Missouri 2025 Regular Session

Missouri Senate Bill SB114 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 114
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BRATTIN.
8	8	0715S.02I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 67.307, 285.530, and 577.675, RSMo, and to enact in lieu thereof four new
11	11	sections relating to illegal aliens, with penalty provisions.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 67.307, 285.530, and 577.675, RSMo, 1
15	15	are repealed and four new sections enacted in lieu thereof, to 2
16	16	be known as sections 67.307, 285.530, 577.675, and 590.250, to 3
17	17	read as follows:4
18	18	67.307. 1. As used in this section, the following 1
19	19	terms mean: 2
20	20	(1) "Law enforcement officer", a sheriff or peace 3
21	21	officer of a municipality with the duty and power of arrest 4
22	22	for violation of the general criminal laws of the state or 5
23	23	for violation of ordinances of municipalities; 6
24	24	(2) "Municipality", any county, city, town, or village; 7
25	25	(3) "Municipality official", any elected or appointed 8
26	26	official or any law enforcement officer serving the 9
27	27	municipality; 10
28	28	(4) "Sanctuary policy", any municipality's order or 11
29	29	ordinance, enacted or followed that: 12
30	30	(a) Limits or prohibits any municipality official or 13
31	31	person employed by the municipality from communicating or 14
32	32	cooperating with federal agencies or officials to verify or 15
33	33	report the immigration status of any alien within such 16
34	34	municipality; or 17 SB 114 2
35	35	(b) Grants to illegal aliens the right to lawful 18
36	36	presence or status within the municipality in violation of 19
37	37	federal law. 20
38	38	2. (1) No municipality shall enact or adopt any 21
39	39	sanctuary policy. Any municipality that enacts or adopts a 22
40	40	sanctuary policy: 23
41	41	(a) Shall be ineligible for any moneys provided 24
42	42	through grants administered by any state agency or 25
43	43	department until the sanctuary policy is repealed or is no 26
44	44	longer in effect; and 27
45	45	(b) Shall be subject to a fine of twenty -five thousand 28
46	46	five hundred dollars for each day on which the municipality 29
47	47	has such sanctuary policy in effect . 30
48	48	(2) Upon the complaint of any state resident regarding 31
49	49	a specific government entity, agency, or political 32
50	50	subdivision of this state or prior to the provision of funds 33
51	51	or awarding of any grants to a government entity, agency, or 34
52	52	political subdivision of this state, any memb er of the 35
53	53	general assembly may request that the attorney general of 36
54	54	the state of Missouri issue an opinion stating whether the 37
55	55	government entity, agency, or political subdivision has 38
56	56	current policies in contravention of this section. 39
57	57	3. The governing body, sheriff, or chief of police of 40
58	58	each municipality shall provide each law enforcement officer 41
59	59	with written notice of their duty to cooperate with state 42
60	60	and federal agencies and officials on matters pertaining to 43
61	61	enforcement of state and federa l laws governing immigration. 44
62	62	4. This section shall become effective on January 1, 45
63	63	2009. 46
64	64	285.530. 1. No business entity or employer shall 1
65	65	knowingly employ, hire for employment, or continue to employ 2 SB 114 3
66	66	an unauthorized alien to pe rform work within the state of 3
67	67	Missouri. 4
68	68	2. As a condition for the award of any contract or 5
69	69	grant in excess of five thousand dollars by the state or by 6
70	70	any political subdivision of the state to a business entity, 7
71	71	or for any business entity receiv ing a state-administered or 8
72	72	subsidized tax credit, tax abatement, or loan from the 9
73	73	state, the business entity shall, by sworn affidavit and 10
74	74	provision of documentation, affirm its enrollment and 11
75	75	participation in a federal work authorization program with 12
76	76	respect to the employees working in connection with the 13
77	77	contracted services. Every such business entity shall also 14
78	78	sign an affidavit affirming that it does not knowingly 15
79	79	employ any person who is an unauthorized alien in connection 16
80	80	with the contracted services. Any entity contracting with 17
81	81	the state or any political subdivision of the state shall 18
82	82	only be required to provide the affidavits required in this 19
83	83	subsection to the state and any political subdivision of the 20
84	84	state with which it contracts, o n an annual basis. During 21
85	85	or immediately after an emergency, the requirements of this 22
86	86	subsection that a business entity enroll and participate in 23
87	87	a federal work authorization program shall be suspended for 24
88	88	fifteen working days. As used in this subsec tion, 25
89	89	"emergency" includes the following natural and manmade 26
90	90	disasters: major snow and ice storms, floods, tornadoes, 27
91	91	severe weather, earthquakes, hazardous material incidents, 28
92	92	nuclear power plant accidents, other radiological hazards, 29
93	93	and major mechanical failures of a public utility facility. 30
94	94	3. All [public] employers shall enroll and actively 31
95	95	participate in a federal work authorization program. 32
96	96	4. An employer [may enroll and participate in a 33
97	97	federal work authorization program and ] shall verify the 34 SB 114 4
98	98	employment eligibility of every employee in the employer's 35
99	99	hire whose employment commences after the employer enrolls 36
100	100	in a federal work authorization program. The employer shall 37
101	101	retain a copy of the dated verification report received fro m 38
102	102	the federal government. Any business entity that 39
103	103	participates in such program shall have an affirmative 40
104	104	defense that such business entity has not violated 41
105	105	subsection 1 of this section. 42
106	106	5. A general contractor or subcontractor of any tier 43
107	107	shall not be liable under sections 285.525 to 285.550 when 44
108	108	such general contractor or subcontractor contracts with its 45
109	109	direct subcontractor who violates subsection 1 of this 46
110	110	section, if the contract binding the contractor and 47
111	111	subcontractor affirmatively st ates that the direct 48
112	112	subcontractor is not knowingly in violation of subsection 1 49
113	113	of this section and shall not henceforth be in such 50
114	114	violation and the contractor or subcontractor receives a 51
115	115	sworn affidavit under the penalty of perjury attesting to 52
116	116	the fact that the direct subcontractor's employees are 53
117	117	lawfully present in the United States. 54
118	118	577.675. 1. A person commits the offense of 1
119	119	transportation, concealment, or inducement of an illegal 2
120	120	alien if he or she knowingly : 3
121	121	(1) Transports, moves, or attempts to transport or 4
122	122	move any illegal alien ; 5
123	123	(2) Conceals, harbors, or shields or attempts to 6
124	124	conceal, harbor, or shield an illegal alien from detection 7
125	125	in any place in this state, including any building or any 8
126	126	means of transportation, if the person knows or recklessly 9
127	127	disregards the fact that the alien has come to, has entered, 10
128	128	or remains in the United States in violation of law; or 11 SB 114 5
129	129	(3) Encourages or induces an illegal alien to come to 12
130	130	or reside in this state. 13
131	131	2. For purposes of this section, the term "illegal 14
132	132	alien" means any illegal alien who is not lawfully present 15
133	133	in the United States, according to the terms of 8 U.S.C. 16
134	134	Section 1101, et seq., for the purposes of trafficking in 17
135	135	violation of sections 566.200 to 566.215, drug trafficking 18
136	136	in violation of sections 579.065 and 579.068, prostitution 19
137	137	in violation of chapter 567, or employment. 20
138	138	[2.] 3. The offense of transportation , concealment, or 21
139	139	inducement of an illegal alien is a class D felony. 22
140	140	[3.] 4. Nothing in this section shall be construed to 23
141	141	deny any victim of an offense under sections 566.200 to 24
142	142	566.215 of rights afforded by the federal Trafficking 25
143	143	Victims Protection Act of 2000, Public Law 106 -386, as 26
144	144	amended. 27
145	145	590.250. Any law enforcement officer or agency may 1
146	146	enforce the provisions of immigration law found in Title 8 2
147	147	of the United States Code that establish criminal penalties. 3
148	148	