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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. 1265
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
5307S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 67.307, 285.530, and 577.675, RSMo, and to enact in lieu thereof four 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 67.307, 285.530, and 577.675, RSMo, 1
are repealed and four new sections enacted in lieu thereof, to 2
be known as sections 67.307, 285.530, 577.675, and 590.250, to 3
read as follows:4
67.307. 1. As used in this section, the following 1
terms mean: 2
(1) "Law enforcement officer", a sheriff or peace 3
officer of a municipality with the duty and power of arrest 4
for violation of the general criminal laws of the state or 5
for violation of ordinances of municipalities; 6
(2) "Municipality", any county, city, town, or village; 7
(3) "Municipality official", any elected or appointed 8
official or any law enforcement officer serving the 9
municipality; 10
(4) "Sanctuary policy", any municipality's order or 11
ordinance, enacted or followed that: 12
(a) Limits or prohibits any municipality official or 13
person employed by the municipality from communicating or 14
cooperating with federal agencies or officials to verify or 15
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report the immigration status of any alien within such 16
municipality; or 17
(b) Grants to illegal aliens the right to lawful 18
presence or status within the municipality in violation of 19
federal law. 20
2. (1) No municipality shall enact or adopt any 21
sanctuary policy. Any municipality that enacts or adopts a 22
sanctuary policy: 23
(a) Shall be ineligible for any moneys provided 24
through grants administered by any state agency or 25
department until the sanctuary policy is repealed or is no 26
longer in effect; and 27
(b) Shall be subject to a fine of twenty-five thousand 28
five hundred dollars for each day on which the municipality 29
has such sanctuary policy in effect. 30
(2) Upon the complaint of any state resident regarding 31
a specific government entity, agency, or political 32
subdivision of this state or prior to the provision of funds 33
or awarding of any grants to a government entity, agency, or 34
political subdivision of this state, any member of the 35
general assembly may request that the attorney general of 36
the state of Missouri issue an opinion stating whether the 37
government entity, agency, or political subdivision has 38
current policies in contravention of this section. 39
3. The governing body, sheriff, or chief of police of 40
each municipality shall provide each law enforcement officer 41
with written notice of their duty to cooperate with state 42
and federal agencies and officials on matters pertaining to 43
enforcement of state and federal laws governing immigration. 44
4. This section shall become effective on January 1, 45
2009. 46
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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
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 shall enroll and actively 31
participate in a federal work authorization program. 32
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4. An employer [may enroll and participate in a 33
federal work authorization program and] shall verify the 34
employment eligibility of every employee in the employer's 35
hire whose employment commences after the employer enrolls 36
in a federal work authorization program. The employer shall 37
retain a copy of the dated verification report received from 38
the federal government. Any business entity that 39
participates in such program shall have an affirmative 40
defense that such business entity has not violated 41
subsection 1 of this section. 42
5. A general contractor or subcontractor of any tier 43
shall not be liable under sections 285.525 to 285.550 when 44
such general contractor or subcontractor contracts with its 45
direct subcontractor who violates subsection 1 of this 46
section, if the contract binding the contractor and 47
subcontractor affirmatively states that the direct 48
subcontractor is not knowingly in violation of subsection 1 49
of this section and shall not henceforth be in such 50
violation and the contractor or subcontractor receives a 51
sworn affidavit under the penalty of perjury attesting to 52
the fact that the direct subcontractor's employees are 53
lawfully present in the United States. 54
577.675. 1. A person commits the offense of 1
transportation, concealment, or inducement of an illegal 2
alien if he or she knowingly: 3
(1) Transports, moves, or attempts to transport or 4
move any illegal alien; 5
(2) Conceals, harbors, or shields or attempts to 6
conceal, harbor, or shield an illegal alien from detection 7
in any place in this state, including any building or any 8
means of transportation, if the person knows or recklessly 9
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disregards the fact that the alien has come to, has entered, 10
or remains in the United States in violation of law; or 11
(3) Encourages or induces an illegal alien to come to 12
or reside in this state. 13
2. For purposes of this section, the term "illegal 14
alien" means any illegal alien who is not lawfully present 15
in the United States, according to the terms of 8 U.S.C. 16
Section 1101, et seq., for the purposes of trafficking in 17
violation of sections 566.200 to 566.215, drug trafficking 18
in violation of sections 579.065 and 579.068, prostitution 19
in violation of chapter 567, or employment. 20
[2.] 3. The offense of transportation, concealment, or 21
inducement of an illegal alien is a class D felony. 22
[3.] 4. Nothing in this section shall be construed to 23
deny any victim of an offense under sections 566.200 to 24
566.215 of rights afforded by the federal Trafficking 25
Victims Protection Act of 2000, Public Law 106-386, as 26
amended. 27
590.250. Any law enforcement officer or agency may 1
enforce the provisions of immigration law found in Title 8 2
of the United States Code that establish criminal penalties. 3
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