EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 528
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BECK.
1831S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 285.530, RSMo, and to enact in lieu thereof one new section relating to federal
work authorization programs, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 285.530, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 285.530, 2
to read as follows:3
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 sha ll 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 SB 528 2
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 busi ness 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, t ornadoes, 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
Failure of any employer to enroll and actively participate 33
in a federal work authorization program shall result in the 34
following penalties: 35
(1) For a first offense, the attorney general shall 36
direct the applicable municipal or county governing body to 37
suspend any applicable license, permit, or exemptions of any 38
such employer for thirty days and the employer shall be 39
fined two thousand dollars for each unauthorized alien 40
performing work for the em ployer; 41
(2) For a second offense, the attorney general shall 42
direct the applicable municipal or county governing body to 43
suspend any applicable license, permit, or exemptions of any 44
such employer for ninety days and the employer shall be 45
fined two thousand dollars for each unauthorized alien 46
performing work for the employer; 47
(3) For a third offense, the attorney general shall 48
direct the applicable municipal or county governing body to 49 SB 528 3
suspend any applicable license, permit, or exemptions of any 50
such employer for one year. 51
4. An employer [may enroll and participate in a 52
federal work authorization program and ] shall verify the 53
employment eligibility of every employee in the employer's 54
hire whose employment commences after the emplo yer enrolls 55
in a federal work authorization program. The employer shall 56
retain a copy of the dated verification report received from 57
the federal government. Any business entity that 58
participates in such program shall have an affirmative 59
defense that such business entity has not violated 60
subsection 1 of this section. 61
5. A general contractor or subcontractor of any tier 62
shall not be liable under sections 285.525 to 285.550 when 63
such general contractor or subcontractor contracts with its 64
direct subcontractor who violates subsection 1 of this 65
section, if the contract binding the contractor and 66
subcontractor affirmatively states that the direct 67
subcontractor is not knowingly in violation of subsection 1 68
of this section and shall not hencefort h be in such 69
violation and the contractor or subcontractor receives a 70
sworn affidavit under the penalty of perjury attesting to 71
the fact that the direct subcontractor's employees are 72
lawfully present in the United States. 73