Senate Amendment 5347
PAG LIN
1 1 Amend Senate File 2416 as follows:
1 2 #1. Page 6, by inserting after line 33 the
1 3 following:
1 4 <DIVISION
1 5 PUBLIC CONTRACTS AND EMPLOYMENT
1 6 Sec. . Section 8A.413, Code 2007, is amended by
1 7 adding the following new subsection:
1 8 NEW SUBSECTION. 23. For determining the work
1 9 eligibility status of employees by requiring
1 10 utilization of a status verification system as defined
1 11 in section 73A.22.
1 12 Sec. . NEW SECTION. 73A.22 STATE ASSISTANCE
1 13 RESTRICTIONS == PERSONS EMPLOYING UNAUTHORIZED ALIENS.
1 14 1. a. For purposes of this section,
1 15 "developmental assistance" means any form of public
1 16 assistance, including tax expenditures, made for the
1 17 purpose of stimulating the economic development of a
1 18 corporation, industry, geographic jurisdiction, or any
1 19 other sector of the state's economy, including but not
1 20 limited to industrial development bonds, training
1 21 grants, loans, loan guarantees, enterprise zones,
1 22 empowerment zones, tax increment financing, fee
1 23 waivers, land price subsidies, infrastructure
1 24 constructed or improved for the benefit of a single
1 25 business or defined group of businesses at the time it
1 26 is built or improved, matching funds, tax abatements,
1 27 tax credits and tax discounts of every kind, including
1 28 corporate, franchise, personal income, sales and use,
1 29 raw materials, real property, job creation, individual
1 30 investment, excise, utility, inventory, accelerated
1 31 depreciation, and research and development tax credits
1 32 and discounts.
1 33 b. For purposes of this section, "status
1 34 verification system" means an electronic system
1 35 operated by the federal government utilized to verify
1 36 or ascertain the citizenship or immigration status of
1 37 any individual and includes any of the following:
1 38 (1) The electronic verification of work
1 39 authorization program under the federal Illegal
1 40 Immigration Reform and Immigration Responsibility Act
1 41 of 1996, and operated by the United States department
1 42 of homeland security.
1 43 (2) Any federal program designated by the United
1 44 States department of homeland security or any other
1 45 federal agency authorized to verify the work
1 46 eligibility status of newly hired employees, pursuant
1 47 to the federal Immigration Reform and Control Act of
1 48 1986.
1 49 (3) Any independent, third=party system with an
1 50 equal or higher degree of reliability as the programs,
2 1 systems, or processes described in this paragraph "b".
2 2 (4) The social security number verification
2 3 service, or such similar online verification process
2 4 implemented by the United States social security
2 5 administration.
2 6 2. A state department, institution, or agency, or
2 7 any board member, commissioner, director, manager, or
2 8 other person connected with any such department,
2 9 institution, or agency, shall not award a contract or
2 10 provide developmental assistance to an employer if the
2 11 employer or corporate officer of the employer has
2 12 failed to ascertain the status of its employees
2 13 through a status verification system.
2 14 3. Any contract or developmental assistance
2 15 awarded shall provide that if, during the effective
2 16 period of the contract or developmental assistance,
2 17 the vendor, contractor, subcontractor, or
2 18 developmental assistance recipient fails to utilize a
2 19 status verification system, the contract or
2 20 developmental assistance shall be terminated.
2 21 4. A state department, institution, or agency may
2 22 enforce its rights under this section by instituting a
2 23 civil action in district court in this state. In
2 24 addition, a state department, institution, or agency
2 25 shall not award a contract or provide developmental
2 26 assistance to any person who violates this section for
2 27 a period of five years after the date of the
2 28 violation.
2 29 DIVISION
2 30 STATE PUBLIC ASSISTANCE
2 31 Sec. . NEW SECTION. 73A.23 STATE ASSISTANCE
2 32 RESTRICTIONS == UNAUTHORIZED ADULT ALIENS ==
2 33 PENALTIES.
2 34 1. For purposes of this section, unless the
2 35 context otherwise requires:
2 36 a. "State aid" means any form of financial
2 37 benefit, aid, or assistance provided to a person by a
2 38 state department, institution, or agency.
2 39 b. "Unauthorized adult alien" means a person who
2 40 is eighteen years of age or older and who is not a
2 41 citizen or legal resident of, and who has not been
2 42 lawfully admitted to the United States for permanent
2 43 residence or who is not authorized to work in the
2 44 United States.
2 45 2. A state department, institution, or agency
2 46 shall not provide any state aid to an unauthorized
2 47 adult alien.
2 48 To ascertain whether a person is eligible for state
2 49 aid pursuant to the requirements of this section, the
2 50 state department, institution, or agency shall verify,
3 1 if possible, a person's eligibility for benefits
3 2 through the federal systematic alien verification for
3 3 entitlements program operated by the United States
3 4 department of homeland security or an equivalent
3 5 program designated by the United States department of
3 6 homeland security.
3 7 3. A person who makes a false statement or
3 8 representation as to whether the person is an
3 9 unauthorized adult alien knowing it to be false or
3 10 knowingly fails to disclose this fact, to obtain or
3 11 increase any state aid in violation of this section,
3 12 is guilty of a fraudulent practice as defined in
3 13 sections 714.8 to 714.14. The total amount of state
3 14 aid involved in the completion of or in the attempt to
3 15 complete a fraudulent practice shall be used in
3 16 determining the value involved under section 714.14.
3 17 DIVISION
3 18 POSTSECONDARY INSTITUTIONS
3 19 Sec. . Section 260C.14, Code 2007, is amended
3 20 by adding the following new subsection:
3 21 NEW SUBSECTION. 22. Require an individual who
3 22 submits an application for admission to the community
3 23 college to provide proof of United States citizenship
3 24 or proof that the individual is lawfully present in
3 25 the United States. An individual who cannot provide
3 26 such proof shall not be admitted by the community
3 27 college as a student. The department of education
3 28 shall annually calculate the education funding per
3 29 student for community colleges. State assistance to a
3 30 community college for a fiscal year shall be reduced
3 31 by the education funding per student amount calculated
3 32 for community colleges multiplied by the number of
3 33 students enrolled in the community college in the
3 34 prior fiscal year who failed to provide proof as
3 35 required under this subsection. This section shall
3 36 not apply to students who are taking courses offered
3 37 by the community college under the provisions of
3 38 section 257.11 or under the provisions of chapter
3 39 261C.
3 40 Sec. . Section 262.9, Code Supplement 2007, is
3 41 amended by adding the following new subsection:
3 42 NEW SUBSECTION. 32. Direct each of the
3 43 institutions of higher education under the board's
3 44 control to require an individual who submits an
3 45 application for admission to the institution to
3 46 provide proof of United States citizenship or proof
3 47 that the individual is lawfully present in the United
3 48 States. An individual who cannot provide such proof
3 49 shall not be admitted by the institution as a student.
3 50 The department of education shall annually calculate
4 1 the education funding per student for regents
4 2 universities. State assistance to an institution for
4 3 a fiscal year shall be reduced by the education
4 4 funding per student amount calculated for regents
4 5 universities multiplied by the number of students
4 6 enrolled in the institution in the prior fiscal year
4 7 who failed to provide proof as required under this
4 8 subsection. This section shall not apply to students
4 9 who are taking courses offered by the institution
4 10 under the provisions of chapter 261C.
4 11 Sec. . APPLICABILITY. Notwithstanding section
4 12 260C.14, subsection 22, as enacted by this Act, and
4 13 section 262.9, subsection 32, as enacted by this Act,
4 14 state assistance to an institution shall not be
4 15 reduced as provided in those subsections on the basis
4 16 of students who were enrolled in a community college
4 17 or regents university on or before January 1, 2009.
4 18 DIVISION
4 19 IDENTIFICATION CARDS
4 20 Sec. . Section 321.177, Code 2007, is amended
4 21 by adding the following new subsection:
4 22 NEW SUBSECTION. 10. To any person who is an
4 23 unauthorized alien as defined in section 710B.1
4 24 Sec. . Section 321.190, subsection 1, Code
4 25 2007, is amended by adding the following new
4 26 paragraph:
4 27 NEW PARAGRAPH. e. The department shall not issue
4 28 a card to a person who is an unauthorized alien as
4 29 defined in section 710B.1.
4 30 DIVISION
4 31 LOCAL GOVERNMENT
4 32 Sec. . Section 331.304A, Code 2007, is amended
4 33 by adding the following new subsection:
4 34 NEW SUBSECTION. 3. A county shall not adopt or
4 35 enforce county legislation prohibiting a peace
4 36 officer, county official, or county employee from
4 37 communicating or cooperating with federal officials
4 38 with regard to the immigration status of any person
4 39 within the state. County officials who vote to
4 40 approve such county legislation may be personally
4 41 liable under section 670.12 for damages resulting from
4 42 enforcement of the county legislation.
4 43 Sec. . Section 364.3, Code 2007, is amended by
4 44 adding the following new subsection:
4 45 NEW SUBSECTION. 10. A city shall not adopt or
4 46 enforce an ordinance prohibiting a peace officer, city
4 47 official, or city employee from communicating or
4 48 cooperating with federal officials with regard to the
4 49 immigration status of any person within the state.
4 50 City officials who vote to approve such an ordinance
5 1 may be personally liable under section 670.12 for
5 2 damages resulting from enforcement of the county
5 3 legislation.
5 4 Sec. . Section 670.12, Code 2007, is amended to
5 5 read as follows:
5 6 670.12 OFFICERS AND EMPLOYEES == PERSONAL
5 7 LIABILITY.
5 8 All officers and employees of municipalities are
5 9 not personally liable for claims which are exempted
5 10 under section 670.4, except claims for punitive
5 11 damages, claims for damages pursuant to section
5 12 331.304A, subsection 3, or section 364.3, subsection
5 13 10, and actions permitted under section 85.20. An
5 14 officer or employee of a municipality is not liable
5 15 for punitive damages as a result of acts in the
5 16 performance of a duty, unless actual malice or
5 17 willful, wanton and reckless misconduct is proven.
5 18 DIVISION
5 19 PRISONERS
5 20 Sec. . Section 356.2, Code 2007, is amended to
5 21 read as follows:
5 22 356.2 DUTY.
5 23 1. The sheriff shall have charge and custody of
5 24 the prisoners in the jail or other prisons of the
5 25 sheriff's county, and shall receive those lawfully
5 26 committed, and keep them until discharged by law.
5 27 2. Upon confinement of a prisoner in the jail, the
5 28 sheriff shall make a reasonable effort to determine
5 29 whether the person is an unauthorized alien as defined
5 30 in section 710B.1. If the sheriff has reason to
5 31 believe that the prisoner is an unauthorized alien or
5 32 is unable to determine whether the prisoner is an
5 33 unauthorized alien, the sheriff shall notify United
5 34 States immigration and customs enforcement of the
5 35 United States department of homeland security.
5 36 Sec. . NEW SECTION. 904.501A ASCERTAINMENT OF
5 37 STATUS.
5 38 The superintendent of each institution shall,
5 39 within ten days after the commitment or entrance of a
5 40 person to the institution, make a reasonable effort to
5 41 determine whether the person is an unauthorized alien
5 42 as defined in section 710B.1. If the superintendent
5 43 has reason to believe that the person is an
5 44 unauthorized alien or is unable to determine whether
5 45 the person is an unauthorized alien, the
5 46 superintendent shall notify United States immigration
5 47 and customs enforcement of the United States
5 48 department of homeland security.
5 49 DIVISION
5 50 TRANSPORTATION OF UNAUTHORIZED ALIENS
6 1 Sec. . NEW SECTION. 710B.1 TRANSPORTATION AND
6 2 CONCEALMENT OF UNAUTHORIZED ALIENS.
6 3 1. It shall be unlawful for any person to
6 4 transport, move, conceal, harbor, or shelter, or
6 5 attempt to transport, an unauthorized alien in this
6 6 state knowing or in reckless disregard of the fact
6 7 that the person is an unauthorized alien.
6 8 2. For purposes of this section, an "unauthorized
6 9 alien" means a person who is not a citizen or legal
6 10 resident and who has not been lawfully admitted to the
6 11 United States pursuant to federal law.
6 12 3. A person who violates this section commits a
6 13 class "D" felony.
6 14 DIVISION
6 15 MEMORANDUM OF UNDERSTANDING TO ENFORCE IMMIGRATION LAW
6 16 Sec. . MEMORANDUM OF UNDERSTANDING ==
6 17 ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
6 18 1. The attorney general is authorized and directed
6 19 to negotiate the terms of a memorandum of
6 20 understanding between the state of Iowa and the United
6 21 States department of justice or the United States
6 22 department of homeland security concerning the
6 23 enforcement of federal immigration and custom laws,
6 24 detention removals, and investigations in the state of
6 25 Iowa.
6 26 2. The memorandum of understanding negotiated
6 27 pursuant to subsection 1 shall be signed on behalf of
6 28 this state by the attorney general and the governor or
6 29 as otherwise required by the appropriate federal
6 30 agency but shall not be implemented until money is
6 31 appropriated for such purpose.
6 32 3. A local government, whether acting through its
6 33 governing body or by an initiative, referendum, or any
6 34 other process, shall not enact any ordinance,
6 35 resolution, or policy that limits or prohibits a law
6 36 enforcement officer, local officer, or local
6 37 government employee from communicating or cooperating
6 38 with federal officials with regard to the immigration
6 39 status of any person within this state.
6 40 4. Notwithstanding any other provision of law, a
6 41 government entity or official within the state of Iowa
6 42 shall not prohibit, or in any way restrict, any
6 43 government entity or official from sending to, or
6 44 receiving from, the United States department of
6 45 homeland security, information regarding the
6 46 citizenship or immigration status, lawful or unlawful,
6 47 of any individual.
6 48 5. Notwithstanding any other provision of law, no
6 49 person or agency may prohibit, or in any way restrict,
6 50 a public employee from doing any of the following with
7 1 respect to information regarding the immigration
7 2 status, lawful or unlawful, of any individual:
7 3 a. Sending such information to, or requesting or
7 4 receiving such information from, the United States
7 5 department of homeland security.
7 6 b. Maintaining such information.
7 7 c. Exchanging such information with any other
7 8 federal, state, or local government entity.
7 9 6. Any natural or legal person lawfully domiciled
7 10 in this state may file for a writ of mandamus to
7 11 compel any noncooperating local or state governmental
7 12 agency to comply with this section.
7 13 DIVISION
7 14 IMPLEMENTATION
7 15 Sec. . IMPLEMENTATION OF ACT. Section 25B.2,
7 16 subsection 3, shall not apply to this Act.>
7 17 #2. By striking page 6, line 34, through page 16,
7 18 line 30.
7 19 #3. Title page, line 1, by inserting after the
7 20 word <to> the following: <unauthorized aliens and>.
7 21 #4. Title page, lines 1 and 2, by striking the
7 22 words <and employment classification>.
7 23 #5. Title page, line 3, by inserting after the
7 24 word <employers> the following: <, providing
7 25 penalties and an applicability date,>.
7 26 #6. By renumbering as necessary.
7 27
7 28
7 29
7 30 JEFF ANGELO
7 31 SF 2416.501 82
7 32 ak/ml/12
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