SB 858 Modifies the law relating to illegal immigrants
Sponsor: Rupp
LR Number: 3595L.14C Fiscal Note: 3595-13
Committee: Pensions, Veterans' Affairs and General Laws
Last Action: 5/15/2008 - Referred to Rules Committee pursuant to Rule 25(21)(f) Journal Page: H1714
Title: HCS#2 SS SCS SBs 858, et al Calendar Position:
Effective Date: Varies
House Handler: Nolte

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HCS/SS/SCS/SBs 858, 750, 751, 927, 1186, 1255, 1268 & 1269 - This act modifies the law relating to illegal aliens.

LAW ENFORCEMENT

The Highway Patrol shall enter into a memorandum of understanding with the federal government to have members trained to enforce federal immigration laws. (Section 43.032)

If the lawful presence of a prisoner cannot be made after a reasonable effort, verification shall be made within 48 hours through the Department of Homeland Security. (Section 577.900)

SANCTUARY

Municipalities are barred from adopting policies designed to give aliens sanctuary when they are present in violation of federal immigration laws. Those municipalities that adopt sanctuary policies shall be ineligible for any grants provided by the state. (Section 67.307, effective date: January 1, 2009)

PUBLIC EDUCATION

Illegal aliens are barred from enrolling in all public universities in the state. Institutions shall annually certify that they have not knowingly enrolled any aliens unlawfully present in United States in the preceding year. (Sections 172.360, 174.130, 175.025, 178.635, 178,780, and 178.785)

PUBLIC BENEFITS

Under federal law, unlawfully present aliens are not eligible for state or local public benefits with certain exceptions. This act reiterates federal law stating that such aliens are ineligible and the exceptions.

Applicants for benefits shall provide proof of citizenship, residency, or lawful presence in order to receive benefits. If applicants cannot provide such proof they can sign an affidavit attesting to their status and shall be eligible to receive temporary benefits until their status can be determined.

If an applicant is an alien, the applicant shall not receive benefits until lawful presence is verified by the federal government. (Section 208.009)

EMPLOYMENT

Employers are barred from employing unauthorized aliens. Violators are subject to the suspension of their business permits and licenses or exemptions. In order to correct the violation and have permits and licenses reinstated, the employer shall terminate the employment of the alien or request a second verification from the federal government, sign a sworn affidavit stating that the violation has ended, and submit documentation confirming the entity is enrolled in a federal work authorization program.

Violators under contract with the state shall have their contracts voided and shall be barred form contracting with the state for three years. Subsequent violations shall result in a void contract and a permanent bar from contracting with the state.

Business entities shall participate in a federal work authorization program in order to be eligible for state contracts. Public employers shall also participate in such a program.

Contractors are not liable when they provide documented proof of enrollment in any federal work authorization program. They are not liable for unauthorized aliens hired by their direct subcontractors if they obtain documented proof of the subcontractor's enrollment in a program or a sworn affidavit attesting that all employees are lawfully present.

(Sections 285.525, 285.530, 285.535, 285.540, 285.543, 285.550, 285.555, and 285.560 Effective date: January 1, 2009)

OSHA TRAINING

Contractors and subcontractors who contract to work on public works projects shall provide a 10 hour Occupational Safety and Health instruction and safety program, or similar program approved by the department of labor, for their employees. All employees working on projects must have completed the course within 60 days of beginning work and shall keep evidence of completion on the worksite.

Contractors and subcontractors in violation will forfeit $2,500 plus $100 for each worker employed for each day the worker is employed without training to the public body awarding the contract.

Public bodies and contractors may withhold assessed penalties from contractors and subcontractors respectively.

(Section 292.675, Effective date: August 28, 2009.)

DRIVER'S LICENSES

The Department of Revenue shall not issue any driver's license to illegal aliens nor to persons who cannot prove lawful presence. A driver's license issued to an illegal alien in another state shall not be honored by the state of Missouri and the Department of Revenue for any purpose. The state of Missouri hereby declares that granting drivers licenses to illegal aliens is repugnant to the public policy of Missouri and therefore Missouri shall not extend full faith and credit to out-of-state drivers licenses issued to illegal aliens. (Section 302.063)

Written tests for commercial licenses shall only be administered in English. (Section 302.720)

The act creates specific crimes for assisting individuals in committing fraud in connection with obtaining instruction permits, driver's licenses, and nondriver's licenses. (Section 578.570)

BAIL

There shall be a presumption that releasing a person under any conditions set by the court, pending trial, appeal, or other proceeding, shall not reasonably assure the person's appearance if the judge reasonably believes the person is an illegal alien. If such presumption exists, the person shall be jailed until he or she provides verification of his or her lawful presence in the United States to rebut such presumption. If the person adequately proves his or her lawful presence, the judge shall review the issue of release again. However, if the person cannot prove his or her lawful presence, the person shall continue to be jailed until discharged in accordance with the law. (Section 544.470)

HARBORING

Individuals are barred from transporting or harboring any alien knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the U.S. in violation of the law. (Section 577.722)

COMMUNICATIONS WITH THE FEDERAL GOVERNMENT

The act bars government entities, political subdivisions, and government officials from interfering with any communication with the federal government regarding the citizenship or immigration status of any individual. The state shall not fund government entities, agencies, or political subdivisions that have policies that would interfere with such communications. (Section 650.681, effective date January 1, 2009)

This act is similar to SB 1250 (2006), SB 348 (2007), SB 626 (2007), HB 1346 (2008), HB 1463 (2008), HB 1736 (2008), HB 1549 (2008), HB 1771 (2008), HB 1395 (2008), HB 2366 (2008), HB 2320 (2008), SB 929 (2008), SB 927 (2008), and SB 1138 (2008).

CHRIS HOGERTY