House Amendment 8124


PAG LIN




     1  1    Amend House File 2610 as follows:
     1  2 #1.  Page 6, by inserting after line 7 the
     1  3 following:
     1  4                      <DIVISION    
     1  5                   COUNTY PROHIBITION
     1  6    Sec.    .  Section 331.303, Code 2007, is amended
     1  7 by adding the following new subsection:
     1  8    NEW SUBSECTION.  10A.  a.  A county shall not adopt
     1  9 or enforce county legislation prohibiting a county
     1 10 sheriff or deputy sheriff, county official, or county
     1 11 employee from communicating or cooperating with
     1 12 federal officials with regard to the immigration
     1 13 status of any person within the state.  Members of the
     1 14 board of supervisors who vote to approve such county
     1 15 legislation may be personally liable under section
     1 16 670.12 for damages resulting from enforcement of the
     1 17 county legislation.
     1 18    b.  The internal rules of a county office or
     1 19 department shall not prohibit a county sheriff or
     1 20 deputy sheriff, county official, or county employee
     1 21 from communicating or cooperating with federal
     1 22 officials with regard to the immigration status of any
     1 23 person within the state.
     1 24    Sec.    .  Section 364.3, Code 2007, is amended by
     1 25 adding the following new subsection:
     1 26    NEW SUBSECTION.  10.  a.  A city shall not adopt or
     1 27 enforce an ordinance prohibiting a city peace officer,
     1 28 city official, or city employee from communicating or
     1 29 cooperating with federal officials with regard to the
     1 30 immigration status of any person within the state.
     1 31 City council members who vote to approve such an
     1 32 ordinance may be personally liable under section
     1 33 670.12 for damages resulting from enforcement of the
     1 34 ordinance.
     1 35    b.  The internal rules of a city office or
     1 36 department shall not prohibit a city peace officer,
     1 37 city official, or city employee from communicating or
     1 38 cooperating with federal officials with regard to the
     1 39 immigration status of any person within the state.
     1 40    Sec.    .  Section 670.12, Code 2007, is amended to
     1 41 read as follows:
     1 42    670.12  OFFICERS AND EMPLOYEES == PERSONAL
     1 43 LIABILITY.
     1 44    All officers and employees of municipalities are
     1 45 not personally liable for claims which are exempted
     1 46 under section 670.4, except claims for punitive
     1 47 damages, claims for damages pursuant to section
     1 48 331.303, subsection 10A, or section 364.3, subsection
     1 49 10, and actions permitted under section 85.20.  An
     1 50 officer or employee of a municipality is not liable
     2  1 for punitive damages as a result of acts in the
     2  2 performance of a duty, unless actual malice or
     2  3 willful, wanton and reckless misconduct is proven.>
     2  4 #2.  Title page, line 1, by inserting after the
     2  5 word <to> the following:  <identity determination and
     2  6 protection and>.
     2  7 #3.  Title page, line 3, by inserting after the
     2  8 word <individuals,> the following:  <and providing for
     2  9 cooperation with federal officials with regard to a
     2 10 person's immigration status,>.
     2 11 #4.  By renumbering as necessary.
     2 12
     2 13
     2 14                               
     2 15 STRUYK of Pottawattamie
     2 16 HF 2610.707 82
     2 17 ak/rj/11217

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