Perfected

HCS/HB 390 - This act modifies the law relating to unauthorized aliens and employment safety programs.

Aliens unlawfully present in the United States shall not be eligible for enrollment in any university, college, or junior college. The department of higher education shall annually certify that all higher education institutions have not knowingly enrolled any unlawful aliens in the preceding year.

Education institutions awarding postsecondary aid, grants, or scholarships shall verify that the recipients are United States citizens, permanent residents, or are lawfully present in the United States. Postsecondary higher education institutions shall annually certify to the department of higher education that they have not knowingly awarded aid, grants, grants, or scholarships to a student who is unlawfully present in the United States.

Currently, under section 208.009, RSM0, aliens unlawfully present in the United States shall not receive any state or local public benefit. Applicants are required to show proof of citizenship, permanent residence, or lawful presence when applying for the benefit with the exception of state grants, and scholarships, for which proof must be provided before receipt of the benefit. This act removes postsecondary education, state grants, and scholarships from the definition of "public benefit". Subsequently, all requirements relating to postsecondary education are removed from this section.

During or immediately after a natural disaster, the requirement that business entities enroll and participate in a federal work authorization program shall be suspended for 15 working days.

If the federal government discontinues all federal work authorization programs, statutory requirements relating to such a program shall not apply.

The act exempts employees who have previously completed an approved occupational safety and health program from completing such a program on subsequent projects.

This act contains an emergency clause.

This act is similar to SB 1250 (2006), SB 626 (2007), SB 348 (2007), SB 858 (2008), HB 1655 (2008), SB 1230 (2008), HB 1549 (2008), SB 133 (2009).

CHRIS HOGERTY


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