Missouri HB 120: Modifies provisions relating to employment and creates new requirements relating to the verification of the immigration status of certain persons

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 120
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MURPHY.
0505H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repealsections 67.307, 285.530, 285.535, and 650.475, RSMo, and to enact in lieu thereof
six new sections relating to employment practices, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 67.307, 285.530, 285.535, and 650.475, RSMo, are repealed and
2 six new sections enacted in lieu thereof, to be known as sections 67.307, 285.530, 285.535,
3 285.545, 290.045, and 650.475, to read as follows:
67.307. 1. As used in this section, the following terms mean:
2 (1) "Law enforcement officer", a sheriff or peace officer of a municipality with the
3 duty and power of arrest for violation of the general criminal laws of the state or for violation
4 of ordinances of municipalities;
5 (2) "Municipality", any county, city, town, or village;
6 (3) "Municipality official", any elected or appointed official or any law enforcement
7 officer serving the municipality;
8 (4) "Sanctuary policy", any municipality's order or ordinance, enacted or followed
9 that:
10 (a) Limits or prohibits any municipality official or person employed by the
11 municipality from communicating or cooperating with federal agencies or officials to verify
12 or report the immigration status of any alien within such municipality; or
13 (b) Grants to illegal aliens the right to lawful presence or status within the
14 municipality in violation of federal law.
15 2. No municipality shall enact or adopt any sanctuary policy. Any municipality that
16 enactsoradoptsasanctuarypolicyshallbeineligibleforanymoneysprovidedthroughgrants
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

17 administered by any state agency or department until the sanctuary policy is repealed or is no
18 longer in effect. Upon the complaint of any state resident regarding a specific government
19 entity, agency, or political subdivision of this state or prior to the provision of funds or
20 awarding of any grants to a government entity, agency, or political subdivision of this state,
21 any member of the general assembly may request that the attorney general of the state of
22 Missouri issue an opinion stating whether the government entity, agency, or political
23 subdivision has current policies in contravention of this section.
24 3. The governing body, sheriff, or chief of police of each municipality shall provide
25 each law enforcement officer with written notice of their duty to cooperate with state and
26 federal agencies and officials on matters pertaining to enforcement of state and federal laws
27 governing immigration.
28 4. This section shall become effective on January 1, 2009.
29 5. The provisions of this section shall not apply to qualified immigrant workers
30 registered in the Missouri department of labor and industrial relations database under
31 section 285.545.
285.530. 1. No business entity or employer shall knowingly employ, hire for
2 employment, or continue to employ an unauthorized alien to perform work within the state of
3 Missouri.
4 2. As a condition for the award of any contract or grant in excess of five thousand
5 dollars by the state or by any political subdivision of the state to a business entity, or for any
6 business entity receiving a state-administered or subsidized tax credit, tax abatement, or loan
7 from the state, the business entity shall, by sworn affidavit and provision of documentation,
8 affirmitsenrollmentandparticipationinafederalworkauthorizationprogramwithrespectto
9 the employees working in connection with the contracted services. Every such business
10 entityshallalsosignanaffidavitaffirmingthatitdoesnotknowinglyemployanypersonwho
11 is an unauthorized alien in connection with the contracted services. Any entity contracting
12 with the state or any political subdivision of the state shall only be required to provide the
13 affidavitsrequiredinthissubsectiontothestateandanypoliticalsubdivisionofthestatewith
14 which it contracts, on an annual basis. During or immediately after an emergency, the
15 requirements of this subsection that a business entity enroll and participate in a federal work
16 authorization program shall be suspended for fifteen working days. As used in this
17 subsection, "emergency" includes the following natural and manmade disasters: major snow
18 and ice storms, floods, tornadoes, severe weather, earthquakes, hazardous material incidents,
19 nuclear power plant accidents, other radiological hazards, and major mechanical failures of a
20 public utility facility.
21 3. All public employers, private employers, and business entities shall enroll and
22 actively participate in a federal work authorization program.
HB 120 2

23 4. (1) Beginn