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