HB 2320 -- Employment of Illegal Aliens

Sponsor:  Nolte

This bill prohibits business entities and employers from
employing, recruiting, or hiring 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 business entities and
employers, including public employers and business entities
receiving a state contract or grant or using state resources.
Participation in a federal program is an affirmative defense to
an allegation that the business entity hired illegal aliens,
unless it is shown by clear and convincing evidence that the
business entity had actual knowledge of the unauthorized status
of the employee.

Employing an unauthorized alien more than once, failing to
provide identity information on employees when requested to do
so, or failing to correct violations within 10 business days will
result in the suspension of a company's local business license
and registration.  Only the federal government can determine
whether a worker is an unauthorized alien.

A violation of the prohibition against hiring illegal aliens or
the requirement to provide information or correct violations by a
business entity awarded a state contract or grant or using state
resources 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 second or
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.

A contractor will not be held liable under the provisions
requiring employee information or the correction of violations 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.

Compensation of any kind provided to an unauthorized alien will
not be allowed as a business expense deduction from any income or
business taxes in this state.

The bill becomes effective January 1, 2009.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm