HCS HB 1736 & 2320 -- ILLEGAL ALIENS

SPONSOR:  Nolte

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Immigration by a vote of 9 to 4.

This substitute changes the laws regarding illegal aliens and
immigration status.

SANCTUARY CITIES

Any county, city, town, or village is prohibited from enacting a
sanctuary policy.  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is repealed or is no longer in effect.  Upon complaint by any
state resident or before the provision or award of any funds or
grants to any municipality, any member of the General Assembly
may request that the Attorney General issue an opinion as to
whether the municipality has a written or unwritten 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.

PUBLIC BENEFITS

Persons who are not citizens or permanent residents of the United
States or who do not possess lawful immigration status are
prohibited from receiving state or local public assistance unless
it is mandated under federal law.  Documentary evidence accepted
by the Department of Revenue for obtaining a driver's license
will suffice as proof of citizenship, permanent residency, or
lawful immigration status when applying for benefits.
Individuals can temporarily receive state or local public
assistance for up to 90 days while obtaining the necessary
documentation or indefinitely if the applicant provides a copy of
a completed birth certificate application which is pending.
Nonprofit organizations regulated by the federal Internal Revenue
Service are not required to enforce these restrictions, nor are
they prohibited from providing aid.

FEDERAL EMPLOYMENT AUTHORIZATION

Business entities and employers are prohibited from knowingly
employing, recruiting, hiring, or continuing to employ illegal
aliens to perform work in Missouri.  Participation in a federal
work authorization program which enables employers to
electronically verify employment eligibility is required for all
public employers and business entities receiving a state contract
or grant or a state-administered tax credit, tax abatement, or
loan.  Participation in a federal program is an affirmative
defense to an allegation that a business entity knowingly hired
illegal aliens, unless it is shown by clear and convincing
evidence that the business entity had actual knowledge of the
unauthorized status of an employee.  Only the federal government
can determine whether a worker is an unauthorized alien.

A contractor will not be held liable under the provisions of the
substitute regarding the prohibited employment of illegal aliens
if the contractor provides documented proof of enrollment in a
federal work authorization program or executes a sworn affidavit
attesting that all employees are lawfully present in the United
States.

Employing an illegal alien, failing to provide identity
information on employees when requested to do so by the Division
of Labor Standards within the Department of Labor and Industrial
Relations, or failing to correct violations within 10 business
days will result in the suspension of a company's applicable
local licenses, permits, and exemptions until the violation is
corrected.

A second violation for employing an illegal alien will result in
the suspension of a company's applicable local licenses, permits,
and exemptions for a minimum of 30 to a maximum of 60 days.  A
third or subsequent violation will result in the suspension of a
company's applicable local licenses, permits, and exemptions for
a minimum of one to a maximum of five years.

A violation of the prohibition against employing illegal aliens
or the requirement to provide information or correct violations
by a business entity awarded a state contract or grant or a
state-administered tax credit, tax abatement, or loan from the
state will result in the termination of the contract and the
suspension or debarment of the business entity from doing
business in this state for a period of three years.  A subsequent
violation will result in the termination of the contract and the
permanent suspension or debarment of the business entity from
doing business in this state.

Any person who files a frivolous complaint clearly lacking in any
basis in fact or law will be liable for actual, compensatory, and
punitive damages to the alleged violator.

Failure by a municipality or county to suspend any applicable
license or permit of a violator as directed by the division will
be deemed a violation of Section 67.307, RSMo, governing
sanctuary cities and will subject the municipality or county to
authorized penalties.

If the federal government discontinues or fails to authorize any
work authorization program, the provisions of the substitute will
be reviewed by the General Assembly to determine if they need to
be repealed.

COMMUNICATIONS WITH FEDERAL OFFICIALS

No government entity, official, or political subdivision can
prohibit or restrict any other government entity or official from
communicating or cooperating with federal officials on the
immigration status of any person in this state.  No person or
agency can prohibit or restrict any public employee from
communicating or cooperating with local, state, or federal
officials on the immigration status of any person in this state.

Upon complaint by any state resident or before the provision or
award of any funds or grants to any government agency or
political subdivision, any member of the General Assembly may
request that the Attorney General issue an opinion as to whether
the entity has written or unwritten policies prohibiting or
restricting public officials or employees from communicating or
cooperating with local, state, or federal officials on the
immigration status of any person in this state.

The substitute becomes effective January 1, 2009.

FISCAL NOTE:   Estimated Cost on General Revenue Fund of $872,377
in FY 2009, $1,022,007 in FY 2010, and $1,052,668 in FY 2011.  No
impact on Other State Funds in FY 2009, FY 2010, and FY 2011.

PROPONENTS:  Supporters of House Bill 1736 say that the bill will
discourage illegal immigration, and when illegal aliens leave an
area, wages tend to increase because citizens and lawful aliens
demand higher pay.

Supporters of House Bill 2320 say that the bill will protect
Missouri residents from losing their jobs to illegal aliens.  The
employment of illegal aliens is a tremendous magnet for illegal
immigration and is unfair to the employers that are doing the
right thing by paying fair wages and providing benefits.

Testifying for HB 1736 were Representative Schneider; Kris
Kobach; Robert Lowery, Jr., City of O'Fallon; Joyce Mucci,
Federation for American Immigration Reform; Missourians Against
Illegal Immigration; and Dale Russell.

Testifying for HB 2320 were Representative Nolte; Missourians
Against Illegal Immigration; and Dale Russell.

OPPONENTS:  Those who oppose House Bill 1736 say that it will be
prohibitively expensive and have many unintended consequences.
It will make aliens fearful to report crimes and, therefore, will
decrease public safety.

Those who oppose House Bill 2320 say that the error rate for
E-Verify is high enough to be unacceptable, and it is not as easy
to enroll in and use as has been reported.  If the transient
employer laws already on the books had been used consistently,
the problems in the City of O'Fallon probably would not have
occurred.

Testifying against HB 1736 were Catholic Charities Archdiocese of
St. Louis; Missouri Chamber of Commerce and Industry; Associated
General Contractors of Missouri, Incorporated; Jennifer Rafanan,
Missouri Immigrant and Refugee Advocates; American Civil
Liberties Union of Eastern Missouri; and Virginia Martinez,
Mexican Legal Defense Fund.

Testifying against HB 2320 were Missouri Chamber of Commerce and
Industry; and Associated General Contractors of Missouri,
Incorporated.

OTHERS:  Others testifying on House Bill 1736 say they are
concerned that public libraries will be subject to the
requirements of the bill, and that the "hassle factor" of
requiring E-Verify should be considered and addressed.

Others testifying on House Bill 2320 say they would like to see
some indemnification provisions for municipalities, and they are
concerned about frivolous complaints.

Testifying on HB 1736 were Missouri Library Association; Missouri
Municipal League; Builders Association of Missouri; National
Federation of Independent Business; Roger Loesche, Associated
General Contractors of St. Louis; Associated Builders and
Contractors; and Associated Industries of Missouri.

Testifying on HB 2320 were Missouri Municipal League; Builders
Association of Missouri; National Federation of Independent
Business; Roger Loesche, Associated General Contractors of St.
Louis; Associated Builders and Contractors; and Associated
Industries of Missouri.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm