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SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NOS. 2366 & 2511
103RD GENERAL ASSEMBLY
5876H.02T 2026
AN ACT
To repeal sections 285.530, 285.535, 285.543, and 285.550, RSMo, and to enact in lieu
thereof two new sections relating to employment, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 285.530, 285.535, 285.543, and 285.550, RSMo, are repealed
2 and two new sections enacted in lieu thereof, to be known as sections 285.530 and 285.535, to
3 read as follows:
285.530. 1. No business entity or employer shall knowingly employ, hire for
2 employment, or continue to employ an unauthorized alien to perform work within the state of
3 Missouri.
4 2. As a condition for the award of any contract or grant in excess of five thousand
5 dollars by the state or by any political subdivision of the state to a business entity, or for any
6 business entity receiving a state-administered or subsidized tax credit, tax abatement, or loan
7 from the state, the business entity shall, by sworn affidavit and provision of documentation,
8 affirm its enrollment and participation in a federal work authorization program with respect to
9 the employees working in connection with the contracted services. Every such business
10 entity shall also sign an affidavit affirming that it does not knowingly employ any person who
11 is an unauthorized alien in connection with the contracted services. Any entity contracting
12 with the state or any political subdivision of the state shall only be required to provide the
13 affidavits required in this subsection to the state and any political subdivision of the state with
14 which it contracts, on an annual basis. During or immediately after an emergency, the
15 requirements of this subsection that a business entity enroll and participate in a federal work
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HCS HBs 2366 & 2511 2
16 authorization program shall be suspended for fifteen working days. As used in this
17 subsection, "emergency" includes the following natural and manmade disasters: major snow
18 and ice storms, floods, tornadoes, severe weather, earthquakes, hazardous material incidents,
19 nuclear power plant accidents, other radiological hazards, and major mechanical failures of a
20 public utility facility.
21 3. All public employers shall enroll and actively participate in a federal work
22 authorization program.
23 4. An employer may enroll and participate in a federal work authorization program
24 and shall verify the employment eligibility of every employee in the employer's hire whose
25 employment commences after the employer enrolls in a federal work authorization program.
26 The employer shall retain a copy of the dated verification report received from the federal
27 government. Any business entity that participates in such program shall have an affirmative
28 defense that such business entity has not violated subsection 1 of this section.
29 5. A general contractor or subcontractor of any tier shall [not] be liable under sections
30 285.525 to [285.550] 285.555 when such general contractor or subcontractor contracts with
31 its direct subcontractor who violates subsection 1 of this section, if the [contract binding the
32 contractor and subcontractor affirmatively states that the direct subcontractor is not
33 knowingly in violation of subsection 1 of this section and shall not henceforth be in such
34 violation and the contractor or subcontractor receives a sworn affidavit under the penalty of
35 perjury attesting to the fact that the direct subcontractor's employees are lawfully present in
36 the United States] general contractor or subcontractor has knowledge, as defined under 8
37 CFR 274a.1, of such violation. Upon notification by the attorney general of the alleged
38 or suspected violation of sections 285.252 to 285.555, the general contractor or
39 subcontractor shall fully cooperate with any such investigation including, but not
40 limited to, providing timely access to work sites or properties, copies of employment files
41 and contracts, and any other contractor's records requested by the attorney general
42 related to the alleged violation.
285.535. 1. The attorney general shall enforce the requirements of sections 285.525
2 to [285.550] 285.555.
3 2. [An enforcement action shall be initiated by means of a written, signed complaint
4 under penalty of perjury as defined in section 575.040 to the attorney general submitted by
5 any state official, business entity, or state resident. A valid complaint shall include an
6 allegation which describes the alleged violator as well as the actions constituting the
7 violation, and the date and location where such actions occurred. A complaint which alleges
8 a violation solely or primarily on the basis of national origin, ethnicity, or race shall be
9 deemed invalid and shall not be enforced.
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10 3. Upon receipt of a valid complaint, the attorney general shall, within fifteen
11 business days, request identity information from the business entity regarding any persons
12 alleged to be unauthorized aliens. Such request shall be made by certified mail. The attorney
13 general shall direct the applicable municipal or county governing body to suspend any
14 applicable license, permit, or exemptions of any business entity which fails, within fifteen
15 business days after receipt of the request, to provide such information.
16 4. The attorney general, after receiving the requested identity information from the
17 business entity, shall submit identity data required by the federal government to verify, under
18 8 U.S.C. 1373, the immigration status of such persons, and shall provide the business entity
19 with written notice of the results of the verification request:
20 (1) If the federal government notifies the attorney general that an employee is
21 authorized to work in the United States, the attorney general shall take no further action on
22 the complaint;
23 (2) If the federal government notifies the attorney general that an employee is not
24 authorized to work in the United States, the attorney general shall proceed on the complaint as
25 provided in subsection 5 of this section;
26 (3) If the federal government notifies the attorney general that it is unable to verify
27 whether an employee is authorized to work in the United States, the attorney general shall
28 take no further action on the complaint until a verification from the federal government
29 concerning the status of the individual is received. At no point shall any state official attempt
30 to make an independent determination of any alien's legal status without verification from the
31 federal government.
32 5. (1) If the federal government notifies the attorney general that an employee is not
33 authorized to work in the United States, and the employer of the unauthorized alien
34 participates in a federal work authorization program, there shall be a rebuttable presumption
35 that the employer has met the requirements for an affirmative defense under subsection 4 of
36 section 285.530, and the employer shall comply with subsection 6 of this section.
37 (2) If the federal government notifies the attorney general that an employee is not
38 authorized to work in the United States, the attorney general shall bring a civil action in Cole
39 County if the attorney general reasonably believes the business entity knowingly violated
40 subsection 1 of section 285.530:
41 (a) If the court finds that a business entity did not knowingly violate subsection 1 of
42 section 285.530, the employer shall have fifteen business days to comply with subdivision (1)
43 and paragraph (a) of subdivision (2) of subsection 6 of this section. If the entity fails to do so,
44 the court shall direct the applicable municipal or county governing body to suspend the
45 business permit, if such exists, and any applicable licenses or exemptions of the entity until
46 the entity complies with subsection 6 of this section;
HCS HBs 2366 & 2511 4
47 (b) If the court finds that a business entity knowingly violated subsection 1 of section
48 285.530, the court shall direct the applicable municipal or county governing body to suspend
49 the business permit, if such exists, and any applicable licenses or exemptions of such business
50 entity for fourteen days. Permits, licenses, and exemptions shall be reinstated for entities who
51 comply with subsection 6 of this section at the end of the fourteen-day period.
52 6. The correction of a violation with respect to the employment of an unauthorized
53 alien shall include the following actions:
54 (1) (a) The business entity terminates the unauthorized alien's employment. If the
55 business entity attempts to terminate the unauthorized alien's employment and such
56 termination is challenged in a court of the state of Missouri, the fifteen-business-day period
57 for providing information to the attorney general referenced in subsection 3 of this section
58 shall be tolled while the business entity pursues the termination of the unauthorized alien's
59 employment in such forum; or
60 (b) The business entity, after acquiring additional information from the employee,
61 requests a secondary or additional verification by the federal government of the employee's
62 authorization, under the procedures of a federal work authorization program. While this
63 verification is pending, the fifteen-business-day period for providing information to the
64 attorney general referenced in subsection 3 of this section shall be tolled; and
65 (2) A legal representative of the business entity submits, at an office designated by
66 the attorney general, the following:
67 (a) A sworn affidavit stating that the violation has ended that shall include a
68 description of the specific measures and actions taken by the business entity to end the
69 violation, and the name, address, and other adequate identifying information for any
70 unauthorized aliens related to the complaint; and
71 (b) Documentation acceptable to the attorney general which confirms that the
72 business entity has enrolled in and is participating in a federal work authorization program.
73 7. The suspension of a business license or licenses under subsection 5 of this section
74 shall terminate one business day after a legal representative of the business entity submits the
75 affidavit and other documentation required under subsection 6 of this section following any
76 period of restriction required under subsection 5 of this section.
77 8. For an entity that violates subsection 1 of section 285.530 for a second time, the
78 court shall direct the applicable municipal or county governing body to suspend, for one year,
79 the business permit, if such exists, and any applicable license or exemptions of the business
80 entity. For a subsequent violation, the court shall direct the applicable municipal or county
81 governing body to forever suspend the business permit, if such exists, and any applicable
82 license or exemptions of the business entity.
83 9. In addition to the penalties in subsections 5 and 8 of this section:
HCS HBs 2366 & 2511 5
84 (1) Upon the first violation of subsection 1 of section 285.530 by any business entity
85 awarded a state contract or grant or receiving a state-administered tax credit, tax abatement,
86 or loan from the state, the business entity shall be deemed in breach of contract and the state
87 may terminate the contract and suspend or debar the business entity from doing business with
88 the state for a period of three years. Upon such termination, the state may withhold up to
89 twenty-five percent of the total amount due to the business entity;
90 (2) Upon a second or subsequent violation of subsection 1 of section 285.530 by any
91 business entity awarded a state contract or grant or receiving a state-administered tax credit,
92 tax abatement, or loan from the state, the business entity shall be deemed in breach of contract
93 and the state may terminate the contract and permanently suspend or debar the business entity
94 from doing business with the state. Upon such termination, the state may withhold up to
95 twenty-five percent of the total amount due to the business entity.
96 10. Sections 285.525 to 285.550 shall not be construed to deny any procedural
97 mechanisms or legal defenses included in a federal work authorization program.
98 11. Any business entity subject to a complaint and subsequent enforcement under
99 sections 285.525 to 285.540, or any employee of such a business entity, may challenge the
100 enforcement of this section with respect to such entity or employee in the courts of the state of
101 Missouri.
102 12. If the court finds that any complaint is frivolous in nature or finds no probable
103 cause to believe that there has been a violation, the court shall dismiss the case. For purposes
104 of this subsection, "frivolous" shall mean a complaint not shown by clear and convincing
105 evidence to be valid. Any person who submits a frivolous complaint shall be liable for actual,
106 compensatory, and punitive damages to the alleged violator for holding the alleged violator
107 before the public in a false light. If the court finds that a complaint is frivolous or that there is
108 not probable cause to believe there has been a violation, the attorney general shall issue a
109 public report to the complainant and the alleged violator stating with particularity its reasons
110 for dismissal of the complaint. Upon such issuance, the complaint and all materials relating
111 to the complaint shall be a public record as defined in chapter 610.
112 13. The determination of whether a worker is an unauthorized alien shall be made by
113 the federal government. A determination of such status of an individual by the federal
114 government shall create a rebuttable presumption as to that individual's status in any judicial
115 proceedings brought under this section or section 285.530. The court may take judicial notice
116 of any verification of an individual's status previously provided by the federal government
117 and may request the federal government to provide automated or testimonial verification.
118 14. Compensation, whether in money or in kind or in services, knowingly provided to
119 any unauthorized alien shall not be allowed as a business expense deduction from any income
120 or business taxes of this state.
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121 15. Any business entity which terminates an employee in accordance with this section
122 shall not be liable for any claims made against the business entity under chapter 213 for the
123 termination.] The attorney general may investigate alleged or suspected violations of
124 sections 285.500 to 285.515 and shall have all powers provided by sections 407.040 to
125 407.090, in connection with any investigation of an alleged or suspected violation of
126 sections 285.525 to 285.555. Any complaint made against an employer under sections
127 285.525 to 285.555 shall be accompanied by a sworn affidavit made under penalty of
128 perjury.
129 3. In any action brought under this section, the state shall have the burden of
130 proving by a preponderance of the evidence that the employer knowingly employed,
131 hired for employment, or continued to employ an unauthorized alien to perform work
132 within the state of Missouri. An employer that participates in a federal work
133 authorization program shall have an affirmative defense that such employer has not
134 violated sections 285.525 to 285.555.
135 4. Whenever the attorney general has reason to believe that an employer is
136 engaging in any conduct that would be a violation of sections 285.525 to 285.555, the
137 attorney general may seek an injunction prohibiting the employer from engaging in
138 such conduct and seek monetary damages in the amount equal to ten times the amount
139 of wages paid by the employer to any unauthorized alien workers during the time in
140 which such unlawful employment is alleged to have occurred. The attorney general may
141 also seek an injunction to suspend and the court shall have the power to suspend any
142 applicable license, permit, or exemption issued under state law by a state agency of any
143 business entity in connection with this matter including, but not limited to, those
144 administered by the secretary of state or the department of revenue. The attorney
145 general may bring an action for injunctive and monetary relief in the circuit court of
146 any county where the alleged violation is occurring or about to occur, or in the Cole
147 County circuit court.
148 5. If a court determines that an employer has knowingly hired an unauthorized
149 alien, the court shall enter a judgment in favor of the state and award penalties in an
150 amount consistent with the prayer for relief in the petition. The attorney general may
151 enter into a consent judgment with any person alleged to have violated sections 285.525
152 to 285.555. The court and the attorney general shall also have the power to direct the
153 applicable municipal or county governing body to suspend any applicable license,
154 permit, or exemptions of any employer or person found to have violated sections 285.525
155 to 285.555 in connection with any such judgment or consent judgment entered under
156 this subsection.
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157 6. Any employer that reports an alleged violation of sections 285.525 to 285.555
158 to the attorney general shall not be subject to any liability under sections 285.525 to
159 285.555.
[285.543. The attorney general shall maintain a database that
2 documents any business entity whose permit, license, or exemption has been
3 suspended or state contract has been terminated.]
[285.550. If any municipal or county governing body fails to suspend
2 the business permit, if such exists, and applicable licenses or exemptions as
3 directed by the attorney general as a result of a violation of section 285.530 or
4 285.535 within fifteen days after notification by the attorney general, the
5 municipality shall be deemed to have adopted a sanctuary policy as defined in
6 section 67.307 and shall be subject to the penalties thereunder.]
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