House File 2476 - Introduced



                                       HOUSE FILE       
                                       BY  STRUYK, BOAL, FORRISTALL,
                                           WATTS, WORTHAN, BAUDLER,
                                           GREINER, RAYHONS, DE BOEF,
                                           VAN FOSSEN, GRASSLEY, ALONS,
                                           SCHICKEL, DEYOE, SODERBERG,
                                           and UPMEYER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act prohibiting local legislation that prevents local
  2    government officials or employees from cooperating with
  3    federal officials with regard to the immigration status of
  4    persons within the state.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5647YH 82
  7 md/rj/8

PAG LIN



  1  1    Section 1.  Section 331.303, Code 2007, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  10A.  a.  A county shall not adopt or
  1  4 enforce county legislation prohibiting a county sheriff or
  1  5 deputy sheriff, county official, or county employee from
  1  6 communicating or cooperating with federal officials with
  1  7 regard to the immigration status of any person within the
  1  8 state.  Members of the board of supervisors who vote to
  1  9 approve such county legislation may be personally liable under
  1 10 section 670.12 for damages resulting from enforcement of the
  1 11 county legislation.
  1 12    b.  The internal rules of a county office or department
  1 13 shall not prohibit a county sheriff or deputy sheriff, county
  1 14 official, or county employee from communicating or cooperating
  1 15 with federal officials with regard to the immigration status
  1 16 of any person within the state.
  1 17    Sec. 2.  Section 364.3, Code 2007, is amended by adding the
  1 18 following new subsection:
  1 19    NEW SUBSECTION.  10.  a.  A city shall not adopt or enforce
  1 20 an ordinance prohibiting a city peace officer, city official,
  1 21 or city employee from communicating or cooperating with
  1 22 federal officials with regard to the immigration status of any
  1 23 person within the state.  City council members who vote to
  1 24 approve such an ordinance may be personally liable under
  1 25 section 670.12 for damages resulting from enforcement of the
  1 26 ordinance.
  1 27    b.  The internal rules of a city office or department shall
  1 28 not prohibit a city peace officer, city official, or city
  1 29 employee from communicating or cooperating with federal
  1 30 officials with regard to the immigration status of any person
  1 31 within the state.
  1 32    Sec. 3.  Section 670.12, Code 2007, is amended to read as
  1 33 follows:
  1 34    670.12  OFFICERS AND EMPLOYEES == PERSONAL LIABILITY.
  1 35    All officers and employees of municipalities are not
  2  1 personally liable for claims which are exempted under section
  2  2 670.4, except claims for punitive damages, claims for damages
  2  3 pursuant to section 331.303, subsection 10A, or section 364.3,
  2  4 subsection 10, and actions permitted under section 85.20.  An
  2  5 officer or employee of a municipality is not liable for
  2  6 punitive damages as a result of acts in the performance of a
  2  7 duty, unless actual malice or willful, wanton and reckless
  2  8 misconduct is proven.
  2  9                           EXPLANATION
  2 10    This bill prohibits counties and cities from enacting local
  2 11 legislation or ordinances that prevent peace officers, local
  2 12 officials, or local employees from communicating or
  2 13 cooperating with federal officials with regard to the
  2 14 immigration status of any person within the state.  The bill
  2 15 also prohibits city and county offices and departments from
  2 16 promulgating internal rules that prevent officers, officials,
  2 17 and employees from communicating or cooperating with federal
  2 18 officials with regard to the immigration status of any person
  2 19 within the state.
  2 20    The bill provides that a member of the governing body of a
  2 21 county or city may be liable for damages resulting from the
  2 22 enactment of such local legislation or ordinance if the member
  2 23 voted to approve the measure.
  2 24 LSB 5647YH 82
  2 25 md/rj/8