HB 1549 FAQ’S
All questions answered by Attorney Ivan Schraeder. As with all legal matters officials
are advised to consult the local city attorney for answers tailored to the specifics of
individual city issues.
1) In regards to Section 285.530 #2 concerning the award of any contract or grant in
excess of five thousand dollars by the state, we understand contractors who submit a bid
say on a public works project would need to complete the necessary affidavits before they
begin work but what about businesses that provide services to a municipality?
Answer: Services by contractor and product providers are covered as well as
construction under 585.525(2) definition.
2) If we use one business on several projects within the City, it is my understanding they
have to complete an affidavit on the employees working on that project? Is that correct?
Answer: All providers have to provide the proper paperwork and affidavits with
proof.
3) We are in the process of purchasing new water meters so does the company we are
purchasing them from have to provide the document?
Answer: The water meter company must comply.
4) We were hoping to create a database of businesses that had completed the affidavits
can we can do that?
Answer: A database of affidavits may not be sufficient to comply because of the
requirement for ongoing compliance and proof of same when considered in light of
changing work forces.
5) If we purchase $7,000 worth of paper, does the company that provided the paper have
to provide affidavits?
Answer: Until the regulations are released, it is recommended that if a single
contractor reaches the threshold through several individual deals that they
contractor must comply and the City has to enforce compliance. Without
regulations, we are not sure whether multiple non-valued arrangements when
aggregated require qualification.
6) Are all cities required to have the 10-hour OSHA safety training?
Answer: Section 292.675.2 RSMo provides that “any person signing a contract”
shall provide for the 10-hour training. If a city department contracts for services
with the City rather than use an outside contractor as a contract option, then it must
comply. This is by way of formal proposal which some cities are moving toward in
order to advantage available manpower it already employs in a cost competitive
non-traditional way. Under normal circumstances, there is no need to have the 10hour training for employees.
7) How does a city verify large non-resident corporations?
Answer: From a reading of the statute, it appears that an affidavit of compliance
and continuing compliance may be used until rules are released requiring some
other method of compliance. There may be some need for the corporation to allow
for on-site inspection by City personnel to verify continuing compliance especially
since employment changes occur regularly.
8) Does a city have to verify legal status for payment of city taxes?
Answer: Payment of taxes is not described as a “public benefit”.
9) Are all contractors required to have the 10 hour safety training or is it for only
construction contractors on jobs over $5,000?
Answer: Section 292.675.2 RSMo provides that “any person signing a contract”
shall provide for the 10-hour training. There is no threshold amount in this section.
The $5,000 amount relates to the requirement for affidavits & documentation of
employment eligibility issues for the letting of contracts or grants as found in
Section 285.530.2 RSMo.
10) Does every employer in the state of Missouri have to register and start using e-verify
effective Jan 1, 2009?
Answer: All public employers are required to enroll in and use E-verify under
Section 285.530.3 RSMo.
11) If a person is out on workman’s comp and has been given notice of FMLA, can that
person be terminated after the 12 weeks of leave has ended?
Answer: A person can be placed on FMLA leave to run concurrently with a workers
compensation absence. If the employee is not able to return to work after FMLA is
exhausted, the employee can be terminated, provided the termination is not for
“filing” a claim. Care should be taken so as not to violate ADA and MHRA if action
is taken to remove the employee.
12) Does HB 1549 require a city to check for proof of immigration status when issuing
business licenses? And if so where?
Answer: Sections 285.530.5 and 285.550 RSMo relate to continuation of business
licenses and requirements for checking. Section 67.307 RSMo prohibits any
municipality from having a policy that “grants illegal aliens the right of lawful
presence or status within a municipality.