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Guidance Content-type: text/html 'C:\Inetpub\agcmo.org\http\member_home\cgibin\sessionName.pl' script produced no output   "Guidance to Employers on Employer Requirements of Omnibus Immigration Bill – Effective January 1, 2009" New state requirements on employers enacted by the Missouri General Assembly in HB 1549 relating to verification of work authorization of employees and contracting and subcontracting, become effective January 1, 2009. Since passage of the legislation and signature by the Governor on July 7, 2008, AGC of Missouri has worked to develop resources assisting members in compliance. The law firm of Armstrong Teasdale, LLC was retained to provide legal advice in preparation of the "Guidance" for use of AGC of Missouri members. (See the cover letter to the "Guidance" as attached to this Friday Facts for further information.) The most stringent requirements imposed by HB 1549 are on "contractors" and "subcontractors", including such "business entities" operating in the construction industry. A copy of the one page Executive Summary from the "Guidance" focusing on the construction industry is attached to this Friday Facts. Each contractor and affiliate company will also receive one copy of the "Guidance" by mail in a printed loose leaf binder as an office reference. (If you would like to have more printed copies for individuals or branch offices, please complete the attached order form and return to AGC.) The Guidance is being provided in both electronic and printed form for the convenience of members and for AGC’s efficiency in updating the Guidance as state rules and federal requirements change. Please note that the Guidance itself is copyrighted material. Feel free to share the Guidance with offices or individuals within your own company. ("Contract Clauses, "Affidavits" and other legal forms are not copyrighted for ease of use in the contracting process.) However, distribution of the Guidance itself outside of your company requires written authorization from AGC of Missouri. The "Employer Immigration" requirements of HB 1549 will significantly impact AGC members in day-to-day operation of their businesses. Any business entity that ever performs work as a "prime contractor" to a public entity is required to participate in the "E-Verify" work authorization verification program operated by the US Department of Homeland Security. AGC and Armstrong Teasdale also advise that "subcontractors" participate in "E-Verify". "Subcontractors" under HB 1549 will also likely be interpreted to include "business entities" in addition to "construction companies." Certain "contract clauses" and "affidavits" are required or advisable in "contracting" and "subcontracting." Armstrong Teasdale has prepared legal documents for use by member companies in meeting these new requirements, which are included as "Enclosures" with the "Guidance". Exactly how the new state "Employer Immigration" requirements affect your company depends on factors relating to the operation of your specific business. AGC urges each member company to review the "Guidance" in the next few days. Requirements relating to public contracts are effective for contracts awarded on or after January 1, 2009. Ongoing or previously awarded contracts and subcontracts would not have to be amended, but "E-Verify" would also apply to "new hires" on such projects. AGC had anticipated that a lawsuit seeking an injunction might be filed against HB 1549 by a social issue or immigration advocacy group in the last weeks or days before January 1, 2009. However, to our knowledge no legal challenges are in preparation. Therefore, we believe members can anticipate the new requirements will be in affect on January 1. HB 1549 Guidance Letter HB 1549 Guidance Report HB 1549 Guidance Enclosure #1 HB 1549 Guidance Enclosure #2 HB 1549 Guidance Enclosure #3 HB 1549 Guidance Enclosure #4-5 HB 1549 Guidance Enclosure #6 HB 1549 Guidance Enclosure #7 HB 1549 Guidance Order Form for Additional Manuals Location:   Home | Member Home | Guidance