Missouri 2025 Regular Session

Missouri Senate Bill SB528 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. 528
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BECK.
8	8	1831S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 285.530, RSMo, and to enact in lieu thereof one new section relating to federal
11	11	work authorization programs, 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14	14	Section A. Section 285.530, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 285.530, 2
16	16	to read as follows:3
17	17	285.530. 1. No business entity or employer shall 1
18	18	knowingly employ, hire for employment, or continue to employ 2
19	19	an unauthorized alien to perform work within the state of 3
20	20	Missouri. 4
21	21	2. As a condition for the award of any contract or 5
22	22	grant in excess of five thousand dollars by the state or by 6
23	23	any political subdivision of the state to a business entity, 7
24	24	or for any business entity receiving a state -administered or 8
25	25	subsidized tax credit, tax abatement, or loan from the 9
26	26	state, the business entity shall, by sworn affidavit and 10
27	27	provision of documentation, affirm its enrollment and 11
28	28	participation in a federal work authorization program with 12
29	29	respect to the employees working in connection with the 13
30	30	contracted services. Every such business entity sha ll also 14
31	31	sign an affidavit affirming that it does not knowingly 15
32	32	employ any person who is an unauthorized alien in connection 16
33	33	with the contracted services. Any entity contracting with 17
34	34	the state or any political subdivision of the state shall 18 SB 528 2
35	35	only be required to provide the affidavits required in this 19
36	36	subsection to the state and any political subdivision of the 20
37	37	state with which it contracts, on an annual basis. During 21
38	38	or immediately after an emergency, the requirements of this 22
39	39	subsection that a busi ness entity enroll and participate in 23
40	40	a federal work authorization program shall be suspended for 24
41	41	fifteen working days. As used in this subsection, 25
42	42	"emergency" includes the following natural and manmade 26
43	43	disasters: major snow and ice storms, floods, t ornadoes, 27
44	44	severe weather, earthquakes, hazardous material incidents, 28
45	45	nuclear power plant accidents, other radiological hazards, 29
46	46	and major mechanical failures of a public utility facility. 30
47	47	3. All [public] employers shall enroll and actively 31
48	48	participate in a federal work authorization program. 32
49	49	Failure of any employer to enroll and actively participate 33
50	50	in a federal work authorization program shall result in the 34
51	51	following penalties: 35
52	52	(1) For a first offense, the attorney general shall 36
53	53	direct the applicable municipal or county governing body to 37
54	54	suspend any applicable license, permit, or exemptions of any 38
55	55	such employer for thirty days and the employer shall be 39
56	56	fined two thousand dollars for each unauthorized alien 40
57	57	performing work for the em ployer; 41
58	58	(2) For a second offense, the attorney general shall 42
59	59	direct the applicable municipal or county governing body to 43
60	60	suspend any applicable license, permit, or exemptions of any 44
61	61	such employer for ninety days and the employer shall be 45
62	62	fined two thousand dollars for each unauthorized alien 46
63	63	performing work for the employer; 47
64	64	(3) For a third offense, the attorney general shall 48
65	65	direct the applicable municipal or county governing body to 49 SB 528 3
66	66	suspend any applicable license, permit, or exemptions of any 50
67	67	such employer for one year. 51
68	68	4. An employer [may enroll and participate in a 52
69	69	federal work authorization program and ] shall verify the 53
70	70	employment eligibility of every employee in the employer's 54
71	71	hire whose employment commences after the emplo yer enrolls 55
72	72	in a federal work authorization program. The employer shall 56
73	73	retain a copy of the dated verification report received from 57
74	74	the federal government. Any business entity that 58
75	75	participates in such program shall have an affirmative 59
76	76	defense that such business entity has not violated 60
77	77	subsection 1 of this section. 61
78	78	5. A general contractor or subcontractor of any tier 62
79	79	shall not be liable under sections 285.525 to 285.550 when 63
80	80	such general contractor or subcontractor contracts with its 64
81	81	direct subcontractor who violates subsection 1 of this 65
82	82	section, if the contract binding the contractor and 66
83	83	subcontractor affirmatively states that the direct 67
84	84	subcontractor is not knowingly in violation of subsection 1 68
85	85	of this section and shall not hencefort h be in such 69
86	86	violation and the contractor or subcontractor receives a 70
87	87	sworn affidavit under the penalty of perjury attesting to 71
88	88	the fact that the direct subcontractor's employees are 72
89	89	lawfully present in the United States. 73
90	90	