SB 1070 - This act modifies various provisions relating to illegal aliens. BUSINESS LICENSES (Section 67.5200) All political subdivisions are prohibited from issuing a license to an individual if the individual does not provide documentation of citizenship or lawful presence in this country. For purposes of this provision, the term "license" means any permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any political subdivision for the purposes of operating a business or to an individual who provides a service to any person where the license is necessary in performing that service. This provision contains certain exceptions. REAL PROPERTY TAX INCREMENT ALLOCATION REDEVELOPMENT ACT - Prohibition on Agreements with Illegal Aliens (Sections 99.820 and 99.845) Current law allows any municipality to establish a redevelopment plan that calls for the conveyance, lease, mortgage, or other disposition of land for certain purposes. This act prohibits conveying, leasing, mortgaging, or otherwise disposing of such land to a person unlawfully present in this country. Any appropriation distributed to a municipality for a redevelopment project found to be in violation of this prohibition shall be recaptured by the Department of Economic Development. ELIGIBILITY FOR PUBLIC BENEFITS (Section 208.009) The act creates new eligibility verification requirements for public benefits, specifically including the Supplemental Nutrition Assistance Program (SNAP) and Mo HealthNet. Specifically, only people who are United States citizens, United States Nationals, or meet the definition of an eligible alien and qualified alien under federal law are eligible for public benefits. Provisions are included dictating the manner of providing proof of identity as one of the aforementioned individuals. Failure to submit acceptable documentation establishing United States citizenship, United States national status, or alien status eligible for such public benefits within the temporary eligibility period shall result in denial or termination of public benefits. No additional period of eligibility for temporary benefits shall be granted to any applicant who has previously been denied public benefits at any time due to a failure to verify United States citizenship, United States national status, or alien status eligible for such public benefits. The act additionally creates new reporting requirements for Mo HealthNet with respect to illegal aliens receiving certain medical care. Current law prohibits any alien unlawfully present in the United States from receiving any state or local public benefit, including any health benefits, with the exception of emergency medical care, prenatal care, services offering alternatives to abortion, emergency assistance, or legal assistance. This act requires the Director of Mo HealthNet, not later than September 30 of each year, to submit to the Governor, the Speaker of the House of Representatives, and the President Pro Tem of the Senate, a report detailing the total amount of funds that were expended by health care providers in this state over the previous fiscal year for the rendering of emergency medical care, prenatal care, services offering alternatives to abortion, and emergency assistance to aliens unlawfully present in the United States. When administering SNAP benefits, the Department of Social Services shall: • Consider the entire income and financial resources of any individual rendered ineligible to receive SNAP benefits under subsection 1 of this section when determining the eligibility and benefit allotment of the household of which such individual is a member; and • Notwithstanding federal law to the contrary, not prorate or exclude the income or financial resources of ineligible individuals under this act. All such income and resources shall be fully considered. E-VERIFY (Section 285.530) Current law requires only public employers to enroll and actively participate in a federal work authorization program, while all other employers are permitted, but not required, to enroll and participate. This act requires all private employers whose annual gross revenue exceeds $100,000 to enroll and actively participate in a federal work authorization program. TEMPORARY DETENTION CENTERS (Section 217.155) The Director of the Department of Corrections, in consultation with the Commissioner of Administration, shall identify any property owned by the state that could be used as a temporary detention center for detaining any persons not lawfully present in this country. BANK MONITORING REQUIREMENTS (Section 362.103) The act requires every bank and trust company created under the laws of this state to maintain a monitoring program for the purpose of monitoring transactions after their execution for potential violations of the federal Bank Secrecy Act, 31 U.S.C. sections 5311 to 5330, as well as any other activity the bank or trust company reasonably believes reflects suspicious activity specifically involving any suspected or actual alien unlawfully present in the United States. DEFENSES FOR THE OFFENSE OF TRESPASS OF AN ILLEGAL ALIEN (Section 544.680) Any person who is charged with the offense of trespass by an illegal alien shall have an initial appearance before the court in which the court shall make findings as to whether or not the defendant is seeking asylum under federal law. If the person is seeking asylum, the charges shall be dismissed and the defendant shall be released unless there are other pending criminal offenses. If the person is not seeking asylum and does not pose a risk of danger to the community, then such person may be released. Any person not seeking asylum who poses a risk of danger to the community shall be denied bail and not released from custody. Prior to the initial appearance of the defendant, the U.S. Immigration and Customs Enforcement (ICE) shall be notified of the initial appearance of the defendant and afforded the opportunity to take custody of a defendant prior to the initial appearance of the defendant, provided the ICE enters into an agreement with the Department of Public Safety to deport the person or maintain custody of the person until the person is lawfully present in this country. Any person arrested for the offense of trespass by an illegal alien while driving a motor vehicle shall have his or her vehicle confiscated until the person can prove he or she is legally present in this country. Finally, it shall be an affirmative defense to the offense of trespass of an illegal alien if he or she was coerced by threatened physical force. LAW ENFORCEMENT AGENCIES (Section 544.700) Consistent with all duties created in state and federal law, the act requires all state and local law enforcement agencies and any official responsible for directing or supervising such agency to use best efforts to support the enforcement of federal immigration law. Except as otherwise expressly prohibited by federal law, a state entity, local governmental entity, or law enforcement agency, or an employee, an agent, or a representative of the entity or agency, may not prohibit or in any way restrict a law enforcement agency from taking any of the following actions with respect to information regarding a person's immigration status: • Sending the information to or requesting, receiving, or reviewing the information from a federal immigration agency; • Recording and maintaining the information; • Exchanging the information with a federal immigration agency or another state entity, local governmental entity, or law enforcement agency; • Using the information to comply with an immigration detainer; and • Using the information to confirm the identity of a person who is detained by a law enforcement agency; A state entity, local governmental entity, or law enforcement agency may not prohibit or in any way restrict a law enforcement officer from executing or assisting in the execution of a lawful judicial warrant. A law enforcement officer shall make an arrest if a computer inquiry reveals a facially sufficient detainer. IDENTITY THEFT - USE OF FAKE IDENTIFICATION (Section 570.223) Current law provides that it is a class B misdemeanor for a person to knowingly and with the intent to deceive or defraud obtain, possess, transfer, use, or attempt to obtain, transfer, or use, one or more means of identification not lawfully issued for the person's use. This act makes the offense a class E felony if it is done knowingly and with the intent to deceive or defraud a prospective or current employer of the person, a financial institution, or a public utility. OFFENSE OF TRESPASS OF AN ILLEGAL ALIEN (Section 577.678) This act creates the offense of trespass by an illegal alien which provides that a person shall be guilty of such offense if the person is an illegal alien who is 18 years of age or older and who knowingly enters this state and remains here and is physically present in the state at the time a certified bounty hunter or peace officer apprehends the person. Such an offense shall be a felony for a term of imprisonment without eligibility for probation or conditional release. As an alternative to a sentence of life imprisonment, the court may order the defendant taken into the custody of ICE if the Department and ICE execute an agreement guaranteeing that the defendant shall be deported or remain in custody until the defendant is legally present in the United States. A person shall not be arrested for the offense if the person legally entered the country through a port of entry and was lawfully present when entering the country. Any person who commits the offense of trespass by an illegal alien shall be prohibited from voting in any election, receiving any permit or license to drive, receiving any public benefit, and becoming a legal resident of this state. This provision contains a contingent effective date. Each person arrested under this act shall provide a DNA sample under current law procedures. Additionally, the Department of Public Safety shall develop an information system for people to report violations of this act which shall include a toll-free telephone hotline, e-mail, and online reporting portal. The hotline shall also accept reports of sex and human trafficking. Any person who makes a report in which an illegal alien, or person committing a sex or human trafficking offense, is arrested shall be eligible to receive a reward of $1,000. The Department of Public Safety shall develop the "Missouri Illegal Alien Certified Bounty Hunter Program" which shall certify applicants to be bounty hunters for the purpose of finding and detaining illegal aliens in this state. Any person with a license as a bail bond agent, general bail bond agent, or surety recovery agent may apply to the program as provided in the act. The Department shall promulgate rules for the administration of this program, which shall include rules regarding the method of investigating, verifying immigration status, and executing arrest warrants of illegal aliens, as provided in the act. A certification as a bounty hunter shall be for four years. A bounty hunter shall support the role of state and local law enforcement agencies in enforcing this act. The Department shall establish a training program for certified bounty hunters to perform the functions of an immigration officer which shall include adherence to federal law. The training program shall be at least 30 days in length and encompass basic training of peace officers that is necessary to carry out the duties of a certified bounty hunter. This act also creates the "Missouri Illegal Alien Certified Bounty hunter Program Fund" which shall consist of money appropriated by the General Assembly. SEX AND HUMAN TRAFFICKING (Section 577.678, 650.655 and 650.660) The act requires the hotline established by the act to also accept reports of sex and human trafficking involving illegal aliens. A certified bounty hunter may be dispatched by the Department to effect the arrest of a person for any offense involving sex or human trafficking. The Department shall be responsible for coordinating all efforts among state departments, as well as with the federal government and local governments, to combat sex and human trafficking. The Department shall establish guidelines for a training program on sex and human trafficking for public entities listed in the act. The act creates the "Anti-Human Trafficking Training Fund" to be used by the Department to develop and provide the training required by this act. Any entity that receives public funds shall report any data in the entity's possession regarding reports of sex and human trafficking to the Department within thirty days of receiving the report. Such aggregated information, excluding any personally identifiable information of a victim of sex and human trafficking, shall be made available to the public. The act creates the Rapid Response for Victims of Sex and Human Trafficking Fund, which shall consist of moneys appropriated by the General Assembly. Moneys shall be distributed by the Department to licensed hospitals that provide rapid intake and intervention for victims of sex and human trafficking. To qualify, a hospital shall meet requirements delineated in the act. SCOTT SVAGERA