HCS#2 HB 85 -- EMPLOYMENT OF UNAUTHORIZED ALIENS

SPONSOR:  Nolte (Kraus)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Immigration by a vote of 6 to 2.

This substitute prohibits business entities from employing,
recruiting, or hiring unauthorized aliens to perform work in
Missouri.  Participation in the federal Basic Pilot Program which
enables employers to electronically verify employment eligibility
is required for all state employers and any business entity
receiving a state contract or grant or using state resources.  If
a business entity participates in the federal program and is
found to have hired unauthorized aliens, there is a rebuttable
presumption that the business entity did not knowingly hire them.

Employing an unauthorized alien more than once, failing to
provide identity information on employees when requested to do
so, or failing to correct violations within 10 business days will
result in the suspension of a company's state and local business
license and registration.  Only the federal government can
determine whether a worker is an unauthorized alien.

The substitute becomes effective January 1, 2008.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of $144,010
in FY 2008, $118,029 in FY 2009, and $121,571 in FY 2010.  No
impact on Other State Funds in FY 2008, FY 2009, and FY 2010.

PROPONENTS:  Supporters say that the main incentive for illegal
aliens coming to this country is for a job, so we should penalize
the employers who hire them.

Testifying for the bill was Representative Kraus.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say that the intent of the
bill is excellent, but it is really important that a state act
carefully in this area.  The bill should be amended to remove any
criminal or monetary penalties; the only penalty should be the
business license revocation; and the terminology should be
amended to "unauthorized alien" to prevent a lawsuit.

Testifying on the bill was Kris Kobach.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:17 am