Blower, American Immigration
Lawyers Association; Service Employees International Union,
Missouri/Kansas State Council; and Nicole Weinstein.

OTHERS:  Others testifying on House Bill 1549 say that Missouri
has a relatively small foreign-born population and at least 40%
are legal residents.  Missouri has not received approval yet from
the United States Department of Homeland Security regarding the
287(g)training agreement and may not because there are so few
illegal aliens here.

Others testifying on House Bill 1771 say the bill will change the
process for the DWI teams who arrest someone and then drop that
person off to another officer at the office or station, at which
time the booking process begins.

Others testifying on House Bill 1395 say that no government or
law enforcement official in Kansas City has mandated that it be a
sanctuary city, that the municipal reporting requirement is an
unfunded mandate, and that language in the bill violates the
Violence Against Women Act.

Testifying on HB 1549 was Joan Suarez, Missouri Immigrant and
Refugee Advocates.

Testifying on HB 1771 was Missouri Municipal League.

Testifying on HB 1395 were Captain Roger Lewis, Kansas City
Police Department; Missouri Coalition Against Domestic Violence;
and Missouri Municipal League.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm