Creates provisions relating to illegal aliens

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1070
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
5467S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 99.820, 99.845, 208.009, 285.530, and 570.223, RSMo, and to enact in lieu
thereof thirteen new sections relating to illegal aliens, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 99.820, 99.845, 208.009, 285.530, and 1
570.223, RSMo, are repealed and thirteen new sections enacted 2
in lieu thereof, to be known as sections 67.5200, 99.820, 3
99.845, 208.009, 217.155, 285.530, 362.103, 544.680, 544.700, 4
570.223, 577.678, 650.655, and 650.660, to read as follows:5
67.5200. 1. A political subdivision of the state 1
shall not issue a license to an individual if the individual 2
does not provide documentation of citizenship or lawful 3
presence in this country by presenting any of the following 4
documents to the political subdivision indicating that the 5
individual's presence in the United States is authorized 6
under federal law: 7
(1) A Missouri driver's license or a Missouri 8
nondriver's license; 9
(2) A driver's license issued by a state that verifies 10
lawful presence in the United States; 11
(3) A birth certificate or delayed birth certificate 12
issued in any state, territory, or possession of the United 13
States; 14
(4) A United States certificate of birth abroad; 15
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(5) A United States passport; 16
(6) A foreign passport with a United States visa; 17
(7) An I-94 form with a photograph; 18
(8) A United States citizenship and immigration 19
services employment authorization document or refugee travel 20
document; 21
(9) A United States certificate of naturalization; 22
(10) A United States certificate of citizenship; 23
(11) A tribal certificate of Indian blood; 24
(12) A tribal or bureau of Indian affairs affidavit of 25
birth; 26
(13) Any other license that is issued by the federal 27
government, any other state government, an agency of this 28
state, or a political subdivision of this state that 29
requires proof of citizenship or lawful alien status before 30
issuing the license. 31
2. This section does not apply to an individual if 32
either: 33
(1) Both of the following apply: 34
(a) The individual is a citizen of a foreign country 35
or, if at the time of application, the individual resides in 36
a foreign country; and 37
(b) The benefits that are related to the license do 38
not require the individual to be present in the United 39
States in order to receive those benefits; or 40
(2) All of the following apply: 41
(a) The individual is a resident of another state; 42
(b) The individual holds an equivalent license in that 43
other state and the equivalent license is of the same type 44
being sought in this state; and 45
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(c) The individual seeks the license to comply with 46
this state's licensing laws and not to establish residency 47
in this state. 48
3. If, pursuant to subsection 1 of this section, an 49
individual has affirmatively established citizenship of the 50
United States on a form of nonexpiring work authorization 51
issued by the federal government, the individual, on renewal 52
or reinstatement of a license, is not required to provide 53
subsequent documentation of that status. 54
4. If, on renewal or reinstatement of a license, an 55
individual holds a limited form of work authorization issued 56
by the federal government that has expired, the individual 57
shall provide documentation of that status. 58
5. If a document listed in subsection 1 of this 59
section, other than subdivision (13) of such subsection, 60
does not contain a photograph of the individual, the 61
individual shall also present a government-issued document 62
that contains a photograph of the individual. 63
6. For the purposes of this section, the term 64
"license" means any permit, certificate, approval, 65
registration, charter, or similar form of authorization that 66
is required by law and that is issued by any political 67
subdivision for the purposes of operating a business or to 68
an individual who provides a service to any person where the 69
license is necessary in performing that service. 70
99.820. 1. A municipality may: 1
(1) By ordinance introduced in the governing body of 2
the municipality within fourteen to ninety days from the 3
completion of the hearing required in section 99.825, 4
approve redevelopment plans and redevelopment projects, and 5
designate redevelopment project areas pursuant to the notice 6
and hearing requirements of sections 99.800 to 99.865. No 7
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redevelopment project shall be approved unless a 8
redevelopment plan has been approved and a redevelopment 9
area has been designated prior to or concurrently with the 10
approval of such redevelopment project and the area selected 11
for the redevelopment project shall include only those 12
parcels of real property and improvements thereon directly 13
and substantially benefitted by the proposed redevelopment 14
project improvements; 15
(2) Make and enter into all contracts necessary or 16
incidental to the implementation and furtherance of its 17
redevelopment plan or project; 18
(3) Pursuant to a redevelopment plan, subject to any 19
constitutional limitations, acquire by purchase, donation, 20
lease or, as part of a redevelopment project, eminent 21
domain, own, convey, lease, mortgage, or dispose of land and 22
other property, real or personal, or rights or interests 23
therein, and grant or acquire licenses, easements and 24
options with respect thereto, all in the manner and at such 25
price the municipality or the commission determines is 26
reasonably necessary to achieve the objectives of the 27
redevelopment plan. No conveyance, lease, mortgage, 28
disposition of land or other property, acquired by the 29
municipality, or agreement relating to the development of 30
the property shall be made except upon the adoption of an 31
ordinance by the governing body of the municipality. Each 32
municipality or its commission shall establish written 33
procedures relating to bids and proposals for implementation 34
of the redevelopment projects. Furthermore, no conveyance, 35
lease, mortgage, or other disposition of land or agreement 36
relating to the development of property shall be made 37
without making public disclosure of the terms of the 38
disposition and all bids and proposals made in response to 39
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the municipality's request, and no conveyance, lease, 40
mortgage, or other disposition of land or agreement relating 41
to the development of property shall be made to an alien who 42
is unlawfully present in this country by the municipality or 43
any developer or other entity located within the 44
redevelopment area. Such procedures for obtaining such bids 45
and proposals shall provide reasonable opportunity for any 46
person to submit alternative proposals or bids; 47
(4) Within a redevelopment area, clear any area by 48
demolition or removal of existing buildings and structures; 49
(5) Within a redevelopment area, renovate, 50
rehabilitate, or construct any structure or building; 51
(6) Install, repair, construct, reconstruct, or 52
relocate streets, utilities, and site improvements essential 53
to the preparation of the redevelopment area for use in 54
accordance with a redevelopment plan; 55
(7) Within a redevelopment area, fix, charge, and 56
collect fees, rents, and other charges for the use of any 57
building or property owned or leased by it or any part 58
thereof, or facility therein; 59
(8) Accept grants, guarantees, and donations of 60
property, labor, or other things of value from a public or 61
private source for use within a redevelopment area; 62
(9) Acquire and construct public facilities within a 63
redevelopment area; 64
(10) Incur redevelopment costs and issue obligations; 65
(11) Make payment in lieu of taxes, or a portion 66
thereof, to taxing districts; 67
(12) Disburse surplus funds from the special 68
allocation fund to taxing districts as follows: 69
(a) Such surplus payments in lieu of taxes shall be 70
distributed to taxing districts within the redevelopment 71
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area which impose ad valorem taxes on a basis that is 72
proportional to the current collections of revenue which 73
each taxing district receives from real property in the 74
redevelopment area; 75
(b) Surplus economic activity taxes shall be 76
distributed to taxing districts in the redevelopment area 77
which impose economic activity taxes, on a basis that is 78
proportional to the amount of such economic activity taxes 79
the taxing district would have received from the 80
redevelopment area had tax increment financing not been 81
adopted; 82
(c) Surplus revenues, other than payments in lieu of 83
taxes and economic activity taxes, deposited in the special 84
allocation fund, shall be distributed on a basis that is 85
proportional to the total receipt of such other revenues in 86
such account in the year prior to disbursement; 87
(13) If any member of the governing body of the 88
municipality, a member of a commission established pursuant 89
to subsection 2 or 3 of this section, or an employee or 90
consultant of the municipality, involved in the planning and 91
preparation of a redevelopment plan, or redevelopment 92
project for a redevelopment area or proposed redevelopment 93
area, owns or controls an interest, direct or indirect, in 94
any property included in any redevelopment area, or proposed 95
redevelopment area, which property is designated to be 96
acquired or improved pursuant to a redevelopment project, he 97
or she shall disclose the same in writing to the clerk of 98
the municipality, and shall also so disclose the dates, 99
terms, and conditions of any disposition of any such 100
interest, which disclosures shall be acknowledged by the 101
governing body of the municipality and entered upon the 102
minutes books of the governing body of the municipality. If 103
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an individual holds such an interest, then that individual 104
shall refrain from any further official involvement in 105
regard to such redevelopment plan, redevelopment project or 106
redevelopment area, from voting on any matter pertaining to 107
such redevelopment plan, redevelopment project or 108
redevelopment area, or communicating with other members 109
concerning any matter pertaining to that redevelopment plan, 110
redevelopment project or redevelopment area. Furthermore, 111
no such member or employee shall acquire any interest, 112
direct or indirect, in any property in a redevelopment area 113
or proposed redevelopment area after either (a) such 114
individual obtains knowledge of such plan or project, or (b) 115
first public notice of such plan, project or area pursuant 116
to section 99.830, whichever first occurs; 117
(14) Charge as a redevelopment cost the reasonable 118
costs incurred by its clerk or other official in 119
administering the redevelopment project. The charge for the 120
clerk's or other official's costs shall be determined by the 121
municipality based on a recommendation from the commission, 122
created pursuant to this section. 123
2. Prior to adoption of an ordinance approving the 124
designation of a redevelopment area or approving a 125
redevelopment plan or redevelopment project, the 126
municipality shall create a commission of nine persons if 127
the municipality is a county or a city not within a county 128
and not a first class county with a charter form of 129
government with a population in excess of nine hundred 130
thousand, and eleven persons if the municipality is not a 131
county and not in a first class county with a charter form 132
of government having a population of more than nine hundred 133
thousand, and twelve persons if the municipality is located 134
in or is a first class county with a charter form of 135
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government having a population of more than nine hundred 136
thousand, to be appointed as follows: 137
(1) In all municipalities two members shall be 138
appointed by the school boards whose districts are included 139
within the redevelopment plan or redevelopment area. Such 140
members shall be appointed in any manner agreed upon by the 141
affected districts; 142
(2) In all municipalities one member shall be 143
appointed, in any manner agreed upon by the affected 144
districts, to represent all other districts levying ad 145
valorem taxes within the area selected for a redevelopment 146
project or the redevelopment area, excluding representatives 147
of the governing body of the municipality; 148
(3) In all municipalities six members shall be 149
appointed by the chief elected officer of the municipality, 150
with the consent of the majority of the governing body of 151
the municipality; 152
(4) In all municipalities which are not counties and 153
not in a first class county with a charter form of 154
government having a population in excess of nine hundred 155
thousand, two members shall be appointed by the county of 156
such municipality in the same manner as members are 157
appointed in subdivision (3) of this subsection; 158
(5) In a municipality which is a county with a charter 159
form of government having a population in excess of nine 160
hundred thousand, three members shall be appointed by the 161
cities in the county which have tax increment financing 162
districts in a manner in which the cities shall agree; 163
(6) In a municipality which is located in the first 164
class county with a charter form of government having a 165
population in excess of nine hundred thousand, three members 166
shall be appointed by the county of such municipality in the 167
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same manner as members are appointed in subdivision (3) of 168
this subsection; 169
(7) At the option of the members appointed by the 170
municipality, the members who are appointed by the school 171
boards and other taxing districts may serve on the 172
commission for a term to coincide with the length of time a 173
redevelopment project, redevelopment plan or designation of 174
a redevelopment area is considered for approval by the 175
commission, or for a definite term pursuant to this 176
subdivision. If the members representing school districts 177
and other taxing districts are appointed for a term 178
coinciding with the length of time a redevelopment project, 179
plan or area is approved, such term shall terminate upon 180
final approval of the project, plan or designation of the 181
area by the governing body of the municipality. Thereafter 182
the commission shall consist of the six members appointed by 183
the municipality, except that members representing school 184
boards and other taxing districts shall be appointed as 185
provided in this section prior to any amendments to any 186
redevelopment plans, redevelopment projects or designation 187
of a redevelopment area. If any school district or other 188
taxing jurisdiction fails to appoint members of the 189
commission within thirty days of receipt of written notice 190
of a proposed redevelopment plan, redevelopment project or 191
designation of a redevelopment area, the remaining members 192
may proceed to exercise the power of the commission. Of the 193
members first appointed by the municipality, two shall be 194
designated to serve for terms of two years, two shall be 195
designated to serve for a term of three years and two shall 196
be designated to serve for a term of four years from the 197
date of such initial appointments. Thereafter, the members 198
appointed by the municipality shall serve for a term of four 199
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years, except that all vacancies shall be filled for 200
unexpired terms in the same manner as were the original 201
appointments. Members appointed by the county executive or 202
presiding commissioner prior to August 28, 2008, shall 203
continue their service on the commission established in 204
subsection 3 of this section without further appointment 205
unless the county executive or presiding commissioner 206
appoints a new member or members. 207
3. Beginning August 28, 2008: 208
(1) In lieu of a commission created under subsection 2 209
of this section, any city, town, or village in a county with 210
a charter form of government and with more than one million 211
inhabitants, in a county with a charter form of government 212
and with more than two hundred fifty thousand but fewer than 213
three hundred fifty thousand inhabitants, in a county of the 214
first classification with more than one hundred eighty-five 215
thousand but fewer than two hundred thousand inhabitants, or 216
in a county of the first classification with more than 217
ninety-two thousand but fewer than one hundred one thousand 218
inhabitants shall, prior to adoption of an ordinance 219
approving the designation of a redevelopment area or 220
approving a redevelopment plan or redevelopment project, 221
create a commission consisting of twelve persons to be 222
appointed as follows: 223
(a) Six members appointed either by the county 224
executive or presiding commissioner; notwithstanding any 225
provision of law to the contrary, no approval by the 226
county's governing body shall be required; 227
(b) Three members appointed by the cities, towns, or 228
villages in the county which have tax increment financing 229
districts in a manner in which the chief elected officials 230
of such cities, towns, or villages agree; 231
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(c) Two members appointed by the school boards whose 232
districts are included in the county in a manner in which 233
the school boards agree; and 234
(d) One member to represent all other districts 235
levying ad valorem taxes in the proposed redevelopment area 236
in a manner in which all such districts agree. 237
No city, town, or village subject to this subsection shall 238
create or maintain a commission under subsection 2 of this 239
section, except as necessary to complete a public hearing 240
for which notice under section 99.830 has been provided 241
prior to August 28, 2008, and to vote or make 242
recommendations relating to redevelopment plans, 243
redevelopment projects, or designation of redevelopment 244
areas, or amendments thereto that were the subject of such 245
public hearing; 246
(2) Members appointed to the commission created under 247
this subsection, except those six members appointed by 248
either the county executive or presiding commissioner, shall 249
serve on the commission for a term to coincide with the 250
length of time a redevelopment project, redevelopment plan, 251
or designation of a redevelopment area is considered for 252
approval by the commission. The six members appointed by 253
either the county executive or the presiding commissioner 254
shall serve on all such commissions until replaced. The 255
city, town, or village that creates a commission under this 256
subsection shall send notice thereof by certified mail to 257
the county executive or presiding commissioner, to the 258
school districts whose boundaries include any portion of the 259
proposed redevelopment area, and to the other taxing 260
districts whose boundaries include any portion of the 261
proposed redevelopment area. The city, town, or village 262
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that creates the commission shall also be solely responsible 263
for notifying all other cities, towns, and villages in the 264
county that have tax increment financing districts and shall 265
exercise all administrative functions of the commission. 266
The school districts receiving notice from the city, town, 267
or village shall be solely responsible for notifying the 268
other school districts within the county of the formation of 269
the commission. If the county, school board, or other 270
taxing district fails to appoint members to the commission 271
within thirty days after the city, town, or village sends 272
the written notice, as provided herein, that it has convened 273
such a commission or within thirty days of the expiration of 274
any such member's term, the remaining duly appointed members 275
of the commission may exercise the full powers of the 276
commission. 277
4. (1) Any commission created under this section, 278
subject to approval of the governing body of the 279
municipality, may exercise the powers enumerated in sections 280
99.800 to 99.865, except final approval of plans, projects 281
and designation of redevelopment areas. The commission 282
shall hold public hearings and provide notice pursuant to 283
sections 99.825 and 99.830. 284
(2) Any commission created under subsection 2 of this 285
section shall vote on all proposed redevelopment plans, 286
redevelopment projects and designations of redevelopment 287
areas, and amendments thereto, within thirty days following 288
completion of the hearing on any such plan, project or 289
designation and shall make recommendations to the governing 290
body within ninety days of the hearing referred to in 291
section 99.825 concerning the adoption of or amendment to 292
redevelopment plans and redevelopment projects and the 293
designation of redevelopment areas. The requirements of 294
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subsection 2 of this section and this subsection shall not 295
apply to redevelopment projects upon which the required 296
hearings have been duly held prior to August 31, 1991. 297
(3) Any commission created under subsection 3 of this 298
section shall, within fifteen days of the receipt of a 299
redevelopment plan meeting the minimum requirements of 300
section 99.810, as determined by counsel to the city, town, 301
or village creating the commission and a request by the 302
applicable city, town, or village for a public hearing, fix 303
a time and place for the public hearing referred to in 304
section 99.825. The public hearing shall be held no later 305
than seventy-five days from the commission's receipt of such 306
redevelopment plan and request for public hearing. The 307
commission shall vote and make recommendations to the 308
governing body of the city, town, or village requesting the 309
public hearing on all proposed redevelopment plans, 310
redevelopment projects, and designations of redevelopment 311
areas, and amendments thereto within thirty days following 312
the completion of the public hearing. A recommendation of 313
approval shall only be deemed to occur if a majority of the 314
commissioners voting on such plan, project, designation, or 315
amendment thereto vote for approval. A tied vote shall be 316
considered a recommendation in opposition. If the 317
commission fails to vote within thirty days following the 318
completion of the public hearing referred to in section 319
99.825 concerning the proposed redevelopment plan, 320
redevelopment project, or designation of redevelopment area, 321
or amendments thereto, such plan, project, designation, or 322
amendment thereto shall be deemed rejected by the commission. 323
5. It shall be the policy of the state that each 324
redevelopment plan or project of a municipality be carried 325
out with full transparency to the public. The records of 326
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the tax increment financing commission including, but not 327
limited to, commission votes and actions, meeting minutes, 328
summaries of witness testimony, data, and reports submitted 329
to the commission shall be retained by the governing body of 330
the municipality that created the commission and shall be 331
made available to the public in accordance with chapter 610. 332
99.845. 1. A municipality, either at the time a 1
redevelopment project is approved or, in the event a 2
municipality has undertaken acts establishing a 3
redevelopment plan and redevelopment project and has 4
designated a redevelopment area after the passage and 5
approval of sections 99.800 to 99.865 but prior to August 6
13, 1982, which acts are in conformance with the procedures 7
of sections 99.800 to 99.865, may adopt tax increment 8
allocation financing by passing an ordinance providing that 9
after the total equalized assessed valuation of the taxable 10
real property in a redevelopment project exceeds the 11
certified total initial equalized assessed valuation of the 12
taxable real property in the redevelopment project, the ad 13
valorem taxes, and payments in lieu of taxes, if any, 14
arising from the levies upon taxable real property in such 15
redevelopment project by taxing districts and tax rates 16
determined in the manner provided in subsection 2 of section 17
99.855 each year after the effective date of the ordinance 18
until redevelopment costs have been paid shall be divided as 19
follows: 20
(1) That portion of taxes, penalties and interest 21
levied upon each taxable lot, block, tract, or parcel of 22
real property which is attributable to the initial equalized 23
assessed value of each such taxable lot, block, tract, or 24
parcel of real property in the area selected for the 25
redevelopment project shall be allocated to and, when 26
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collected, shall be paid by the county collector to the 27
respective affected taxing districts in the manner required 28
by law in the absence of the adoption of tax increment 29
allocation financing; 30
(2) (a) Payments in lieu of taxes attributable to the 31
increase in the current equalized assessed valuation of each 32
taxable lot, block, tract, or parcel of real property in the 33
area selected for the redevelopment project and any 34
applicable penalty and interest over and above the initial 35
equalized assessed value of each such unit of property in 36
the area selected for the redevelopment project shall be 37
allocated to and, when collected, shall be paid to the 38
municipal treasurer who shall deposit such payment in lieu 39
of taxes into a special fund called the "Special Allocation 40
Fund" of the municipality for the purpose of paying 41
redevelopment costs and obligations incurred in the payment 42
thereof. Beginning August 28, 2014, if the voters in a 43
taxing district vote to approve an increase in such taxing 44
district's levy rate for ad valorem tax on real property, 45
any additional revenues generated within an existing 46
redevelopment project area that are directly attributable to 47
the newly voter-approved incremental increase in such taxing 48
district's levy rate shall not be considered payments in 49
lieu of taxes subject to deposit into a special allocation 50
fund without the consent of such taxing district. Revenues 51
will be considered directly attributable to the newly voter- 52
approved incremental increase to the extent that they are 53
generated from the difference between the taxing district's 54
actual levy rate currently imposed and the maximum voter- 55
approved levy rate at the time that the redevelopment 56
project was adopted. Payments in lieu of taxes which are 57
due and owing shall constitute a lien against the real 58
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estate of the redevelopment project from which they are 59
derived and shall be collected in the same manner as the 60
real property tax, including the assessment of penalties and 61
interest where applicable. The municipality may, in the 62
ordinance, pledge the funds in the special allocation fund 63
for the payment of such costs and obligations and provide 64
for the collection of payments in lieu of taxes, the lien of 65
which may be foreclosed in the same manner as a special 66
assessment lien as provided in section 88.861. No part of 67
the current equalized assessed valuation of each lot, block, 68
tract, or parcel of property in the area selected for the 69
redevelopment project attributable to any increase above the 70
total initial equalized assessed value of such properties 71
shall be used in calculating the general state school aid 72
formula provided for in section 163.031 until such time as 73
all redevelopment costs have been paid as provided for in 74
this section and section 99.850. 75
(b) Notwithstanding any provisions of this section to 76
the contrary, for purposes of determining the limitation on 77
indebtedness of local government pursuant to Article VI, 78
Section 26(b) of the Missouri Constitution, the current 79
equalized assessed value of the property in an area selected 80
for redevelopment attributable to the increase above the 81
total initial equalized assessed valuation shall be included 82
in the value of taxable tangible property as shown on the 83
last completed assessment for state or county purposes. 84
(c) The county assessor shall include the current 85
assessed value of all property within the taxing district in 86
the aggregate valuation of assessed property entered upon 87
the assessor's book and verified pursuant to section 88
137.245, and such value shall be utilized for the purpose of 89
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the debt limitation on local government pursuant to Article 90
VI, Section 26(b) of the Missouri Constitution; 91
(3) For purposes of this section, "levies upon taxable 92
real property in such redevelopment project by taxing 93
districts" shall not include the blind pension fund tax 94
levied under the authority of Article III, Section 38(b) of 95
the Missouri Constitution, or the merchants' and 96
manufacturers' inventory replacement tax levied under the 97
authority of subsection 2 of Section 6 of Article X of the 98
Missouri Constitution, except in redevelopment project areas 99
in which tax increment financing has been adopted by 100
ordinance pursuant to a plan approved by vote of the 101
governing body of the municipality taken after August 13, 102
1982, and before January 1, 1998. 103
2. In addition to the payments in lieu of taxes 104
described in subdivision (2) of subsection 1 of this 105
section, for redevelopment plans and projects adopted or 106
redevelopment projects approved by ordinance after July 12, 107
1990, and prior to August 31, 1991, fifty percent of the 108
total additional revenue from taxes, penalties and interest 109
imposed by the municipality, or other taxing districts, 110
which are generated by economic activities within the area 111
of the redevelopment project over the amount of such taxes 112
generated by economic activities within the area of the 113
redevelopment project in the calendar year prior to the 114
adoption of the redevelopment project by ordinance, while 115
tax increment financing remains in effect, but excluding 116
taxes imposed on sales or charges for sleeping rooms paid by 117
transient guests of hotels and motels, taxes levied pursuant 118
to section 70.500, licenses, fees or special assessments 119
other than payments in lieu of taxes and any penalty and 120
interest thereon, or, effective January 1, 1998, taxes 121
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levied pursuant to section 94.660, for the purpose of public 122
transportation, shall be allocated to, and paid by the local 123
political subdivision collecting officer to the treasurer or 124
other designated financial officer of the municipality, who 125
shall deposit such funds in a separate segregated account 126
within the special allocation fund. Any provision of an 127
agreement, contract or covenant entered into prior to July 128
12, 1990, between a municipality and any other political 129
subdivision which provides for an appropriation of other 130
municipal revenues to the special allocation fund shall be 131
and remain enforceable. 132
3. In addition to the payments in lieu of taxes 133
described in subdivision (2) of subsection 1 of this 134
section, for redevelopment plans and projects adopted or 135
redevelopment projects approved by ordinance after August 136
31, 1991, fifty percent of the total additional revenue from 137
taxes, penalties and interest which are imposed by the 138
municipality or other taxing districts, and which are 139
generated by economic activities within the area of the 140
redevelopment project over the amount of such taxes 141
generated by economic activities within the area of the 142
redevelopment project in the calendar year prior to the 143
adoption of the redevelopment project by ordinance, while 144
tax increment financing remains in effect, but excluding 145
personal property taxes, taxes imposed on sales or charges 146
for sleeping rooms paid by transient guests of hotels and 147
motels, taxes levied pursuant to section 70.500, taxes 148
levied for the purpose of public transportation pursuant to 149
section 94.660, taxes imposed on sales pursuant to 150
subsection 2 of section 67.1712 for the purpose of operating 151
and maintaining a metropolitan park and recreation district, 152
licenses, fees or special assessments other than payments in 153
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lieu of taxes and penalties and interest thereon, any sales 154
tax imposed by a county with a charter form of government 155
and with more than six hundred thousand but fewer than seven 156
hundred thousand inhabitants, for the purpose of sports 157
stadium improvement or levied by such county under section 158
238.410 for the purpose of the county transit authority 159
operating transportation facilities, or for redevelopment 160
plans and projects adopted or redevelopment projects 161
approved by ordinance after August 28, 2013, taxes imposed 162
on sales under and pursuant to section 67.700 or 650.399 for 163
the purpose of emergency communication systems, shall be 164
allocated to, and paid by the local political subdivision 165
collecting officer to the treasurer or other designated 166
financial officer of the municipality, who shall deposit 167
such funds in a separate segregated account within the 168
special allocation fund. Beginning August 28, 2014, if the 169
voters in a taxing district vote to approve an increase in 170
such taxing district's sales tax or use tax, other than the 171
renewal of an expiring sales or use tax, any additional 172
revenues generated within an existing redevelopment project 173
area that are directly attributable to the newly voter- 174
approved incremental increase in such taxing district's levy 175
rate shall not be considered economic activity taxes subject 176
to deposit into a special allocation fund without the 177
consent of such taxing district. 178
4. Beginning January 1, 1998, for redevelopment plans 179
and projects adopted or redevelopment projects approved by 180
ordinance and which have complied with subsections 4 to 12 181
of this section, in addition to the payments in lieu of 182
taxes and economic activity taxes described in subsections 183
1, 2 and 3 of this section, up to fifty percent of the new 184
state revenues, as defined in subsection 8 of this section, 185
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estimated for the businesses within the project area and 186
identified by the municipality in the application required 187
by subsection 10 of this section, over and above the amount 188
of such taxes reported by businesses within the project area 189
as identified by the municipality in their application prior 190
to the approval of the redevelopment project by ordinance, 191
while tax increment financing remains in effect, may be 192
available for appropriation by the general assembly as 193
provided in subsection 10 of this section to the department 194
of economic development supplemental tax increment financing 195
fund, from the general revenue fund, for distribution to the 196
treasurer or other designated financial officer of the 197
municipality with approved plans or projects. 198
5. The treasurer or other designated financial officer 199
of the municipality with approved plans or projects shall 200
deposit such funds in a separate segregated account within 201
the special allocation fund established pursuant to section 202
99.805. 203
6. No transfer from the general revenue fund to the 204
Missouri supplemental tax increment financing fund shall be 205
made unless an appropriation is made from the general 206
revenue fund for that purpose. No municipality shall commit 207
any state revenues prior to an appropriation being made for 208
that project. For all redevelopment plans or projects 209
adopted or approved after December 23, 1997, appropriations 210
from the new state revenues shall not be distributed from 211
the Missouri supplemental tax increment financing fund into 212
the special allocation fund unless the municipality's 213
redevelopment plan ensures that one hundred percent of 214
payments in lieu of taxes and fifty percent of economic 215
activity taxes generated by the project shall be used for 216
eligible redevelopment project costs while tax increment 217
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financing remains in effect. This account shall be separate 218
from the account into which payments in lieu of taxes are 219
deposited, and separate from the account into which economic 220
activity taxes are deposited. 221
7. In order for the redevelopment plan or project to 222
be eligible to receive the revenue described in subsection 4 223
of this section, the municipality shall comply with the 224
requirements of subsection 10 of this section prior to the 225
time the project or plan is adopted or approved by 226
ordinance. The director of the department of economic 227
development and the commissioner of the office of 228
administration may waive the requirement that the 229
municipality's application be submitted prior to the 230
redevelopment plan's or project's adoption or the 231
redevelopment plan's or project's approval by ordinance. 232
8. For purposes of this section, "new state revenues" 233
means: 234
(1) The incremental increase in the general revenue 235
portion of state sales tax revenues received pursuant to 236
section 144.020, excluding sales taxes that are 237
constitutionally dedicated, taxes deposited to the school 238
district trust fund in accordance with section 144.701, 239
sales and use taxes on motor vehicles, trailers, boats and 240
outboard motors and future sales taxes earmarked by law. In 241
no event shall the incremental increase include any amounts 242
attributable to retail sales unless the municipality or 243
authority has proven to the Missouri development finance 244
board and the department of economic development and such 245
entities have made a finding that the sales tax increment 246
attributable to retail sales is from new sources which did 247
not exist in the state during the baseline year. The 248
incremental increase in the general revenue portion of state 249
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sales tax revenues for an existing or relocated facility 250
shall be the amount that current state sales tax revenue 251
exceeds the state sales tax revenue in the base year as 252
stated in the redevelopment plan as provided in subsection 253
10 of this section; or 254
(2) The state income tax withheld on behalf of new 255
employees by the employer pursuant to section 143.221 at the 256
business located within the project as identified by the 257
municipality. The state income tax withholding allowed by 258
this section shall be the municipality's estimate of the 259
amount of state income tax withheld by the employer within 260
the redevelopment area for new employees who fill new jobs 261
directly created by the tax increment financing project. 262
9. Subsection 4 of this section shall apply only to 263
the following: 264
(1) Blighted areas located in enterprise zones, 265
pursuant to sections 135.200 to 135.256, blighted areas 266
located in federal empowerment zones, or to blighted areas 267
located in central business districts or urban core areas of 268
cities which districts or urban core areas at the time of 269
approval of the project by ordinance, provided that the 270
enterprise zones, federal empowerment zones or blighted 271
areas contained one or more buildings at least fifty years 272
old; and 273
(a) Suffered from generally declining population or 274
property taxes over the twenty-year period immediately 275
preceding the area's designation as a project area by 276
ordinance; or 277
(b) Was a historic hotel located in a county of the 278
first classification without a charter form of government 279
with a population according to the most recent federal 280
decennial census in excess of one hundred fifty thousand and 281
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containing a portion of a city with a population according 282
to the most recent federal decennial census in excess of 283
three hundred fifty thousand; 284
(2) Blighted areas consisting solely of the site of a 285
former automobile manufacturing plant located in any county 286
with a charter form of government and with more than nine 287
hundred fifty thousand inhabitants. For the purposes of 288
this section, "former automobile manufacturing plant" means 289
a redevelopment area containing a minimum of one hundred 290
acres, and such redevelopment area was previously used 291
primarily for the manufacture of automobiles but ceased such 292
manufacturing after the 2007 calendar year; or 293
(3) Blighted areas consisting solely of the site of a 294
former insurance company national service center containing 295
a minimum of one hundred acres located in any county with a 296
charter form of government and with more than nine hundred 297
fifty thousand inhabitants. 298
10. The initial appropriation of up to fifty percent 299
of the new state revenues authorized pursuant to subsection 300
4 of this section shall not be made to or distributed by the 301
department of economic development to a municipality until 302
all of the following conditions have been satisfied: 303
(1) The director of the department of economic 304
development or his or her designee and the commissioner of 305
the office of administration or his or her designee have 306
approved a tax increment financing application made by the 307
municipality for the appropriation of the new state 308
revenues. The municipality shall include in the application 309
the following items in addition to the items in section 310
99.810: 311
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(a) The tax increment financing district or 312
redevelopment area, including the businesses identified 313
within the redevelopment area; 314
(b) The base year of state sales tax revenues or the 315
base year of state income tax withheld on behalf of existing 316
employees, reported by existing businesses within the 317
project area prior to approval of the redevelopment project; 318
(c) The estimate of the incremental increase in the 319
general revenue portion of state sales tax revenue or the 320
estimate for the state income tax withheld by the employer 321
on behalf of new employees expected to fill new jobs created 322
within the redevelopment area after redevelopment; 323
(d) The official statement of any bond issue pursuant 324
to this subsection after December 23, 1997; 325
(e) An affidavit that is signed by the developer or 326
developers attesting that the provisions of subdivision (1) 327
of subsection 1 of section 99.810 have been met and 328
specifying that the redevelopment area would not be 329
reasonably anticipated to be developed without the 330
appropriation of the new state revenues; 331
(f) The cost-benefit analysis required by section 332
99.810 includes a study of the fiscal impact on the state of 333
Missouri; 334
(g) The statement of election between the use of the 335
incremental increase of the general revenue portion of the 336
state sales tax revenues or the state income tax withheld by 337
employers on behalf of new employees who fill new jobs 338
created in the redevelopment area; 339
(h) The name, street and mailing address, and phone 340
number of the mayor or chief executive officer of the 341
municipality; 342
(i) The street address of the development site; 343
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(j) The three-digit North American Industry 344
Classification System number or numbers characterizing the 345
development project; 346
(k) The estimated development project costs; 347
(l) The anticipated sources of funds to pay such 348
development project costs; 349
(m) Evidence of the commitments to finance such 350
development project costs; 351
(n) The anticipated type and term of the sources of 352
funds to pay such development project costs; 353
(o) The anticipated type and terms of the obligations 354
to be issued; 355
(p) The most recent equalized assessed valuation of 356
the property within the development project area; 357
(q) An estimate as to the equalized assessed valuation 358
after the development project area is developed in 359
accordance with a development plan; 360
(r) The general land uses to apply in the development 361
area; 362
(s) The total number of individuals employed in the 363
development area, broken down by full-time, part-time, and 364
temporary positions; 365
(t) The total number of full-time equivalent positions 366
in the development area; 367
(u) The current gross wages, state income tax 368
withholdings, and federal income tax withholdings for 369
individuals employed in the development area; 370
(v) The total number of individuals employed in this 371
state by the corporate parent of any business benefitting 372
from public expenditures in the development area, and all 373
subsidiaries thereof, as of December thirty-first of the 374
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prior fiscal year, broken down by full-time, part-time, and 375
temporary positions; 376
(w) The number of new jobs to be created by any 377
business benefitting from public expenditures in the 378
development area, broken down by full-time, part-time, and 379
temporary positions; 380
(x) The average hourly wage to be paid to all current 381
and new employees at the project site, broken down by full- 382
time, part-time, and temporary positions; 383
(y) For project sites located in a metropolitan 384
statistical area, as defined by the federal Office of 385
Management and Budget, the average hourly wage paid to 386
nonmanagerial employees in this state for the industries 387
involved at the project, as established by the United States 388
Bureau of Labor Statistics; 389
(z) For project sites located outside of metropolitan 390
statistical areas, the average weekly wage paid to 391
nonmanagerial employees in the county for industries 392
involved at the project, as established by the United States 393
Department of Commerce; 394
(aa) A list of other community and economic benefits 395
to result from the project; 396
(bb) A list of all development subsidies that any 397
business benefitting from public expenditures in the 398
development area has previously received for the project, 399
and the name of any other granting body from which such 400
subsidies are sought; 401
(cc) A list of all other public investments made or to 402
be made by this state or units of local government to 403
support infrastructure or other needs generated by the 404
project for which the funding pursuant to this section is 405
being sought; 406
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(dd) A statement as to whether the development project 407
may reduce employment at any other site, within or without 408
the state, resulting from automation, merger, acquisition, 409
corporate restructuring, relocation, or other business 410
activity; 411
(ee) A statement as to whether or not the project 412
involves the relocation of work from another address and if 413
so, the number of jobs to be relocated and the address from 414
which they are to be relocated; 415
(ff) A list of competing businesses in the county 416
containing the development area and in each contiguous 417
county; 418
(gg) A market study for the development area; 419
(hh) A certification by the chief officer of the 420
applicant as to the accuracy of the development plan; 421
(ii) An affidavit that is signed by the developer or 422
developers and the chief executive officer of the 423
municipality attesting that neither the developer nor the 424
municipality leases or will lease or sell any property 425
located within the development area to an alien who is 426
unlawfully present in this country. Any appropriation 427
distributed to a municipality for a redevelopment project 428
found to be in violation of the provisions of this paragraph 429
shall be recaptured by the department of economic 430
development; 431
(2) The methodologies used in the application for 432
determining the base year and determining the estimate of 433
the incremental increase in the general revenue portion of 434
the state sales tax revenues or the state income tax 435
withheld by employers on behalf of new employees who fill 436
new jobs created in the redevelopment area shall be approved 437
by the director of the department of economic development or 438
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his or her designee and the commissioner of the office of 439
administration or his or her designee. Upon approval of the 440
application, the director of the department of economic 441
development or his or her designee and the commissioner of 442
the office of administration or his or her designee shall 443
issue a certificate of approval. The department of economic 444
development may request the appropriation following 445
application approval; 446
(3) The appropriation shall be either a portion of the 447
estimate of the incremental increase in the general revenue 448
portion of state sales tax revenues in the redevelopment 449
area or a portion of the estimate of the state income tax 450
withheld by the employer on behalf of new employees who fill 451
new jobs created in the redevelopment area as indicated in 452
the municipality's application, approved by the director of 453
the department of economic development or his or her 454
designee and the commissioner of the office of 455
administration or his or her designee. At no time shall the 456
annual amount of the new state revenues approved for 457
disbursements from the Missouri supplemental tax increment 458
financing fund for redevelopment projects approved prior to 459
August 28, 2018, exceed thirty-two million dollars; 460
provided, however, that such thirty-two million dollar cap 461
shall not apply to redevelopment plans or projects initially 462
listed by name in the applicable appropriations bill after 463
August 28, 2015, which involve: 464
(a) A former automobile manufacturing plant; 465
(b) The retention of a federal employer employing over 466
two thousand geospatial intelligence jobs; or 467
(c) A health information technology employer employing 468
over seven thousand employees in the state of Missouri and 469
which is estimated to create in excess of fifteen thousand 470
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new jobs with an average annual wage of more than seventy- 471
five thousand dollars. 472
At no time shall the annual amount of the new state revenues 473
for disbursements from the Missouri supplemental tax 474
increment financing fund for redevelopment plans and 475
projects eligible under the provisions of paragraph (a) of 476
this subdivision exceed four million dollars in the 477
aggregate. At no time shall the annual amount of the new 478
state revenues for disbursements from the Missouri 479
supplemental tax increment financing fund for redevelopment 480
plans and projects eligible under the provisions of 481
paragraph (b) of this subdivision exceed twelve million 482
dollars in the aggregate. To the extent a redevelopment 483
plan or project independently meets the eligibility criteria 484
set forth in both paragraphs (a) and (b) of this 485
subdivision, then at no such time shall the annual amount of 486
new state revenues for disbursements from the Missouri 487
supplemental tax increment financing fund for such eligible 488
redevelopment plan or project exceed twelve million dollars 489
in the aggregate; 490
(4) At no time shall the annual amount of the new 491
state revenues approved for disbursements from the Missouri 492
supplemental tax increment financing fund for redevelopment 493
plans or projects approved on or after August 28, 2018, and 494
before August 28, 2028, be increased by or exceed ten 495
million dollars. Any individual redevelopment plan or 496
project approved prior to August 28, 2018, which is expanded 497
with buildings of new construction shall not be increased by 498
more than three million dollars annually in excess of the 499
original previously approved maximum annual projected 500
amount. At no time shall the annual amount of the new state 501
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revenues approved for disbursements from the Missouri 502
supplemental tax increment financing fund for redevelopment 503
plans or projects approved on or after August 28, 2028, 504
exceed twenty million dollars; provided, however, that such 505
ceilings shall not apply to redevelopment plans or projects 506
exempted from such ceilings under subdivision (3) of this 507
subsection. For all redevelopment plans or projects 508
initially approved on or after August 28, 2018, at no time 509
shall a single redevelopment plan or project within such 510
redevelopment plan receive an appropriation under this 511
section that exceeds three million dollars annually; 512
(5) Redevelopment plans and projects receiving new 513
state revenues shall have a duration of up to fifteen years, 514
unless prior approval for a longer term is given by the 515
director of the department of economic development or his or 516
her designee and the commissioner of the office of 517
administration or his or her designee; except that, in no 518
case shall the duration exceed twenty-three years. 519
11. In addition to the areas authorized in subsection 520
9 of this section, the funding authorized pursuant to 521
subsection 4 of this section shall also be available in a 522
federally approved levee district, where construction of a 523
levee begins after December 23, 1997, and which is contained 524
within a county of the first classification without a 525
charter form of government with a population between fifty 526
thousand and one hundred thousand inhabitants which contains 527
all or part of a city with a population in excess of four 528
hundred thousand or more inhabitants. 529
12. There is hereby established within the state 530
treasury a special fund to be known as the "Missouri 531
Supplemental Tax Increment Financing Fund", to be 532
administered by the department of economic development. The 533
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department shall annually distribute from the Missouri 534
supplemental tax increment financing fund the amount of the 535
new state revenues as appropriated as provided in the 536
provisions of subsection 4 of this section if and only if 537
the conditions of subsection 10 of this section are met. 538
The fund shall also consist of any gifts, contributions, 539
grants or bequests received from federal, private or other 540
sources. Moneys in the Missouri supplemental tax increment 541
financing fund shall be disbursed per project pursuant to 542
state appropriations. 543
13. Redevelopment project costs may include, at the 544
prerogative of the state, the portion of salaries and 545
expenses of the department of economic development and the 546
department of revenue reasonably allocable to each 547
redevelopment project approved for disbursements from the 548
Missouri supplemental tax increment financing fund for the 549
ongoing administrative functions associated with such 550
redevelopment project. Such amounts shall be recovered from 551
new state revenues deposited into the Missouri supplemental 552
tax increment financing fund created under this section. 553
14. For redevelopment plans or projects approved by 554
ordinance that result in net new jobs from the relocation of 555
a national headquarters from another state to the area of 556
the redevelopment project, the economic activity taxes and 557
new state tax revenues shall not be based on a calculation 558
of the incremental increase in taxes as compared to the base 559
year or prior calendar year for such redevelopment project, 560
rather the incremental increase shall be the amount of total 561
taxes generated from the net new jobs brought in by the 562
national headquarters from another state. In no event shall 563
this subsection be construed to allow a redevelopment 564
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project to receive an appropriation in excess of up to fifty 565
percent of the new state revenues. 566
15. Notwithstanding any other provision of the law to 567
the contrary, the adoption of any tax increment financing 568
authorized under sections 99.800 to 99.865 shall not 569
supersede, alter, or reduce in any way a property tax levied 570
under section 205.971. 571
208.009. 1. No individual who is not a United States 1
citizen or national of the United States shall be eligible 2
to receive food assistance through the Supplemental 3
Nutrition Assistance Program (SNAP), unless that individual 4
meets the definition of an eligible alien pursuant to 7 5
U.S.C. 2015(f) and meets the definition of a qualified alien 6
pursuant to 8 U.S.C. 1641(b). 7
2. No individual who is not a United States citizen or 8
national of the United States shall be eligible to receive 9
medical assistance through MO HealthNet, unless that 10
individual meets the definition of an eligible alien 11
pursuant to 42 U.S.C. 1396b(v) and meets the definition of a 12
qualified alien pursuant to 8 U.S.C. 1641(b). 13
3. No alien unlawfully present in the United States 14
shall receive any state or local public benefit, except for 15
state or local public benefits that may be offered under 8 16
U.S.C. 1621(b). Nothing in this section shall be construed 17
to prohibit the rendering of emergency medical care, 18
prenatal care, services offering alternatives to abortion, 19
emergency assistance, or legal assistance to any person. 20
Not later than September 30 of each year, the director of MO 21
HealthNet shall provide to the governor, the speaker of the 22
house of representatives, and the president pro tempore of 23
the senate, a report detailing the total amount of funds 24
that were expended by health care providers in this state 25
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over the previous fiscal year for the rendering of emergency 26
medical care, prenatal care, services offering alternatives 27
to abortion, or emergency assistance to aliens not lawfully 28
present in this country. 29
[2.] 4. As used in this section, "public benefit" 30
means any grant, contract, or loan provided by an agency of 31
state or local government; or any retirement, welfare, 32
health, disability, housing, or food assistance benefit 33
under which payments, assistance, credits, or reduced rates 34
or fees are provided. The term "public benefit" shall not 35
include postsecondary education public benefits as defined 36
in section 173.1110, any municipal permit, or contracts or 37
agreements between public utility providers and their 38
customers or unemployment benefits payable under chapter 39
288. The unemployment compensation program shall verify the 40
lawful presence of an alien for the purpose of determining 41
eligibility for benefits in accordance with its own 42
procedures. 43
[3.] 5. In addition to providing proof of other 44
eligibility requirements, at the time of application for any 45
state or local public benefit, an applicant [who is eighteen 46
years of age or older] shall provide affirmative proof [that 47
the applicant is] they are a United States citizen [or a 48
permanent resident of the United States or is lawfully 49
present in the United States], a United States national, or 50
an alien with eligible immigration status for public 51
benefits. Such affirmative proof shall include documentary 52
evidence recognized by the department of revenue when 53
processing an application for a driver's license, a Missouri 54
driver's license, as well as any document issued by the 55
federal government that confirms an alien's lawful presence 56
in the United States[. In processing applications for 57
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public benefits, an employee of an agency of state or local 58
government shall not inquire about the legal status of a 59
custodial parent or guardian applying for a public benefit 60
on behalf of his or her dependent child who is a citizen or 61
permanent resident of the United States] and eligible alien 62
status for public benefits. 63
[4.] 6. An applicant who cannot provide the proof 64
required under this section at the time of application may 65
alternatively sign an affidavit under oath, attesting to 66
either United States citizenship or classification by the 67
United States as an alien lawfully admitted [for permanent 68
residence] that is eligible for public benefits, in order to 69
receive temporary benefits or a temporary identification 70
document as provided in this section. The affidavit shall 71
be on or consistent with forms prepared by the state or 72
local government agency administering the state or local 73
public benefits and shall include the applicant's Social 74
Security number or any applicable federal identification 75
number and an explanation of the penalties under state law 76
for obtaining public assistance benefits fraudulently. 77
[5.] 7. (1) An applicant who has provided the sworn 78
affidavit required under subsection [4] 6 of this section is 79
eligible to receive temporary public benefits as follows: 80
[(1)] (a) For the minimum period required under 81
federal law, or if no minimum period is established under 82
federal law, for ninety days or until such time that it is 83
determined that the applicant is not lawfully present in the 84
United States or otherwise ineligible for public benefits 85
due to immigration status, whichever is earlier; or 86
[(2)] (b) Indefinitely if the applicant provides a 87
copy of a completed application for a birth certificate that 88
is pending in Missouri or some other state. An extension 89
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granted under this subsection shall terminate upon the 90
applicant's receipt of a birth certificate or a 91
determination that a birth certificate does not exist 92
because the applicant is not a United States citizen. 93
(2) Failure to submit acceptable documentation 94
establishing United States citizenship, United States 95
national status, or alien status eligible for such public 96
benefits within the temporary eligibility period shall 97
result in denial or termination of public benefits. 98
(3) No additional period of eligibility for temporary 99
benefits shall be granted to any applicant who has 100
previously been denied public benefits at any time due to a 101
failure to verify United States citizenship, United States 102
national status, or alien status eligible for such public 103
benefits. 104
[6.] 8. An applicant who is an alien shall not receive 105
any state or local public benefit unless the alien's lawful 106
presence in the United States is first verified by the 107
federal government. State and local agencies administering 108
public benefits in this state shall cooperate with the 109
United States Department of Homeland Security in achieving 110
verification of an alien's lawful presence in the United 111
States in furtherance of this section. The system utilized 112
[may] shall include, but not be limited to, the Systematic 113
Alien Verification for Entitlements Program operated by the 114
United States Department of Homeland Security. [After an 115
applicant's lawful presence in the United States has been 116
verified through the Systematic Alien Verification for 117
Entitlements Program, no additional verification is required 118
within the same agency of the state or local government.] 119
9. A match through any electronic or data verification 120
system shall not, by itself, be accepted as proof of 121
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identity. Every applicant for public benefits shall be 122
required to provide documentary proof of United States 123
citizenship, United States national status, or alien status 124
eligible for such public benefits pursuant to subsection 5 125
of this section. 126
[7.] 10. The provisions of this section shall not be 127
construed to require any nonprofit organization duly 128
registered with the Internal Revenue Service to enforce the 129
provisions of this section, nor does it prohibit such an 130
organization from providing aid. 131
[8.] 11. Any agency that administers public benefits 132
shall provide assistance in obtaining appropriate 133
documentation to persons applying for public benefits who 134
sign the affidavit required by subsection [4] 6 of this 135
section stating they are eligible for such benefits but lack 136
the documents required under subsection [3] 5 of this 137
section. 138
12. The MO HealthNet division shall require a field 139
for citizenship or immigration status on all presumptive 140
eligibility applications. The division shall require 141
hospitals, clinics, and other qualified entities authorized 142
to conduct presumptive eligibility determinations to collect 143
and transmit attestations of citizenship or eligible 144
immigration status to the division. No presumptive 145
eligibility application shall be approved unless the 146
applicant certifies that they are a United States citizen, 147
United States national, or alien with eligible immigration 148
status for MO HealthNet. 149
13. Any agency that administers public benefits shall 150
verify that the applicant or enrollee of that public benefit 151
is a United States citizen, United States national, or an 152
eligible alien for such public benefit through the 153
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Systematic Alien Verification for Entitlements Program 154
operated by the United States Department of Homeland 155
Security and any other verification system at the time of 156
application, at each eligibility redetermination, and 157
whenever information is received indicating a change in 158
circumstances affecting eligibility related to citizenship 159
or immigration status. 160
(1) If verification confirms that an applicant or 161
enrollee is not lawfully present in the United States or no 162
longer qualifies pursuant to subsections 1, 2, or 3 of this 163
section, or any successor provision of state and federal 164
law, the agency that administers that public benefit shall 165
immediately terminate future benefits and initiate 166
disenrollment, except as otherwise permitted for temporary 167
benefits under subsection 6 of this section. 168
(2) If any agency that administers public benefits is 169
unable to determine an applicant's or enrollee's lawful 170
presence after a Systematic Alien Verification for 171
Entitlements Program query or other authorized verification, 172
the agency shall immediately suspend approval or 173
continuation of benefits and refer the case to the United 174
States Department of Homeland Security or other appropriate 175
federal agency for investigation and enforcement action. No 176
public benefits shall be paid or continued unless and until 177
lawful presence is conclusively verified, except as 178
otherwise permitted for temporary benefits under subsection 179
6 of this section. 180
(3) The appropriate agency for referral for an 181
applicant or enrollee for whom they were unable to verify 182
lawful presence shall include, but not be limited to, the 183
United States Department of Agriculture. 184
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14. When administering SNAP benefits, the department 185
of social services shall: 186
(1) Consider the entire income and financial resources 187
of any individual rendered ineligible to receive SNAP 188
benefits under subsection 1 of this section when determining 189
the eligibility and benefit allotment of the household of 190
which such individual is a member; and 191
(2) Notwithstanding any options provided under 7 CFR 192
Section 273.11(c)(3), not prorate or exclude the income or 193
financial resources of ineligible individuals under 194
subsection 1 of this section. All such income and resources 195
shall be fully considered. 196
217.155. The director of the department of 1
corrections, in consultation with the commissioner of 2
administration, shall identify any property owned by the 3
state that could be used as a temporary detention center for 4
detaining any persons not lawfully present in this country. 5
285.530. 1. No business entity or employer shall 1
knowingly employ, hire for employment, or continue to employ 2
an unauthorized alien to perform work within the state of 3
Missouri. 4
2. As a condition for the award of any contract or 5
grant in excess of five thousand dollars by the state or by 6
any political subdivision of the state to a business entity, 7
or for any business entity receiving a state-administered or 8
subsidized tax credit, tax abatement, or loan from the 9
state, the business entity shall, by sworn affidavit and 10
provision of documentation, affirm its enrollment and 11
participation in a federal work authorization program with 12
respect to the employees working in connection with the 13
contracted services. Every such business entity shall also 14
sign an affidavit affirming that it does not knowingly 15
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employ any person who is an unauthorized alien in connection 16
with the contracted services. Any entity contracting with 17
the state or any political subdivision of the state shall 18
only be required to provide the affidavits required in this 19
subsection to the state and any political subdivision of the 20
state with which it contracts, on an annual basis. During 21
or immediately after an emergency, the requirements of this 22
subsection that a business entity enroll and participate in 23
a federal work authorization program shall be suspended for 24
fifteen working days. As used in this subsection, 25
"emergency" includes the following natural and manmade 26
disasters: major snow and ice storms, floods, tornadoes, 27
severe weather, earthquakes, hazardous material incidents, 28
nuclear power plant accidents, other radiological hazards, 29
and major mechanical failures of a public utility facility. 30
3. All public employers and all private employers 31
whose annual gross revenue exceeds one hundred thousand 32
dollars shall enroll and actively participate in a federal 33
work authorization program. 34
4. [An] Any employer not required by subsection 3 of 35
this section may enroll and participate in a federal work 36
authorization program and shall verify the employment 37
eligibility of every employee in the employer's hire whose 38
employment commences after the employer enrolls in a federal 39
work authorization program. The employer shall retain a 40
copy of the dated verification report received from the 41
federal government. Any business entity that participates 42
in such program shall have an affirmative defense that such 43
business entity has not violated subsection 1 of this 44
section. 45
5. A general contractor or subcontractor of any tier 46
shall not be liable under sections 285.525 to 285.550 when 47
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such general contractor or subcontractor contracts with its 48
direct subcontractor who violates subsection 1 of this 49
section, if the contract binding the contractor and 50
subcontractor affirmatively states that the direct 51
subcontractor is not knowingly in violation of subsection 1 52
of this section and shall not henceforth be in such 53
violation and the contractor or subcontractor receives a 54
sworn affidavit under the penalty of perjury attesting to 55
the fact that the direct subcontractor's employees are 56
lawfully present in the United States. 57
362.103. Every bank and trust company created under 1
the laws of this state shall maintain a monitoring program 2
for the purpose of monitoring transactions after their 3
execution for potential violations of the federal Bank 4
Secrecy Act, 31 U.S.C. Sections 5311 to 5330, as well as any 5
other activity the bank or trust company reasonably believes 6
reflects suspicious activity specifically involving any 7
suspected or actual alien unlawfully present in the United 8
States. 9
544.680. 1. During the initial appearance of a 1
defendant charged with the offense of trespass by an illegal 2
alien under section 577.678, the court shall make findings 3
as to whether or not the defendant is seeking asylum under 4
provisions of 8 U.S.C. Section 1158. If the court finds 5
that the defendant is legally seeking asylum, the charges 6
shall be dismissed and the defendant shall be released 7
unless the defendant is also charged with other pending 8
criminal offenses. If the court finds that the defendant is 9
not seeking asylum, then the court shall make findings as to 10
whether or not the defendant poses a danger to the 11
community. If the court finds that the defendant does not 12
pose a danger to the community, the defendant may be 13
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released under such conditions as the court may impose. If 14
the court finds that the defendant does pose a danger to the 15
community, the defendant shall be denied bail entirely and 16
such defendant shall not be released from custody of the 17
jail of the county in which the case is to be tried until 18
discharged by due course of law. Prior to the initial 19
appearance of a defendant under this subsection, the law 20
enforcement agency detaining the defendant shall contact 21
United States Immigration and Customs Enforcement within the 22
Department of Homeland Security to give notice of the 23
initial appearance of the defendant. United States 24
Immigration and Customs Enforcement shall have two business 25
days after receiving notice to take custody of the defendant 26
and to execute an agreement with the department guaranteeing 27
to either deport the defendant to his country of origin or 28
maintain custody of the defendant until the defendant is 29
legally present in the United States. After two business 30
days, the initial appearance of the defendant under this 31
subsection may occur if the defendant has not been taken 32
into custody by United States Immigration and Customs 33
Enforcement. 34
2. Any person arrested for the offense of trespass by 35
an illegal alien under section 577.678 who is driving a 36
motor vehicle at the time of arrest shall have such motor 37
vehicle confiscated until such time as the person shall 38
prove to the satisfaction of the court that such person is 39
legally present in this country. 40
3. It is an affirmative defense that the defendant 41
engaged in the conduct constituting the offense of trespass 42
by an illegal alien under section 577.678 because he or she 43
was coerced to do so, by the use of, or threatened imminent 44
use of, unlawful physical force upon him or her or a third 45
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person, which force or threatened force a person of 46
reasonable firmness in his or her situation would have been 47
unable to resist. 48
544.700. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Federal immigration agency", the United States 3
Department of Justice and the United States Department of 4
Homeland Security, a division within such an agency, 5
including United States Immigration and Customs Enforcement 6
and United States Customs and Border Protection, any 7
successor agency, and any other federal agency charged with 8
the enforcement of immigration law; 9
(2) "Immigration detainer", a facially sufficient 10
written or electronic request issued by a federal 11
immigration agency using that agency's official form to 12
request that another law enforcement agency detain a person 13
based on probable cause to believe that the person to be 14
detained is a removable alien under federal immigration law, 15
including detainers issued pursuant to 8 U.S.C. Sections 16
1226 and 1357 along with a warrant described in paragraph 17
(c) of this subdivision. For purposes of this subsection, an 18
immigration detainer is deemed facially sufficient if: 19
(a) The federal immigration agency's official form is 20
complete and indicates on its face that the federal 21
immigration official has probable cause to believe that the 22
person to be detained is a removable alien under federal 23
immigration law; or 24
(b) The federal immigration agency's official form is 25
incomplete and fails to indicate on its face that the 26
federal immigration official has probable cause to believe 27
that the person to be detained is a removable alien under 28
federal immigration law, but is supported by an affidavit, 29
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order, or other official documentation that indicates that 30
the federal immigration agency has probable cause to believe 31
that the person to be detained is a removable alien under 32
federal immigration law; and 33
(c) The federal immigration agency supplies with its 34
detention request a Form I-200 Warrant for Arrest of Alien 35
or a Form I-205 Warrant of Removal/Deportation or a 36
successor warrant or other warrant authorized by federal law; 37
(3) "Inmate", a person in the custody of a law 38
enforcement agency; 39
(4) "Law enforcement agency", an agency in this state 40
charged with enforcement of state, county, municipal, or 41
federal laws or with managing custody of detained persons in 42
this state and includes municipal police departments, 43
sheriffs’ offices, state police departments, state 44
university and college police departments, county jails, and 45
the department of corrections; 46
(5) "Local governmental entity", any county, 47
municipality, or other political subdivision of this state; 48
(6) "State entity", the state or any office, board, 49
bureau, commission, department, branch, division, or 50
institution thereof, including public institutions of higher 51
education. 52
2. (1) Consistent with all duties created in state 53
and federal law, state and local law enforcement agencies 54
and any official responsible for directing or supervising 55
such agency shall use best efforts to support the 56
enforcement of federal immigration law. This subsection 57
applies to an official, representative, agent, or employee 58
of the entity or agency only when he or she is acting within 59
the scope of his or her official duties or within the scope 60
of his or her employment. 61
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(2) Except as otherwise expressly prohibited by 62
federal law, a state entity, local governmental entity, or 63
law enforcement agency, or an employee, an agent, or a 64
representative of the entity or agency, may not prohibit or 65
in any way restrict a law enforcement agency from taking any 66
of the following actions with respect to information 67
regarding a person's immigration status: 68
(a) Sending the information to or requesting, 69
receiving, or reviewing the information from a federal 70
immigration agency for purposes of this section; 71
(b) Recording and maintaining the information for 72
purposes of this section; 73
(c) Exchanging the information with a federal 74
immigration agency or another state entity, local 75
governmental entity, or law enforcement agency for purposes 76
of this section; 77
(d) Using the information to comply with an 78
immigration detainer; and 79
(e) Using the information to confirm the identity of a 80
person who is detained by a law enforcement agency. 81
(3) A state entity, local governmental entity, or law 82
enforcement agency may not prohibit or in any way restrict a 83
law enforcement officer from executing or assisting in the 84
execution of a lawful judicial warrant. A law enforcement 85
officer shall make an arrest if a computer inquiry reveals a 86
facially sufficient detainer. 87
570.223. 1. A person commits the offense of identity 1
theft if he or she knowingly and with the intent to deceive 2
or defraud obtains, possesses, transfers, uses, or attempts 3
to obtain, transfer or use, one or more means of 4
identification not lawfully issued for his or her use. 5
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2. The offense of identity theft is a class B 6
misdemeanor unless: 7
(1) The identity theft results in the theft or 8
appropriation of credit, money, goods, services, or other 9
property: 10
[(1)] (a) Not exceeding seven hundred fifty dollars in 11
value, in which case it is a class A misdemeanor; 12
[(2)] (b) Exceeding seven hundred fifty dollars and 13
not exceeding twenty-five thousand dollars in value, in 14
which case it is a class D felony; 15
[(3)] (c) Exceeding twenty-five thousand dollars and 16
not exceeding seventy-five thousand dollars in value, in 17
which case it is a class C felony; 18
[(4)] (d) Exceeding seventy-five thousand dollars in 19
value, in which case it is a class B felony; 20
(2) The identity theft is an attempt to provide proof 21
of identity to a prospective or current employer of the 22
person, to a financial institution, or to a public utility, 23
in which case it is a class E felony. 24
3. In addition to the provisions of subsection 2 of 25
this section, the court may order that the defendant make 26
restitution to any victim of the offense. Restitution may 27
include payment for any costs, including attorney fees, 28
incurred by the victim: 29
(1) In clearing the credit history or credit rating of 30
the victim; and 31
(2) In connection with any civil or administrative 32
proceeding to satisfy any debt, lien, or other obligation of 33
the victim arising from the actions of the defendant. 34
4. In addition to the criminal penalties in 35
subsections 2 and 3 of this section, any person who commits 36
an act made unlawful by subsection 1 of this section shall 37
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be liable to the person to whom the identifying information 38
belonged for civil damages of up to five thousand dollars 39
for each incident, or three times the amount of actual 40
damages, whichever amount is greater. A person damaged as 41
set forth in subsection 1 of this section may also institute 42
a civil action to enjoin and restrain future acts that would 43
constitute a violation of subsection 1 of this section. The 44
court, in an action brought under this subsection, may award 45
reasonable attorneys' fees to the plaintiff. 46
5. If the identifying information of a deceased person 47
is used in a manner made unlawful by subsection 1 of this 48
section, the deceased person's estate shall have the right 49
to recover damages pursuant to subsection 4 of this section. 50
6. Civil actions under this section must be brought 51
within five years from the date on which the identity of the 52
wrongdoer was discovered or reasonably should have been 53
discovered. 54
7. Civil action pursuant to this section does not 55
depend on whether a criminal prosecution has been or will be 56
instituted for the acts that are the subject of the civil 57
action. The rights and remedies provided by this section 58
are in addition to any other rights and remedies provided by 59
law. 60
8. This section and section 570.224 shall not apply to 61
the following activities: 62
(1) A person obtains the identity of another person to 63
misrepresent his or her age for the sole purpose of 64
obtaining alcoholic beverages, tobacco, going to a gaming 65
establishment, or another privilege denied to minors; 66
(2) A person obtains means of identification or 67
information in the course of a bona fide consumer or 68
commercial transaction; 69
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(3) A person exercises, in good faith, a security 70
interest or right of offset by a creditor or financial 71
institution; 72
(4) A person complies, in good faith, with any 73
warrant, court order, levy, garnishment, attachment, or 74
other judicial or administrative order, decree, or 75
directive, when any party is required to do so; 76
(5) A person is otherwise authorized by law to engage 77
in the conduct that is the subject of the prosecution. 78
9. Notwithstanding the provisions of subdivision (1) 79
or (2) of subsection 2 of this section, every person who has 80
previously been found guilty of identity theft or attempted 81
identity theft, and who subsequently is found guilty of 82
identity theft or attempted identity theft of credit, money, 83
goods, services, or other property not exceeding seven 84
hundred fifty dollars in value is guilty of a class E felony 85
and shall be punished accordingly. 86
10. If credit, property, or services are obtained by 87
two or more acts from the same person or location, or from 88
different persons by two or more acts which occur in 89
approximately the same location or time period so that the 90
identity thefts are attributable to a single scheme, plan, 91
or conspiracy, the acts may be considered as a single 92
identity theft and the value may be the total value of all 93
credit, property, and services involved. 94
577.678. 1. As used in this section, the following 1
terms mean: 2
(1) "Certified bounty hunter", a person who: 3
(a) Possesses a valid unexpired license as a bail bond 4
agent, general bail bond agent, or surety recovery agent 5
under sections 374.695 to 374.789; and 6
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(b) Is certified under this section to find and detain 7
illegal aliens in this state; 8
(2) "Department", the department of public safety; 9
(3) "Illegal alien", a person who is eighteen years of 10
age or older and who is not lawfully present in the United 11
States as defined and described under 8 U.S.C. Section 1101, 12
et seq., as amended; 13
(4) "Life imprisonment", imprisonment for the duration 14
of a person's natural life; 15
(5) "Peace officer", as defined in section 590.010. 16
2. (1) A person commits the offense of trespass by an 17
illegal alien if such person: 18
(a) Is an illegal alien; 19
(b) Knowingly enters this state and remains in this 20
state; and 21
(c) Is physically present in this state at the time a 22
certified bounty hunter or a peace officer apprehends such 23
person. 24
(2) The offense of trespass by an illegal alien under 25
this section is a felony for which the authorized term of 26
imprisonment is life imprisonment without eligibility for 27
probation or conditional release. As an alternative to a 28
sentence of life imprisonment, the court may order that the 29
defendant be taken into the custody of Immigration and 30
Customs Enforcement, provided that such disposition shall 31
only be ordered if the department executes an agreement with 32
Immigration and Customs Enforcement guaranteeing that 33
Immigration and Customs Enforcement shall either deport the 34
defendant to his country of origin or maintain custody of 35
the defendant until such time as the defendant is legally 36
present in the United States. 37
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(3) No person shall be arrested for the offense of 38
trespass by an illegal alien if such person legally entered 39
the country through a port of entry and possessed documents 40
indicating that the person was lawfully present in the 41
country when entering the country through the port of entry. 42
3. (1) A person who commits the offense of trespass 43
by an illegal alien shall be forever disqualified from: 44
(a) Registering and voting in any election under the 45
laws of this state; 46
(b) Securing any certificate or registration or 47
authority, permit, or license to drive under the laws of 48
this state; 49
(c) Applying for or receiving any state or local 50
public benefit offered by this state or a political 51
subdivision of this state; and 52
(d) Becoming a legal resident of this state. 53
(2) The provisions of this subsection shall become 54
effective as soon as technologically possible following the 55
development and maintenance of a modernized, integrated 56
system for the titling of vehicles, issuance and renewal of 57
vehicle registrations, issuance and renewal of driver's 58
licenses and identification cards, and perfection and 59
release of liens and encumbrances on vehicles, to be funded 60
by the motor vehicle administration technology fund as 61
created in section 301.558. Following the development of 62
the system, the director of the department of revenue shall 63
notify the governor, the secretary of state, and the revisor 64
of statutes, and the department of public safety shall 65
implement the provisions of this subsection. 66
4. Each person who is arrested under this section 67
shall provide a DNA sample under the same procedures for 68
collecting a DNA sample described in sections 650.050 to 69
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650.060 and to the same officials described in section 70
650.055. 71
5. Subject to appropriations: 72
(1) (a) The department shall develop and maintain an 73
information system that operates at all times and provides 74
various means to receive and maintain reports of violations 75
of subsection 2 of this section; 76
(b) The various means of receiving such reports shall 77
include, but not be limited to, a toll-free telephone 78
hotline, email address, and online reporting portal. The 79
department shall periodically publicize the hotline 80
telephone number, email address, internet website address, 81
and any other means by which the department may receive such 82
reports; 83
(c) A person who makes a report under this section may 84
choose to remain anonymous until the person affirmatively 85
consents to having the person's identity disclosed; 86
(d) The information system shall be staffed by off- 87
duty peace officers, retired peace officers, and any other 88
peace officer deemed qualified by the department to staff 89
the information system; 90
(e) The hotline established under this subsection 91
shall also accept reports of sex and human trafficking. The 92
department shall establish guidelines for hotline operators 93
to utilize when responding to calls involving sex and human 94
trafficking, including the provision of resources for 95
victims of such trafficking; 96
(f) If an illegal alien is arrested and imprisoned 97
under this section as a result of a report to the 98
information system or a person is arrested and imprisoned 99
for a criminal offense involving sex or human trafficking as 100
a result of a report to the hotline, the person who made the 101
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report shall be eligible to receive a reward of one thousand 102
dollars for providing such report; and 103
(g) Nothing in this section shall be construed to 104
prohibit the commencement of a criminal action under section 105
575.080; and 106
(2) (a) The department shall develop and implement 107
the "Missouri Illegal Alien Certified Bounty Hunter 108
Program", which is hereby created to certify applicants to 109
the program as certified bounty hunters for purposes of 110
finding and detaining illegal aliens in this state under 111
this section; 112
(b) The program shall be administered by the 113
department under the following application and certification 114
procedures: 115
a. A person who possesses a valid unexpired license as 116
a bail bond agent, general bail bond agent, or surety 117
recovery agent under sections 374.695 to 374.789 may apply 118
to the department to be certified as a bounty hunter; 119
b. The department shall accept applications filed in 120
the manner established by rule and on a form prescribed by 121
the department. A completed application shall contain: 122
(i) The date the application was prepared; 123
(ii) The applicant's signature; 124
(iii) A copy of the person's valid unexpired license 125
as a bail bond agent, general bail bond agent, or surety 126
recovery agent under sections 374.695 to 374.789; 127
(iv) A mailing address where the applicant can be 128
contacted by the department for purposes of receiving first 129
class mail, legal documents, and certified mail; 130
(v) A telephone number or numbers where the applicant 131
can be called by the department; 132
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(vi) Certification that the applicant has successfully 133
completed the training prescribed in subdivision (4) of 134
subsection 9 of this section; and 135
(vii) Other information deemed necessary by the 136
department; and 137
(c) Upon receipt of a completed application, the 138
department may certify the applicant as a bounty hunter. 139
The term of certification shall be for four years following 140
the date of initial certification unless the applicant 141
withdraws the certification or the department cancels the 142
certification before such date. The department shall notify 143
each certified bounty hunter of the certification's 144
expiration and provide a renewal form to such certified 145
bounty hunter at least four weeks before such expiration. 146
(d) In addition to effecting the arrest of an illegal 147
alien under subsection 9 of this section, the department may 148
dispatch a certified bounty hunter to effect the arrest of a 149
person who has a warrant for his arrest for any offense 150
involving sex or human trafficking under chapter 566. 151
Certified bounty hunters shall only be permitted to view the 152
warrant, or any other information deemed necessary by the 153
department, and shall not be permitted to view any other 154
record that is permitted by state law to be viewed only by a 155
law enforcement agency officer or employee of a state agency. 156
6. (1) There is hereby created in the state treasury 157
the "Missouri Illegal Alien Certified Bounty Hunter Program 158
Fund", which shall consist of moneys appropriated by the 159
general assembly. The state treasurer shall be custodian of 160
the fund. In accordance with sections 30.170 and 30.180, 161
the state treasurer may approve disbursements. The fund 162
shall be a dedicated fund and, upon appropriation, moneys in 163
this fund shall be used solely to provide moneys to the 164
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department for the implementation and administration of this 165
section. 166
(2) Notwithstanding the provisions of section 33.080 167
to the contrary, any moneys remaining in the fund at the end 168
of the biennium shall not revert to the credit of the 169
general revenue fund. 170
(3) The state treasurer shall invest moneys in the 171
fund in the same manner as other funds are invested. Any 172
interest and moneys earned on such investments shall be 173
credited to the fund. 174
7. The Missouri attorney general and the prosecuting 175
attorney or circuit attorney of each county shall prosecute 176
charges filed under this section. 177
8. The department may promulgate all necessary rules 178
and regulations for the administration of this section. Any 179
rule or portion of a rule, as that term is defined in 180
section 536.010, that is created under the authority 181
delegated in this section shall become effective only if it 182
complies with and is subject to all of the provisions of 183
chapter 536 and, if applicable, section 536.028. This 184
section and chapter 536 are nonseverable and if any of the 185
powers vested with the general assembly pursuant to chapter 186
536 to review, to delay the effective date, or to disapprove 187
and annul a rule are subsequently held unconstitutional, 188
then the grant of rulemaking authority and any rule proposed 189
or adopted after August 28, 2026, shall be invalid and void. 190
9. Such rules and regulations promulgated by the 191
department shall provide that: 192
(1) All law enforcement agencies in this state shall 193
provide the department with any information requested 194
regarding illegal immigration matters in this state; 195
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(2) All law enforcement agencies in this state and the 196
department shall cooperate with the Secretary of the 197
Department of Homeland Security in the identification, 198
apprehension, detention, or removal of aliens not lawfully 199
present in the United States pursuant to 8 U.S.C. Section 200
1357(g)(1)(B); 201
(3) The department, in cooperation with the Department 202
of Homeland Security, shall establish rules and regulations 203
regarding the method of investigating, verifying immigration 204
status, and executing arrest warrants of aliens not lawfully 205
present in the United States to ensure a safe and legal 206
process, which shall include: 207
(a) Only peace officers may inquire and investigate 208
into the status of an alien with permission from the 209
department in cooperation with the Department of Homeland 210
Security; 211
(b) Once the status of an alien is confirmed as being 212
unlawfully present in the United States, only the 213
department, or a peace officer at the direction of the 214
department, may seek a warrant; 215
(c) When a warrant is issued, the department shall 216
dispatch only licensed peace officers or certified bounty 217
hunters to effect the arrest. Certified bounty hunters 218
shall only be permitted to view the warrant, or any other 219
information deemed necessary by the department, and shall 220
not be permitted to view any other record that is permitted 221
by state law to be viewed only by a law enforcement agency 222
officer or employee of a state agency; 223
(d) Any local law enforcement officer who detains an 224
alien for the commission of any other criminal laws of this 225
state may execute an arrest warrant; and 226
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(e) No peace officer of this state shall arrest an 227
alien for being unlawfully present in the United States 228
without a warrant, unless such peace officer witnesses the 229
alien in the commission of any other criminal laws of this 230
state. No peace officer of this state shall arrest an alien 231
for being unlawfully present in the United States without a 232
warrant based solely on a reasonable suspicion that the 233
alien is unlawfully present in the United States. The 234
department shall annually contact each law enforcement 235
agency in this state, in writing, to advise each agency that 236
it is prohibited to arrest an alien for being unlawfully 237
present in the United States without a warrant based solely 238
on a reasonable suspicion that the alien is unlawfully 239
present in the United States; 240
(4) The department shall establish a training program 241
for certified bounty hunters in order to qualify the 242
certified bounty hunters to perform the functions of an 243
immigration officer which shall include knowledge of, and 244
adherence to, federal law relating to federal immigration 245
laws pursuant to 8 U.S.C. Section 1357(g)(1) and (2). The 246
training program shall include a component that is at least 247
thirty days in length that encompasses and instructs bounty 248
hunters in aspects of the basic training of peace officers 249
that are necessary to carry out the duties of certified 250
bounty hunters in this section. 251
650.655. 1. The department shall be responsible for 1
coordinating all efforts among state departments, the 2
federal government, and all local governments to combat sex 3
and human trafficking. To the extent necessary, all state 4
departments shall cooperate with the department in any 5
requests for information or assistance. 6
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2. The department shall establish guidelines for a 7
training program on sex and human trafficking for entities 8
listed in subsection 3 of this section. The training shall 9
be focused solely on identifying a potential victim of sex 10
or human trafficking and reporting such trafficking to the 11
hotline established in section 577.678. 12
3. The following entities shall be offered the 13
training guidelines established by the department in 14
subsection 2 of this section: 15
(1) The offices of all prosecuting and circuit 16
attorneys; 17
(2) Any person trained and authorized by law or rule 18
to render emergency medical assistance or treatment. Such 19
persons may include, but shall not be limited to, emergency 20
first responders, telecommunicator first responders, police 21
officers, sheriffs, deputy sheriffs, firefighters, emergency 22
medical technicians, registered nurses, or physicians; 23
(3) Juvenile officers under chapter 211; 24
(4) Teachers in any public school, public charter 25
school, and any private school; and 26
(5) Social workers licensed under sections 337.600 to 27
337.649. 28
4. (1) There is hereby created in the state treasury 29
the "Anti-Human Trafficking Training Fund", which shall 30
consist of moneys appropriated by the general assembly. The 31
state treasurer shall be custodian of the fund. In 32
accordance with sections 30.170 and 30.180, the state 33
treasurer shall approve disbursements. The fund shall be a 34
dedicated fund and, upon appropriation, moneys in the fund 35
shall be used by the department solely to develop and 36
provide the training required by this section. 37
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(2) Notwithstanding the provisions of section 33.080 38
to the contrary, any moneys remaining in the fund at the end 39
of the biennium shall not revert to the credit of the 40
general revenue fund. 41
(3) The state treasurer shall invest moneys in the 42
fund in the same manner as other funds are invested. Any 43
interest and moneys earned on such investments shall be 44
credited to the fund. 45
5. Any entity that receives public funds shall report 46
any data in the entity's possession regarding reports of sex 47
and human trafficking to the department within thirty days 48
of receiving the report, provided that no personally 49
identifiable information shall be included in the report. 50
The department shall annually compile a report of the data 51
received by the department under this subsection. The 52
report shall not contain any personally identifiable 53
information, but the report shall contain aggregate data by 54
county of such information received by the department. The 55
annual report shall be available to the public on the 56
department's website and shall be submitted to the president 57
pro tempore of the senate and the speaker of the house of 58
representatives. 59
650.660. 1. (1) There is hereby created in the state 1
treasury the "Rapid Response for Victims of Sex and Human 2
Trafficking Fund", which shall consist of moneys 3
appropriated by the general assembly. The state treasurer 4
shall be custodian of the fund. In accordance with sections 5
30.170 and 30.180, the state treasurer shall approve 6
disbursements. The fund shall be a dedicated fund and, upon 7
appropriation, moneys in the fund shall be used by the 8
department solely to carry out the provisions of this 9
section. 10
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(2) Notwithstanding the provisions of section 33.080 11
to the contrary, any moneys remaining in the fund at the end 12
of the biennium shall not revert to the credit of the 13
general revenue fund. 14
(3) The state treasurer shall invest moneys in the 15
fund in the same manner as other funds are invested. Any 16
interest and moneys earned on such investments shall be 17
credited to the fund. 18
2. (1) Moneys in the fund shall be distributed by the 19
department to hospitals licensed under chapter 197 that 20
provide rapid response intake and intervention for victims 21
of sex and human trafficking. 22
(2) In order to qualify for a disbursement of moneys 23
from the fund, a licensed hospital shall meet the following 24
requirements: 25
(a) Dedicate a sufficient number of patient rooms for 26
victims of sex and human trafficking; 27
(b) Maintain staff that allow for the intake of 28
victims of sex and human trafficking to occur twenty-four 29
hours a day, seven days a week; 30
(c) Provide personnel to ensure that the area within 31
the hospital in which victims of sex and human trafficking 32
are located is secure from entry by non-hospital personnel; 33
(d) Provide specialized medical care to the victims of 34
sex and human trafficking, including, but not limited to, 35
mental health assessments, management of any drug or alcohol 36
withdrawal symptoms, treatment of any physical wounds, as 37
well as coordination with state and local agencies to ensure 38
that the victims of sex and human trafficking receive any 39
necessary resources for their long-term placement into safe 40
housing; and 41
SB 1070 59
(e) Appropriate staff of the hospital providing 42
services to victims of sex and human trafficking shall have 43
received training on recognizing the signs of sex and human 44
trafficking as well as training on the methods of conducting 45
trauma-informed investigations of alleged sex and human 46
trafficking. 47
3. The department may promulgate rules to carry out 48
the provisions of this section. Any rule or portion of a 49
rule, as that term is defined in section 536.010, that is 50
created under the authority delegated in this section shall 51
become effective only if it complies with and is subject to 52
all of the provisions of chapter 536 and, if applicable, 53
section 536.028. This section and chapter 536 are 54
nonseverable and if any of the powers vested with the 55
general assembly pursuant to chapter 536 to review, to delay 56
the effective date, or to disapprove and annul a rule are 57
subsequently held unconstitutional, then the grant of 58
rulemaking authority and any rule proposed or adopted after 59
August 28, 2026, shall be invalid and void. 60
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