SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE RUPP.
Read 1st time March 2, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 115.427, 161.092, and 173.005, RSMo, and to enact in lieu thereof six new sections relating to illegal aliens.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 115.427, 161.092, and 173.005, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections 43.032, 115.427, 161.092, 173.005, 208.009, and 590.700, to read as follows:
43.032. Subject to appropriation, the superintendent of the Missouri state highway patrol may designate that some or all employees of the highway patrol be trained in accordance with a memorandum of understanding between the state of Missouri and the United States Department of Justice or the federal Department of Homeland Security concerning the enforcement of federal immigration laws on federal highways and interstates in the state of Missouri. The superintendent shall have the authority to negotiate the terms of such memorandum. The memorandum shall be signed by the superintendent of the highway patrol, the governor, and the director of the department of public safety.
115.427. 1. Before receiving a ballot, voters shall [identify themselves] establish their identity and eligibility to vote at the polling place by presenting a form of personal identification [from the following list:
(1) Identification issued by the state of Missouri, an agency of the state, or a local election authority of the state;
(2) Identification issued by the United States government or agency thereof;
(3) Identification issued by an institution of higher education, including a university, college, vocational and technical school, located within the state of Missouri;
(4) A copy of a current utility bill, bank statement, government check, paycheck or other government document that contains the name and address of the voter;
(5) Driver's license or state identification card issued by another state; or
(6) Other identification approved by the secretary of state under rules promulgated pursuant to subsection 3 of this section other identification approved by federal law.
Personal knowledge of the voter by two supervising election judges, one from each major political party, shall be acceptable voter identification upon the completion of a secretary of state-approved affidavit that is signed by both supervisory election judges and the voter that attests to the personal knowledge of the voter by the two supervisory election judges. The secretary of state may provide by rule for a sample affidavit to be used for such purpose]. "Personal identification" shall only mean one of the following:
(1) Non-expired Missouri driver's license showing the name and a photograph or digital image of the individual; or
(2) Non-expired or non-expiring Missouri nondriver's license showing the name and a photographic or digital image of the individual; or
(3) A document that satisfies all of the following requirements:
(a) The document contains the name of the individual to whom the document was issued, and the name conforms to the name in the individual's voter registration record;
(b) The document shows a photographic or digital image of the individual;
(c) The document includes an expiration date, and the document is not expired, or if expired, expired not before the date of the most recent general election; and
(d) The document was issued by the United States or the state of Missouri.
2. The election judges shall notify a voter who presents at the polling place without a form of personal identification that satisfies the requirements of subsection 1 of this section that the voter may return to the polling place with a proper form of personal identification and vote a regular ballot after election judges have verified the voter's identity and eligibility under subsection 1 of this section. Voters who return to the polling place during the uniform polling hours established by section 115.407 with a current and valid form of personal identification shall be given priority in any voting lines.
2. The precinct register shall serve as the voter identification certificate. The following form shall be printed at the top of each page of the precinct register: VOTER'S IDENTIFICATION CERTIFICATE
Warning: It is against the law for anyone to vote, or attempt to vote, without having a lawful right to vote.
PRECINCT
WARD OR TOWNSHIP ............................................................................ GENERAL (SPECIAL, PRIMARY) ELECTION
Held ............................................., 20........
Date
I hereby certify that I am qualified to vote at this election by signing my name and verifying my address by signing my initials next to my address.
3. The secretary of state shall promulgate rules to effectuate the provisions of this section.
4. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.
5. If any voter is unable to sign his name at the appropriate place on the certificate or computer printout, an election judge shall print the name and address of the voter in the appropriate place on the precinct register, the voter shall make his mark in lieu of signature, and the voter's mark shall be witnessed by the signature of an election judge.
161.092. The state board of education shall:
(1) Adopt rules governing its own proceedings and formulate policies for the guidance of the commissioner of education and the department of elementary and secondary education;
(2) Carry out the educational policies of the state relating to public schools that are provided by law and supervise instruction in the public schools;
(3) Direct the investment of all moneys received by the state to be applied to the capital of any permanent fund established for the support of public education within the jurisdiction of the department of elementary and secondary education and see that the funds are applied to the branches of educational interest of the state that by grant, gift, devise or law they were originally intended, and if necessary institute suit for and collect the funds and return them to their legitimate channels;
(4) Cause to be assembled information which will reflect continuously the condition and management of the public schools of the state;
(5) Require of county clerks or treasurers, boards of education or other school officers, recorders and treasurers of cities, towns and villages, copies of all records required to be made by them and all other information in relation to the funds and condition of schools and the management thereof that is deemed necessary;
(6) Provide blanks suitable for use by officials in reporting the information required by the board;
(7) When conditions demand, cause the laws relating to schools to be published in a separate volume, with pertinent notes and comments, for the guidance of those charged with the execution of the laws;
(8) Grant, without fee except as provided in section 168.021, RSMo, certificates of qualification and licenses to teach in any of the public schools of the state, establish requirements therefor, formulate regulations governing the issuance thereof, and cause the certificates to be revoked for the reasons and in the manner provided in section 168.071, RSMo;
(9) Classify the public schools of the state, subject to limitations provided by law, establish requirements for the schools of each class, and formulate rules governing the inspection and accreditation of schools preparatory to classification, with such requirements taking effect not less than two years from the date of adoption of the proposed rule by the state board of education, provided that this condition shall not apply to any requirement for which a time line for adoption is mandated in either federal or state law;
(10) Make an annual report on or before the first Wednesday after the first day of January to the general assembly or, when it is not in session, to the governor for publication and transmission to the general assembly. The report shall be for the last preceding school year, and shall include:
(a) A statement of the number of public schools in the state, the number of pupils attending the schools, their sex, and the branches taught;
(b) A statement of the number of teachers employed, their sex, their professional training, and their average salary;
(c) A statement of the receipts and disbursements of public school funds of every description, their sources, and the purposes for which they were disbursed;
(d) Suggestions for the improvement of public schools; and
(e) Any other information relative to the educational interests of the state that the law requires or the board deems important;
(11) Make an annual report to the general assembly and the governor concerning coordination with other agencies and departments of government that support family literacy programs and other services which influence educational attainment of children of all ages;
(12) Require from the chief officer of each division of the department of elementary and secondary education, on or before the thirty-first day of August of each year, reports containing information the board deems important and desires for publication;
(13) Cause fifty copies of its annual report to be reserved for the use of each division of the state department of elementary and secondary education, and ten copies for preservation in the state library;
(14) Have other powers and duties prescribed by law; and
(15) Ensure that an adult individual who is not a citizen or a permanent resident of the United States or does not possess lawful immigration status is prohibited from participating in any family literacy program, parents-as-teachers program, vocational education program, vocational rehabilitation program, or after-school tutoring program in any manner whatsoever.
173.005. 1. There is hereby created a "Department of Higher Education", and the division of higher education of the department of education is abolished and all its powers, duties, functions, personnel and property are transferred as provided by the Reorganization Act of 1974, Appendix B, RSMo.
2. The commission on higher education is abolished and all its powers, duties, personnel and property are transferred by type I transfer to the "Coordinating Board for Higher Education", which is hereby created, and the coordinating board shall be the head of the department. The coordinating board shall consist of nine members appointed by the governor with the advice and consent of the senate, and not more than five of its members shall be of the same political party. None of the members shall be engaged professionally as an educator or educational administrator with a public or private institution of higher education at the time appointed or during his term. The other qualifications, terms and compensation of the coordinating board shall be the same as provided by law for the curators of the University of Missouri. The coordinating board may, in order to carry out the duties prescribed for it in subsections 1, 2, 3, 7, and 8 of this section, employ such professional, clerical and research personnel as may be necessary to assist it in performing those duties, but this staff shall not, in any fiscal year, exceed twenty-five full-time equivalent employees regardless of the source of funding. In addition to all other powers, duties and functions transferred to it, the coordinating board for higher education shall have the following duties and responsibilities:
(1) The coordinating board for higher education shall have approval of proposed new degree programs to be offered by the state institutions of higher education;
(2) The coordinating board for higher education may promote and encourage the development of cooperative agreements between Missouri public four-year institutions of higher education which do not offer graduate degrees and Missouri public four-year institutions of higher education which do offer graduate degrees for the purpose of offering graduate degree programs on campuses of those public four-year institutions of higher education which do not otherwise offer graduate degrees. Such agreements shall identify the obligations and duties of the parties, including assignment of administrative responsibility. Any diploma awarded for graduate degrees under such a cooperative agreement shall include the names of both institutions inscribed thereon. Any cooperative agreement in place as of August 28, 2003, shall require no further approval from the coordinating board for higher education. Any costs incurred with respect to the administrative provisions of this subdivision may be paid from state funds allocated to the institution assigned the administrative authority for the program. The provisions of this subdivision shall not be construed to invalidate the provisions of subdivision (1) of this subsection;
(3) In consultation with the heads of the institutions of higher education affected and against a background of carefully collected data on enrollment, physical facilities, manpower needs, institutional missions, the coordinating board for higher education shall establish guidelines for appropriation requests by those institutions of higher education; however, other provisions of the Reorganization Act of 1974 notwithstanding, all funds shall be appropriated by the general assembly to the governing board of each public four-year institution of higher education which shall prepare expenditure budgets for the institution;
(4) No new state-supported senior colleges or residence centers shall be established except as provided by law and with approval of the coordinating board for higher education;
(5) The coordinating board for higher education shall establish admission guidelines consistent with institutional missions;
(6) The coordinating board shall establish policies and procedures for institutional decisions relating to the residence status of students;
(7) The coordinating board shall establish guidelines to promote and facilitate the transfer of students between institutions of higher education within the state;
(8) The coordinating board shall collect the necessary information and develop comparable data for all institutions of higher education in the state. The coordinating board shall use this information to delineate the areas of competence of each of these institutions and for any other purposes deemed appropriate by the coordinating board;
(9) Compliance with requests from the coordinating board for institutional information and the other powers, duties and responsibilities, herein assigned to the coordinating board, shall be a prerequisite to the receipt of any funds for which the coordinating board is responsible for administering; and
(10) If any institution of higher education in this state, public or private, willfully fails or refuses to follow any lawful guideline, policy or procedure established or prescribed by the coordinating board, or knowingly deviates from any such guideline, or knowingly acts without coordinating board approval where such approval is required, or willfully fails to comply with any other lawful order of the coordinating board, the coordinating board may, after a public hearing, withhold or direct to be withheld from that institution any funds the disbursement of which is subject to the control of the coordinating board, or may remove the approval of the institution as an "approved institution" within the meaning of section 173.205, but nothing in this section shall prevent any institution of higher education in this state from presenting additional budget requests or from explaining or further clarifying its budget requests to the governor or the general assembly; and
(11) The coordinating board shall ensure that an individual who is not a citizen or a permanent resident of the United States or does not possess lawful immigration status shall not receive in-state tuition status, tuition waivers, fee waivers, grants, scholarship assistance, financial aid, tuition assistance, or any other type of financial assistance at any public higher education institution.
3. The coordinating board shall meet at least four times annually with an advisory committee who shall be notified in advance of such meetings. The coordinating board shall have exclusive voting privileges. The advisory committee shall consist of thirty-two members, who shall be the president or other chief administrative officer of the University of Missouri; the chancellor of each campus of the University of Missouri; the president of each state-supported four-year college or university, including Harris-Stowe State University, Missouri Southern State University, Missouri Western State University, and Lincoln University; the president of Linn State Technical College; the president or chancellor of each public community college district; and representatives of each of five accredited private institutions selected biennially, under the supervision of the coordinating board, by the presidents of all of the state's privately supported institutions; but always to include at least one representative from one privately supported junior college, one privately supported four-year college, and one privately supported university. The conferences shall enable the committee to advise the coordinating board of the views of the institutions on matters within the purview of the coordinating board.
4. The University of Missouri, Lincoln University, and all other state-governed colleges and universities, chapters 172, 174 and 175, RSMo, and others, are transferred by type III transfers to the department of higher education subject to the provisions of subsection 2 of this section.
5. The state historical society, chapter 183, RSMo, is transferred by type III transfer to the University of Missouri.
6. The state anatomical board, chapter 194, RSMo, is transferred by type II transfer to the department of higher education.
7. All the powers, duties and functions vested in the division of public schools and state board of education relating to community college state aid and the supervision, formation of districts and all matters otherwise related to the state's relations with community college districts and matters pertaining to community colleges in public school districts, chapters 163 and 178, RSMo, and others, are transferred to the coordinating board for higher education by type I transfer. Provided, however, that all responsibility for administering the federal-state programs of vocational-technical education, except for the 1202a post-secondary educational amendments of 1972 program, shall remain with the department of elementary and secondary education. The department of elementary and secondary education and the coordinating board for higher education shall cooperate in developing the various plans for vocational-technical education; however, the ultimate responsibility will remain with the state board of education.
8. The administration of sections 163.171 and 163.181, RSMo, relating to teacher-training schools in cities, is transferred by type I transfer to the coordinating board for higher education.
9. All the powers, duties, functions, personnel and property of the state library and state library commission, chapter 181, RSMo, and others, are transferred by type I transfer to the coordinating board for higher education, and the state library commission is abolished. The coordinating board shall appoint a state librarian who shall administer the affairs of the state library under the supervision of the board.
10. All the powers, duties, functions, and properties of the state poultry experiment station, chapter 262, RSMo, are transferred by type I transfer to the University of Missouri, and the state poultry association and state poultry board are abolished. In the event the University of Missouri shall cease to use the real estate of the poultry experiment station for the purposes of research or shall declare the same surplus, all real estate shall revert to the governor of the state of Missouri and shall not be disposed of without legislative approval.
208.009. 1. No person who is not a citizen or a permanent resident of the United States or who does not possess lawful immigration status shall receive state or local public assistance under this chapter, except for state or local public assistance that is mandated by federal law under 8 U.S.C. Section 1621.
2. In addition to providing proof of other eligibility requirements, at the time of application for any state or local public benefit, an applicant who is nineteen years of age or older shall provide affirmative proof that the applicant is a citizen or a permanent resident of the United States or possesses lawful immigration status. Such affirmative proof shall consist of documentary evidence recognized by the department of revenue when processing an application for a driver's license. A state or local government agency administering public assistance benefits shall not accept an identification card issued by a state or local government agency, including a driver's license, to establish identity or determine eligibility for public assistance benefits unless the state or local government agency that issued the card has verified the immigration status of the applicant.
3. An applicant who is under the age of nineteen years shall not be required to provide such affirmative proof. However, such person upon reaching the age of nineteen years shall comply with the provisions of this section.
4. An applicant who cannot provide the proof required under this section at the time of application may alternatively sign an affidavit under oath, attesting to either United States citizenship or to classification by the United States as an alien lawfully admitted for permanent residence, in order to receive temporary benefits or a temporary identification document as provided in this section. The affidavit shall be on or consistent with forms prepared by the state or local government agency administering the public assistance benefits program, and shall include the applicant's Social Security number and an explanation of the penalties under state law for fraudulently obtaining public assistance benefits.
5. An applicant who has provided the sworn affidavit required under subsection 4 of this section is eligible to receive temporary public assistance program benefits as follows:
(1) For ninety days or until such time that it is determined that the applicant is not lawfully present in the United States, whichever is earlier; or
(2) Indefinitely if the applicant provides a copy of a completed application for a birth certificate that is pending in Missouri or some other state. An extension granted under this subsection shall terminate upon the applicant's receipt of a birth certificate or a determination that a birth certificate does not exist because the applicant is not a United States citizen.
6. All state agencies administering public assistance programs in this state shall cooperate with local governments and the United States Department of Homeland Security to develop a system to facilitate verification of an individual's lawful presence in the United States in furtherance of this section. The system developed may include all or part of the Systematic Alien Verification Entitlements Program operated by the United States Department of Homeland Security.
590.700. Notwithstanding any other provision of law to the contrary and to the extent permitted by federal law, peace officers are authorized to investigate, apprehend, detain, or remove any individual who is not a citizen or permanent resident of the United States or does not possess lawful immigration status and who is located in this state. Peace officers are authorized to transport such individuals across state lines to a detention center.
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