SPONSOR: Murphy
This bill modifies provisions relating to employment and creates new requirements relating to the verification of the immigration status of certain persons.
The provisions relating to municipal sanctuary policies under Section 67.307, RSMo do not apply to qualified immigrant workers registered in the Missouri Department of Labor and Industrial Relations (DOLIR) database established by this bill (Section 67.307).
Currently, public employers, must enroll and actively participate in a Federal work authorization program, this bill adds private employers and business entities. Beginning January 1, 2026, an employer or business entity is required to verify the employment eligibility of every employee who is hired after the employer or business entity enrolls in the program. If the private employer or business entity fails to comply, it must provide an affidavit as specified in the bill. If a general contractor or subcontractor of any tier knows its direct subcontractor has knowingly employed an unauthorized alien, the contractor or subcontractor must report to DOLIR. If the contractor or subcontractor fails to report to DOLIR, it will be subject to the same penalty for the violation as the direct subcontractor (Section 285.530).
Currently, upon a court's finding that a business entity has knowingly violated Subsection 1 of Section 285.530, the court must direct the applicable county or municipal governing body to suspend the entity's business license and other applicable licenses and exemptions for 14 days. The bill raises the length of the suspension to 120 days. A second or subsequent violation is a class D felony, as is a second or subsequent violation by a business entity awarded a State contract or receiving a State- administered tax credit, tax abatement, or loan from the State. (Section 285.535)
Effective January 1, 2026, this bill establishes the "Immigrant Employment Registration and Taxation Protection Act". The bill defines, among other terms, "alien" and "unauthorized alien", and specifies that a "qualified immigrant worker" is a person who:
(1) Is an alien, but not an unauthorized alien, legally authorized under Federal law to accept employment;
(2) Has obtained a valid work permit; and (3) Is a new hire or employed in the state of Missouri.
A database or registry of qualified immigrant workers is to be maintained by DOLIR and the Department must provide employers with a mechanism to verify registration of any qualified immigrant worker. A qualified immigrant worker is required to sign an affidavit of understanding detailing the conditions under which the worker may be employed. Further, upon receiving documentation from a qualified immigrant worker, the employer is required to provide the documentation to DOLIR as specified in the bill, and the Department must provide written confirmation of the worker's registration. The Attorney General (AG) must enforce the Act. An enforcement action is initiated through a signed, written complaint to the AG by any State official, business entity, or State resident. The bill details the course of action taken by the AG upon receipt of a valid complaint. The bill authorizes the AG to inform and cooperate with the Department of Revenue for investigation and enforcement of any additional criminal liabilities under Chapter 143. A qualified immigrant worker who fails to provide the employer-requested documentation required to verify work authorization status is guilty of a class D felony.
Nothing in the section will be construed to imply the state of Missouri is an advocate for a legal immigration status relating to a qualified immigrant worker or worker (Section 285.545).
This bill requires that a person who is 16 years of age or older but under 18 years of age, enrolled in a secondary school as a full-time student, and employed for wages not be permitted or forced to work beyond 10:00 p.m. on an evening before a school day when the school is in session. A person employed by or working under the direct control of the person's parent or legal guardian, a student who attends home school, and a full-time student who is eligible to receive credit for work performed during the school year are exempt from this requirement (Section 290.045).
Currently, any state or local agency administering one or more Federal public benefit programs is exempt from the requirements of subsections 1 and 3 of Section 650.475, which do not prohibit a public employee, government entity, or official from communicating or providing information with respect to the immigration status, lawful or unlawful, of any individual. A qualified immigrant worker registered in the DOLIR database is added to the exemption (Section 650.475).
This bill is the same as HB 1515 (2024) and similar to HCS HB 188 (2023).
Statutes affected: