Form of Affidavit

PURPOSE: This rule prescribes the form of affidavit to be submitted by business entities or employers who fall under the provisions of section 285.530, RSMo Supp. 2008. (1) Any bid or response to a request for proposal (RFP) for the award of any contract for services or grant in excess of five thousand dollars ($5,000) by the state or by any political subdivision of the state to a business entity, or application by any business entity to receive a state-administered or subsidized tax credit, tax abatement, or loan from the state, shall be accompanied by an affidavit containing the following: (A) A statement that the business entity has enrolled in, and is currently participating in, E-Verify, a federal work authorization program, or any other equivalent electronic verification of work authorization program operated by the United States Department of Homeland Security under the Immigration Reform and Control Act of 1986 (IRCA); (B) A statement that the business entity does not knowingly employ any person who is an unauthorized alien in conjunction with the contracted services; and (C) A notarized signature of the registered agent, legal representative of the business entity, or a corporate officer, including, but not limited to, the human resources director of the business entity or their equivalent. (2) A subcontractor must provide a similar affidavit to its contractor or subcontractor at the time the subcontractor is hired. (3) A contractor or subcontractor is not required to perform an electronic verification check described above on an employee hired before January 1, 2009. (4) Any business entity having a contract or grant in excess of five thousand dollars ($5,000) from the state, a political subdivision, municipality, or county awarded before the effective date of this law is not required to complete the affidavit described above until the grant or contract is renewed but is not relieved from compliance with the provisions of section 285.530(1), RSMo Supp. 2008. (5) Any business entity that has received a state-administered or subsidized tax credit, tax abatement, or loan from the state prior to the effective date of this law is not required to complete the affidavit described above but is not relieved from compliance with section 285.530(1), RSMo Supp. 2008. (6) Any business entity that merely provides goods or products to the state or a political subdivision with no services is not required to file the affidavit described above. (7) The attorney general may make available a form of affidavit that will satisfy the requirements of section 285.530, RSMo Supp. 2008. AUTHORITY: section 285.540, RSMo Supp. 2008.* Emergency rule filed March 2, 2009, effective March 12, 2009, expired Sept. 7, 2009. Original rule filed March 2, 2009, effective Aug. 30, 2009. *Original authority: 285.540, RSMo 2008.