SECOND REGULAR SESSION
HOUSE BILL NO. 1346
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES PORTWOOD (Sponsor) BRUNS, SCHAAF, COX, ERVIN AND BROWN (30) (Co-sponsors).
Pre-filed December 3, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
To amend chapter 577, RSMo, by adding thereto ten new sections relating to the Missouri taxpayer and citizen protection act, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 577, RSMo, is amended by adding thereto ten new sections, to be known as sections 577.720, 577.722, 577.724, 577.726, 577.728, 577.730, 577.732, 577.734, 577.736, and 577.738, to read as follows:
577.720. Sections 577.720 to 577.738 shall be known as the "Missouri Taxpayer and Citizen Protection Act".
577.722. 1. It shall be unlawful for any person to transport, move, or attempt to transport in the state of Missouri any alien knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law, in furtherance of the illegal presence of the alien in the United States.
2. It shall be unlawful for any person to conceal, harbor, or shelter from detection any alien in any place within the state of Missouri including any building or means of transportation, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law.
3. Any person violating the provisions of subsection 1 or 2 of this section shall be guilty of a felony for which the authorized term of imprisonment is a term of years not less than one year, or by a fine in an amount not less than one thousand dollars, or by both such fine and imprisonment.
577.724. 1. The following entities may create, publish, or otherwise manufacture an identification document, identification card, or identification certificate and may possess an engraved plate or other such devise for the printing of such identification; provided, the name of the issuing entity shall be clearly printed upon the face of the identification:
(1) Businesses, companies, corporations, service organizations, and federal, state, and local governmental agencies for employee identification which is designed to identify the bearer as an employee;
(2) Businesses, companies, corporations, and service organizations for customer identification which is designed to identify the bearer as a customer or member;
(3) Federal, state, and local government agencies for purposes authorized or required by law or any legitimate purpose consistent with the duties of such an agency, including but not limited to, voter identification cards, driver's licenses, nondriver's licenses, passports, birth certificates, and Social Security cards;
(4) Any public or private elementary or secondary school, public vocational school, or public or private junior college, college, or university, to identify the bearer as an administrator, faculty member, student, or employee;
(5) Any professional organization or labor union to identify the bearer as a member of the professional organization or labor union; and
(6) Businesses, companies, or corporations which manufacture medical-alert identification for the wearer thereof.
2. All identification documents as provided for in subdivision (3) or (4) of subsection 1 of this section shall be issued only to United States citizens, nationals and legal permanent resident aliens.
3. The provisions of subsection 2 of this section shall not apply when an applicant presents, in person, valid documentary evidence of:
(1) A valid, unexpired immigrant or nonimmigrant visa status for admission into the United States;
(2) A pending or approved application for asylum in the United States;
(3) Admission into the United States in refugee status;
(4) A pending or approved application for temporary protected status in the United States;
(5) Approved deferred action status; or
(6) A pending application for adjustment of status to legal permanent residence status or conditional resident status. Upon approval, the applicant may be issued an identification document provided for in subdivision (3) or (4) of subsection 1 of this section. Such identification document shall be valid only during the period of time of the authorized stay of the applicant in the United States or if there is no definite end to the period of authorized stay, a period of one year. Any identification document issued under the provisions of this subsection shall clearly indicate that it is temporary and shall state the date that the identification document expires. Such identification document may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the identification document has been extended by the United States Immigration and Naturalization Service or the Bureau of Citizenship and Immigration Services of the United States Department of Homeland Security.
4. The provisions of subsection 2 of this section shall not apply to an identification document described in subdivision (4) of subsection 1 of this section that is only valid for use on the campus or facility of that educational institution and includes a statement of such restricted validity clearly and conspicuously printed upon the face of the identification document.
5. Any driver's license for which an application has been made for renewal, duplication, or reissuance shall be presumed to have been issued in accordance with the provisions of subsection 3 of this section, provided that, at the time the application is made, the driver's license has not expired, or been cancelled, suspended, or revoked. The requirements of subsection 3 of this section shall apply, however, to a renewal, duplication, or reissuance if the department of revenue is notified by a local, state, or federal government agency of information in the possession of the agency indicating a reasonable suspicion that the individual seeking such renewal, duplication, or reissuance is present in the United States in violation of the law.
577.726. 1. When a person charged with a felony or with driving while intoxicated under section 577.010 or driving with excessive blood alcohol content under section 577.012 is confined, for any period, in any jail, prison, or other detention facility a reasonable effort shall be made to determine the citizenship status of the person so confined.
2. If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within forty-eight hours through a query to the Law Enforcement Support Center of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the lawful immigration status of the prisoner can not be verified, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.
3. For the purpose of determining the grant of or issuance of bond, it shall be a rebuttable presumption that a person whose citizenship status has been verified under subsection 2 of this section to be a foreign national who has not been lawfully admitted to the United States, is at risk of flight.
4. The Missouri department of public safety shall prepare and issue guidelines and procedures used to comply with the provisions of this section.
577.728. As used in this section and section 577.730, the following terms shall mean:
(1) "Status verification system", an electronic system operated by the federal government, through which an authorized official of an agency of the state of Missouri or of a political subdivision therein may make an inquiry, by exercise of authority delegated under Section 1373 of Title 8 of the United States Code, to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by section 577.730. The status verification system shall be deemed to include:
(a) The electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C. 1324a, and operated by the United States Department of Homeland Security, known as the Basic Pilot Program;
(b) Any equivalent federal program designated by the United States Department of Homeland Security or any other federal agency authorized to verify the work eligibility status of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603;
(c) Any other independent, third-party system with an equal or higher degree of reliability as the programs, systems, or processes described in this subdivision; or
(d) The Social Security Number Verification service, or such similar online service verification process implemented by the United States Social Security Administration;
(2) "Public employer", every department, agency, or instrumentality of the state or a political subdivision of the state;
(3) "Subcontractor", includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier; and
(4) "Unauthorized alien", an alien as defined in Section 1324a(h)(3) of Title 8 of the United States Code.
577.730. 1. Every public employer shall register and participate in the status verification system to verify the work authorization status of all new employees.
2. (1) No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the status verification system to verify the work authorization status of all new employees.
(2) No public employer or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the status verification system to verify information of all new employees.
(3) The provisions of this subsection shall not apply to any contracts entered into prior to August 28, 2008.
3. (1) It shall be a discriminatory practice for an employing entity to discharge an employee working in Missouri who is a United States citizen or permanent resident alien while retaining an employee who the employing entity knows, or reasonably should have known, is an unauthorized alien hired after August 28, 2008, and who is working in Missouri in a job category that requires equal skill, effort, and responsibility, and which is performed under similar working conditions, as defined by 29 U.S.C. 206(d)(1), as the job category held by the discharged employee.
(2) An employing entity which, on the date of the discharge in question, was currently enrolled in and used a status verification system to verify the employment eligibility of its employees in Missouri hired after August 28, 2008, shall be exempt from liability, investigation, or suit arising from any action under this section.
(3) No cause of action for a violation of this subsection shall arise anywhere in Missouri but from the provisions of this subsection.
4. The provisions of this section shall be enforced without regard to race or national origin.
5. The department of labor and industrial relations shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate the provisions of this section and publish such rules and regulations on the department of labor and industrial relations web site.
577.732. 1. Except as provided in subsection 3 of this section or where exempted by federal law, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person fourteen years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. 1611, that is administered by an agency or a political subdivision of this state.
2. The provisions of this section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
3. Verification of lawful presence under the provisions of this section shall not be required:
(1) For any purpose for which lawful presence in the United States is not restricted by law, ordinance, or regulation;
(2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure;
(3) For short-term, noncash, in-kind emergency disaster relief;
(4) For public health assistance for immunizations with respect to diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; or
(5) For programs, services, or assistance such as soup kitchens, crisis counseling, and intervention and short-term shelter specified by the United States Attorney General, in the sole and unreviewable discretion of the United States Attorney General after consultation with appropriate federal agencies and departments, which:
(a) Deliver in-kind services at the community level, including through public or private nonprofit agencies;
(b) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the income or resources of the individual recipient; and
(c) Are necessary for the protection of life or safety.
4. Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall require that the applicant execute an affidavit under penalty of perjury that:
(1) He or she is a United States citizen; or
(2) He or she is a qualified alien under the federal Immigration and Nationality Act, and is lawfully present in the United States.
The agency or political subdivision providing the state or local public benefits shall provide notary public services at no cost to the applicant.
5. For any applicant who has executed the affidavit described in subdivision (2) of subsection 4 of this section, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement Program operated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this section.
6. Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed under subsection 4 of this section shall be subject to criminal penalties applicable in this state for fraudulently obtaining public assistance program benefits. If the affidavit constitutes a false claim of United States citizenship under 18 U.S.C. Section 911 a complaint shall be filed by the agency requiring the affidavit with the United States Attorney for the applicable district based upon the venue in which the affidavit was executed.
7. Agencies or political subdivisions of this state may adopt variations to the requirements of the provisions of this section which demonstrably improve the efficiency or reduce delay in the verification process, or to provide for adjudication of unique individual circumstances where the verification procedures in this section would impose unusual hardship on a legal resident of Missouri.
8. It shall be unlawful for any agency or a political subdivision of this state to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of the provisions of this section.
9. Each state agency or department which administers any program of state or local public benefits shall provide an annual report to the governor, the president pro tem of the senate and the speaker of the house of representatives with respect to its compliance with the provisions of this section. Each agency or department shall monitor the systematic alien verification of entitlement program for verification application errors and significant delays and shall provide an annual public report on such errors and significant delays, and recommendations to ensure that the application of the systematic alien verification of entitlement program is not erroneously denying benefits to legal residents of Missouri. Errors shall be reported to the United States Department of Homeland Security by each agency or department.
577.734. 1. If an individual independent contractor, contracting for the physical performance of services in this state, fails to provide to the contracting entity documentation to verify the independent contractor's employment authorization, under the prohibition against the use of unauthorized alien labor through contract set forth in 8 U.S.C., Section 1324(a)(4), the contracting entity shall be required to withhold state income tax at the top marginal income tax rate as provided in section 143.011, RSMo, as applied to compensation paid to such individual for the performance of such services within this state which exceeds the minimum amount of compensation the contracting entity is required to report as income on the United States Internal Revenue Service Form 1099.
2. Any contracting entity who fails to comply with the withholding requirements of this section shall be liable for the taxes required to have been withheld unless such contracting entity is exempt from federal withholding with respect to such individual under a properly filed Internal Revenue Service Form 8233 or its equivalent, and has provided a copy of such form to the Missouri department of revenue.
577.736. 1. The attorney general is authorized and directed to negotiate the terms of a memorandum of understanding between the state of Missouri and the United States Department of Justice or the United States Department of Homeland Security, as provided by Section 1357(g) of Title 8 of the United States Code, concerning the enforcement of federal immigration and custom laws, detention and removals, and investigations in the state of Missouri.
2. The memorandum of understanding negotiated under subsection 1 of this section shall be signed on behalf of this state by the attorney general and the governor or as otherwise required by the appropriate federal agency.
3. No local government, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this state.
4. Notwithstanding any other provision of law, no government entity or official within the state of Missouri, may prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the United States Department of Homeland Security, information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
5. Notwithstanding any other provision of law, no person or agency may prohibit, or in any way restrict, a public employee from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or receiving such information from, the United States Department of Homeland Security;
(2) Maintaining such information; or
(3) Exchanging such information with any other federal, state, or local government entity.
6. The provisions of this section shall allow for a private right of action by any natural or legal person lawfully domiciled in this state to file for a writ of mandamus to compel any noncooperating local or state governmental agency to comply with such reporting laws.
577.738. 1. An individual who is not lawfully present in the United States shall not be eligible on the basis or residence within the state for:
(1) Any postsecondary education benefit including, but not limited to, scholarships or financial aid; or
(2) Resident tuition.
2. An individual not lawfully present in the United States may be eligible for postsecondary education benefits if:
(1) The individual provides to the postsecondary educational institution a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the individual's immigration status; or
(2) The individual files an affidavit with the postsecondary educational institution stating that the individual will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than:
(a) One year after the date on which the student enrolls for study at the institution; or
(b) If there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process; and
(3) The individual files an affidavit under subdivision (2) of this subsection, present to the postsecondary educational institution a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services no later than:
(a) One year after the date on which the individual enrolls for study at the institution; or
(b) If there is no formal process to permit children of parents without lawful immigration status to apply for lawful status without the risk of deportation, one year after the date the United States Citizenship and Immigration Services provide such a formal process, which copy shall be maintained in the institutions's records for that individual.
3. Any student who completes the required criteria provided in paragraph (a) of subdivision (2) of subsection 2 of this section shall not be disqualified on the basis of the individual's immigration status from any scholarships or financial aid provided by this state.
4. The provisions of this section shall not impose any additional conditions to maintain resident tuition at a postsecondary educational institution within the state of Missouri on an individual who was enrolled in a degree program and first received such resident tuition status at that institution during the 2007-2008 school year or any prior year.