SB 1250 Enacts multiple provisions regarding illegal aliens
Sponsor: Alter Co-Sponsor(s)
LR Number: 5422L.06C Fiscal Note: 5422-06
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/10/2006 - Reported Do Pass H Rules Committee Journal Page: H1740
Title: HCS SCS SB 1250 Calendar Position:
Effective Date: August 28, 2006
House Handler: Dusenberg

Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2006 Senate Bills

Current Bill Summary

SCS/SB 1250 - This act alters multiple provisions regarding illegal aliens.

SECTION 34.077: This act bars employers from entering into public works contracts while employing undocumented workers. A public entity inviting bids for public works contracts must include in its criteria for eligibility a signed, notarized statement averring that the applicant employs no undocumented workers. The act mandates certain contractual provisions that must be present in a public works contract including the absence of the employ of undocumented workers on any contracting level, the material breach of the contract predicated upon the violation of the undocumented worker mandate, and the release of the public entity for liability related to violations.

Entities who knowingly employ undocumented workers are barred from participating in public works projects for three years. The administrative hearing commission shall have jurisdiction over appeals. The attorney general is charged with enforcing the provisions of this section.

SECTION 43.032: Subject to appropriation, the superintendent of the Highway Patrol shall designate that some or all members of the highway patrol be trained in accordance with a memorandum of understanding between Missouri and the U.S. Department of Homeland Security concerning the enforcement of federal immigration laws on federal highways and interstates in Missouri.

SECTIONS 172.360, 174.130, 175.025, 178.635, 178.780, and 178.785: This act prohibits the admission of unlawfully present aliens to public institutions of higher education. The registrar of each institution must certify to the appropriations committees of the General Assembly that the institution has not knowingly admitted any illegal alien before the approval of any appropriations.

SECTION 208.009: This act provides that an individual who is not a citizen or a permanent resident of the United States or who does not possess lawful immigration status shall be prohibited from receiving state or local public assistance under Chapter 208, except for state or local public assistance that is mandated by federal law.

An applicant who is nineteen years of age or older shall provide affirmative proof that the applicant is a citizen or permanent resident of the United States or is lawfully present in the United States.

An applicant who cannot provide the proof required under this act at the time of application for public assistance may alternatively sign an affidavit under oath, attesting to either United States citizenship or to classification by the United States as an alien lawfully admitted for permanent residence, in order to receive temporary benefits. An applicant providing the sworn affidavit is eligible to receive temporary public assistance program benefits as delineated in the act.

All state agencies administering public assistance programs in this state shall cooperate with local governments and the United States Department of Homeland Security to develop a system to facilitate verification of an individual's lawful presence.

SECTION 285.025: This act stipulates that employers who employ illegal aliens are not eligible to receive loans from any governing body of the state.

SECTION 544.677: This section requires a jailer to make a reasonable effort to determine whether a person is a citizen of the United States when such person is charged with a felony and confined in the jail. If the jailer reasonably believes that such person is not a citizen of the United States, he or she shall make a reasonable effort to verify that the person is lawfully within the United States. If verification of such information cannot be made with documents in the person's possession, it shall be made within 48 hours through a query to the U.S. Department of Homeland Security. If it is determined that the person being confined is not lawfully within the United States, the jailer shall notify the U.S. Department of Homeland Security.

Nothing in this section shall be construed to deny a person bond or from being released from confinement when otherwise eligible for release.

SECTION 590.700: Under this act, peace officers are authorized to investigate, apprehend, or detain any individual who is not a citizen or permanent resident of the United States and who is located in this state. Peace officers are authorized to transfer such individuals to the custody of the Bureau of Customs and Immigration Enforcement of the United States Department of Homeland Security and to transport such individuals across state lines to a detention center.