Missouri, Govenor signs comprehensive immigration bill into law

STATE LAW (submitted to CCH Online Jul  9, 2008)

Finding a tough effort to enact immigration legislation in the state of Missouri, Governor Matt Blunt (R) signed the state’s comprehensive immigration reform bill (H.R. 1549) into law on July 7, 2008. In a press release issued by Blunt’s office, he characterized the bill’s provisions “as some of the strongest legislation in the country to fight illegal immigration.” The Missouri House and Senate gave final approval to the bill on May 16. While the measure overwhelmingly passed the House by a vote of 136-12 and the Senate by a vote of 27-7, those wide margins do not accurately represent the great difficulties the two chambers had in trying to pass the legislation. The Pew Hispanic Center estimates that 35,000 to 65,000 illegal immigrants live in Missouri

Provisions. The bill requires state agencies, local governments and businesses that contract with the state (in excess of $5,000) or that receive tax credits to participate in E-Verify. E-Verify is the voluntary web-based system operated by the Department of Homeland Security’s US Citizenship and Immigration Services bureau in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees. More information on E-Verify can be found at: http://www.dhs.gov/ximgtn/programs/gc_1185221678150.shtm. Participation in E-Verify will be an affirmative defense that the agency or contractor has not knowingly employed, recruited, hired for employment, or continued to employ an unauthorized alien to perform work within the state of Missouri. The provision also encourages private employers to use E-Verify as well by offering it as a defense if the employer is found to employ undocumented workers.

All employers who employ undocumented workers are subject to the suspension of their business permits and licenses or exemptions. If an employer is found to have knowingly hired an undocumented worker, its licenses can be suspended for 14 days. Permits, licenses and exemptions will be reinstated for entities who comply at the end of the fourteen day period by: (1) terminating the undocumented worker; or (2) requesting a second verification from the federal government, signing a sworn affidavit stating that the violation has ended and submitting documentation confirming the entity is enrolled in a federal work authorization program. A second violation results in the suspension of the employer’s business permits and licenses or exemptions for one year. Subsequent violations can result in permanent revocation of the employer’s applicable licenses. State contractors may have their contracts voided and will be barred from contracting with the state for three years. Subsequent violations would result in a void contract and a permanent bar from contracting with the state. The state may withhold up to 25 percent of the total amount due to the business entity upon termination of the contract.

In addition, failing to provide identity information on employees within 15 business days after receipt of the request by the attorney general will result in the suspension of a company’s applicable local licenses, permits, and exemptions until the information is supplied. 

The employment provisions take effect January 1, 2009. 

The bill also bars employers with five or more employees performing public works from knowingly misclassifying employees as independent contractors. The attorney general would have the power to investigate alleged misclassifications. Injunctions may be sought and employers would be charged $50 per day per misclassified worker up to a maximum of $50,000 for violations. When workers are contractors, employers do not have to pay withholding taxes or provide other benefits.

Other provisions include one in which the Department of Revenue will not issue any driver’s license to illegal aliens or to persons who cannot prove their lawful presence in the state. In addition, commercial driver’s license tests will be given in English without a translator. The legislation also prohibits the creation of sanctuary cities in the state, criminalizes the transportation of illegal immigrants for exploitive purposes and requires citizenship checks on every individual presented for incarceration.

The bill can be found at: http://www.house.mo.gov/billtracking/bills081/bills/hb1549.htm.

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Reprinted with permission. © CCH