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 -1-