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

This bill changes the laws regarding illegal aliens and
immigration status verification.

ENFORCEMENT OF IMMIGRATION LAWS (Section 43.032, RSMo)

The Superintendent of the State Highway Patrol is required,
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.

SANCTUARY POLICIES (Section 67.307)

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is repealed or is no longer in effect.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 government entity, agency, or political
subdivision, any member of the General Assembly may request that
the Attorney General issue an opinion as to whether the
government entity, agency, or political subdivision has a
sanctuary policy.  County and municipal law enforcement officers
must be notified in writing of their duty to cooperate with state
and federal agencies and officials regarding matters of
immigration.

PUBLIC BENEFITS (Section 208.009)

Aliens unlawfully present in the United States are prohibited
from receiving a state or local public benefit unless it is
offered under 8 U.S.C. 1621(b).  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 benefits 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 Internal Revenue Service are not required to enforce these
restrictions, nor are they prohibited from providing aid.

Agencies administering state or local public benefits must assist
in the procurement of the required documentation for those
persons who will be temporarily receiving benefits after signing
an affidavit attesting to their lawful presence in the United
States.

MISCLASSIFICATION OF EMPLOYEES (Sections 285.309 and 285.500 -
285.515)

Employers with five or more employees are required to file
federal 1099-miscellaneous forms with the Department of Revenue
within the same deadline as the filing of Missouri Form 99
miscellaneous forms.  On or after the fifth violation, an
employer will be fined up to $200 for each additional violation.

Employers are prohibited from knowingly misclassifying a worker
as an independent contractor by failing to claim the worker as an
employee when the employer knows that the worker is an employee.
The Attorney General is given certain investigative and
prosecutorial powers regarding misclassification of workers.
Anyone violating this provision will be subject to a fine of $50
per day per misclassified worker up to $50,000.

FEDERAL EMPLOYMENT AUTHORIZATION (Sections 285.525 - 285.555)

Business entities and employers are prohibited from knowingly
employing, 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 in excess of $5,000 or a state-administered tax credit, tax
abatement, or loan from the state.  Participation in a federal
work authorization program is an affirmative defense to an
allegation that a business entity knowingly hired an illegal
alien.

A general contractor or subcontractor will not be held liable
under the provisions prohibiting employment of illegal aliens,
even if the general contractor's or subcontractor's direct
subcontractor hires an illegal alien, if the contract binding the
contractor and subcontractor states that the direct subcontractor
is not knowingly in violation of the prohibition and will not
violate the prohibition and the contractor or subcontractor
receives a sworn affidavit under penalty of perjury attesting to
the fact that the direct subcontractor's employees are lawfully
present in the United States.

Failing to provide identity information on employees within 15
business days after receipt of the request by the Attorney
General will result in the suspension of a company's applicable
local licenses, permits, and exemptions until the information is
supplied.

Knowingly employing an illegal alien will result in the
suspension of a company's applicable local licenses, permits, and
exemptions for 14 days.  A second violation will result in
suspension for a period of one year, and a third or subsequent
violation will result in permanent suspension.

A violation of the prohibition against employing illegal aliens
by a business entity awarded a state contract or grant or
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 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.  The state may
withhold up to 25% of the total amount due to the business entity
upon termination of the contract.

Any person who files a frivolous complaint not shown by clear and
convincing evidence to be valid will be liable for the actual,
compensatory, and punitive damages to the alleged violator.

Only the federal government can determine whether a worker is an
unauthorized alien.

The Attorney General must maintain a database documenting any
business entity whose license, permit, or exemption has been
suspended or whose state contract has been terminated.

Failure by a municipality or county to suspend any applicable
license or permit of a violator as directed by the Attorney
General within 15 business days after notification will be deemed
a violation of Section 67.307 governing sanctuary cities and will
subject the municipality or county to the specified penalties.

If the federal government discontinues or fails to authorize any
work authorization program, Sections 285.525 - 285.555 will be
reviewed by the General Assembly to determine if they need to be
repealed.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) TRAINING
(Section 292.675)

Contractors and subcontractors who contract to work on public
works projects must provide a 10-hour OSHA construction safety
program, or similar program approved by the Department of Labor
and Industrial Relations, to be completed by their on-site
employees within 60 days of beginning work on the construction
project.  Contractors and subcontractors in violation of this
provision will forfeit to the public body $2,500 plus $100 a day
for each employee who is employed without training.  Public
bodies and contractors may withhold assessed penalties from the
payment due to those contractors and subcontractors.

DRIVER'S LICENSES (Sections 302.063, 302.720, and 578.570)

The Department of Revenue is prohibited from issuing driver's
licenses to illegal aliens and persons who cannot prove lawful
presence in the United States.  Missouri will not extend full
faith and credit to out-of-state driver's licenses issued to
illegal aliens.

The commercial driver's license written test must only be given
in English.  Translators will not be allowed for applicants
taking the test.

Penalties for driver's license fraud are established.  A person
is prohibited from:

(a)  Assisting any person during a driver's license, nondriver's
license, or instruction permit examination process when that
person knows or recklessly disregards the truth that a fraud or
deception is being committed;

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

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

Any person who violates a provision of the bill regarding
driver's license fraud will be guilty of a class A misdemeanor.

BAIL (Section 544.470)

If a judge reasonably believes that a person is an illegal alien,
bail will be denied at least until the person can provide
verification of lawful presence in the United States, at which
time a judge must determine whether release on bail is otherwise
warranted.  If lawful presence verification cannot be provided, a
person must be held in custody until discharged by due course of
law.

TRANSPORTING ILLEGAL ALIENS (Section 577.722)

The crime of knowingly transporting an illegal alien in this
state for the purpose of trafficking in violation of Sections
566.200 - 566.215, drug trafficking in violation of Sections
195.222 and 195.223, prostitution in violation of Chapter 567, or
employment is created.  Any person committing this crime will be
guilty of a felony punishable with imprisonment for not less than
one year, a fine of not less than $1,000, or both.

IMMIGRATION STATUS VERIFICATION UPON ARREST (Section 577.900)

An arresting law enforcement agency is required 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.  Until August 28, 2009, this provision
will only apply to officers employed by the State Highway Patrol,
State Water Patrol, Capitol Police, State Fire Marshal's Office,
and Division of Alcohol and Tobacco Control within the Department
of Public Safety.

COMMUNICATION WITH FEDERAL OFFICIALS (Section 650.681)

No government entity or 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 government agency or political subdivision has 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 provisions regarding sanctuary policies, federal employment
authorization, and communication with federal officials become
effective January 1, 2009, and the provisions regarding OSHA
training become effective August 28, 2009.

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