CCS-2218 REPORT OF THE CONFERENCE COMMITTEE 1 ON SENATE FILE 2218 2 To the President of the Senate and the Speaker of the House 3 of Representatives: 4 We, the undersigned members of the conference committee 5 appointed to resolve the differences between the Senate and 6 House of Representatives on Senate File 2218, a bill for an Act 7 relating to the verification of the identity and employment 8 eligibility of individuals by the board of educational 9 examiners, school districts, accredited nonpublic schools, 10 charter schools, and innovation zone schools, and including 11 applicability provisions, respectfully make the following 12 report: 13 1. That the House recedes from its amendment, S-5104. 14 2. That Senate File 2218, as amended, passed, and reprinted 15 by the Senate, is amended to read as follows: 16 1. By striking everything after the enacting clause and 17 inserting: 18 < DIVISION I 19 EDUCATION-RELATED PROVISIONS 20 Section 1. Section 256.146, subsection 16, Code 2026, is 21 amended to read as follows: 22 16. a. Adopt rules to require that a background 23 investigation be conducted by the division of criminal 24 investigation of the department of public safety on all 1 25 -1- SF 2218.4271 (4) 91 jda/jh 1/ 18

CCS-2218 initial applicants for licensure. The board shall also require all initial applicants to submit a completed fingerprint packet 2 and shall use the packet to facilitate a national criminal 3 history background check. 4 b. The board shall have access to, and shall review the 5 sex offender registry information under section 692A.121 6 available to the general public, information in the Iowa court 7 information system available to the general public, the central 8 registry for child abuse information established under chapter 9 235A , and the dependent adult abuse records maintained under 10 chapter 235B for information regarding applicants for license 11 renewal and, every five years, for practitioners who are not 12 subject to renewal requirements pursuant to subsection 1 , 13 paragraph “a” , subparagraph (2). The board may charge such 14 a practitioner who is not subject to renewal requirements a 15 reasonable fee for the review of the sex offender registry 16 information, information in the Iowa court information system, 17 the central registry for child abuse information, and the 18 dependent adult abuse records. 19 c. (1) The board shall require all initial applicants for 20 licensure, including individuals who apply for a license under 21 section 256.152, and all applicants for license renewal, to 22 produce evidence of the applicant’s legal authorization to 23 work in the United States as a condition of initial licensure 24 or license renewal. The board shall accept as proof of an 25 applicant’s legal authorization to work in the United States 26 any of the following: 27 (a) A document that establishes both employment 28 authorization and identity, as described in 8 U.S.C. 29 §1324a(b)(1)(B). 30 (b) A document that evidences employment authorization, 31 as described in 8 U.S.C. §1324a(b)(1)(C), and a document that 32 establishes the identity of the applicant, as described in 8 33 U.S.C. §1324a(b)(1)(D). 34 -2- SF 2218.4271 (4) 91 jda/jh 2/ 18

CCS-2218 (2) The board shall require all practitioners who are 1 not subject to renewal requirements pursuant to subsection 2 1, paragraph “a” , subparagraph (2), to produce evidence 3 of the practitioner’s legal authorization to work in the 4 United States every five years as a condition of remaining 5 licensed. The board shall accept as proof of a practitioner’s 6 legal authorization to work in the United States any of the 7 following: 8 (a) A document that establishes both employment 9 authorization and identity, as described in 8 U.S.C. 10 §1324a(b)(1)(B). 11 (b) A document that evidences employment authorization, 12 as described in 8 U.S.C. §1324a(b)(1)(C), and a document that 13 establishes the identity of the practitioner, as described in 8 14 U.S.C. §1324a(b)(1)(D). 15 Sec. 2. APPLICABILITY. The following applies to all 16 applications for initial licensure, and all applications for 17 license renewal, that are submitted to the board of educational 18 examiners on or after the effective date of this division of 19 this Act: 20 The section of this division of this Act amending section 21 256.146. 22 DIVISION II 23 PROVIDING FALSE SOCIAL SECURITY NUMBERS —— PENALTIES 24 Sec. 3. NEW SECTION . 91F.1 Definitions. 25 As used in this chapter unless the context otherwise 26 requires: 27 1. “Department” means the department of workforce 28 development. 29 2. “Employer” means a person who employs an employee in this 30 state for wages. 31 Sec. 4. NEW SECTION . 91F.2 Employment of persons with false 32 social security numbers prohibited. 33 An employer shall not hire or continue to employ an employee 34 -3- SF 2218.4271 (4) 91 jda/jh 3/ 18

CCS-2218 who the employer knows to have provided the employer with a 1 social security number on any documentation for employment that 2 does not belong to the employee. 3 Sec. 5. NEW SECTION . 91F.3 Enforcement —— penalties. 4 1. The department shall enforce this chapter. 5 2. An employer who violates section 91F.2 shall be subject 6 to a civil penalty of ten thousand dollars to be collected by 7 the department. 8 3. For a fourth or subsequent violation of subsection 91F.2, 9 in addition to the civil penalty provided in subsection 1, 10 an employer shall cease operations at the location where the 11 violation occurred until any individual who holds a majority 12 ownership interest in the employer, and all managerial staff 13 at the location, participate in training developed by the 14 department regarding compliance with this chapter. 15 Sec. 6. Section 714.8, Code 2026, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 23. For the purpose of retaining or 18 obtaining employment, or any other thing of value, falsely 19 provides the employer or prospective employer with a social 20 security number that does not belong to that person. 21 NEW SUBSECTION . 24. An employer knowingly providing a 22 potential employee with a fraudulent social security number for 23 the purpose of hiring the potential employee. 24 DIVISION III 25 IMMIGRATION STATUS —— EMPLOYMENT AND LICENSURE 26 Sec. 7. Section 2.11, Code 2026, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 3. a. Each house of the general assembly 29 shall use the e-verify system of the United States citizenship 30 and immigration services to confirm the employment eligibility 31 of newly hired employees. 32 b. An employee may challenge the results of the submission 33 of the employee’s information to the e-verify system of 34 -4- SF 2218.4271 (4) 91 jda/jh 4/ 18

CCS-2218 the United States citizenship and immigration services by 1 submitting a challenge, including documentation proving that 2 the results are incorrect, to the legislative council within 3 ten calendar days of receipt of the results. The legislative 4 council shall review the challenge and communicate the results 5 of the appeal to the employee and the appropriate house of the 6 general assembly as soon as practicable. 7 c. Each house of the general assembly shall transmit the 8 results of the e-verify system check to the United States 9 immigration and customs enforcement and other appropriate 10 federal immigration agencies if the check shows that the 11 subject of the check does not have legal status to be present 12 in the United States after the completion of an appeal pursuant 13 to paragraph “b” , if applicable. 14 Sec. 8. Section 2A.2, subsection 2, Code 2026, is amended by 15 adding the following new paragraph: 16 NEW PARAGRAPH . 0i. (1) Use the e-verify system of the 17 United States citizenship and immigration services to confirm 18 the employment eligibility of newly hired employees. 19 (2) An employee may challenge the results of the submission 20 of the employee’s information to the e-verify system of 21 the United States citizenship and immigration services by 22 submitting a challenge, including documentation proving that 23 the results are incorrect, to the legislative council within 24 ten calendar days of receipt of the results. The legislative 25 council shall review the challenge and communicate the results 26 of the appeal to the employee and the director as soon as 27 practicable. 28 (3) The director shall transmit the results of the e-verify 29 system check to the United States immigration and customs 30 enforcement and other appropriate federal immigration agencies 31 if the check shows that the subject of the check does not 32 have legal status to be present in the United States after 33 the completion of an appeal pursuant to subparagraph (2), if 34 -5- SF 2218.4271 (4) 91 jda/jh 5/ 18

CCS-2218 applicable. 1 Sec. 9. Section 2C.4, Code 2026, is amended to read as 2 follows: 3 2C.4 Citizen of United States and resident of Iowa. 4 1. The ombudsman shall be a citizen of the United States 5 and a resident of the state of Iowa, and shall be qualified to 6 analyze problems of law, administration, and public policy. 7 2. a. The ombudsman shall use the e-verify system of the 8 United States citizenship and immigration services to confirm 9 the employment eligibility of newly hired employees. 10 b. An employee may challenge the results of the submission 11 of the employee’s information to the e-verify system of 12 the United States citizenship and immigration services by 13 submitting a challenge, including documentation proving that 14 the results are incorrect, to the legislative council within 15 ten calendar days of receipt of the results. The legislative 16 council shall review the challenge and communicate the results 17 of the appeal to the employee and the ombudsman as soon as 18 practicable. 19 c. The ombudsman shall transmit the results of the e-verify 20 system check to the United States immigration and customs 21 enforcement and other appropriate federal immigration agencies 22 if the check shows that the subject of the check does not 23 have legal status to be present in the United States after 24 the completion of an appeal pursuant to paragraph “b” , if 25 applicable . 26 Sec. 10. Section 7E.3, Code 2026, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 6. Verification of United States citizenship 29 and immigration status. Use the e-verify system of the United 30 States citizenship and immigration services to confirm the 31 employment eligibility of newly hired employees. The head of 32 the department or agency shall transmit the results of the 33 e-verify system check to the United States immigration and 34 -6- SF 2218.4271 (4) 91 jda/jh 6/ 18

CCS-2218 customs enforcement and other appropriate federal immigration 1 agencies if the check shows that the subject of the check does 2 not have legal status to be present in the United States after 3 the completion of an appeal pursuant to section 10A.114, if 4 applicable. 5 Sec. 11. Section 10A.101, Code 2026, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 4. “SAVE program” means the systematic 8 alien verification for entitlements system of the United 9 States department of homeland security and the United States 10 citizenship and immigration services. 11 Sec. 12. NEW SECTION . 10A.113 SAVE program clearinghouse. 12 1. There is created within the department a SAVE program 13 clearinghouse, which shall serve as the central entity to 14 process requests to verify, using the SAVE program, the United 15 States citizenship and immigration status of an individual 16 who has applied for a professional license in this state. 17 The department shall adopt rules pursuant to chapter 17A to 18 implement this section. 19 2. The department shall transmit the results of a SAVE 20 program clearinghouse check to the United States immigration 21 and customs enforcement and other appropriate federal 22 immigration agencies if the check shows that the subject of the 23 check does not have legal status to be present in the United 24 States after the completion of an appeal pursuant to section 25 10A.114, if applicable. 26 Sec. 13. NEW SECTION . 10A.114 Citizenship and immigration 27 status —— appeal. 28 1. The department shall adopt rules pursuant to chapter 29 17A to allow an employee of a school district, an accredited 30 nonpublic school, a charter school, an innovation zone school, 31 a city, a county, or the executive branch including the state 32 board of regents and each institution of higher education 33 governed by the board, or a person who has applied for a 34 -7- SF 2218.4271 (4) 91 jda/jh 7/ 18

CCS-2218 professional license in this state, to challenge the results of 1 the submission of the person’s information to the SAVE program 2 or the e-verify system of the United States citizenship and 3 immigration services with the department. 4 2. A person must submit a challenge pursuant to subsection 1 5 and documentation proving that the results are incorrect within 6 ten calendar days of receipt of the results. 7 3. The department shall review a challenge submitted 8 pursuant to subsection 1 and communicate the results of the 9 appeal to the person who submitted the challenge and the hiring 10 authority or licensing board, as applicable, within seven 11 calendar days of receipt of the challenge. The decision of the 12 department is final agency action pursuant to chapter 17A. 13 Sec. 14. Section 10A.506, Code 2026, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 13. a. The licensing and regulation 16 examining boards included in the department pursuant to 17 subsection 1 shall use the SAVE program clearinghouse created 18 within the department pursuant to section 10A.113 to verify 19 the United States citizenship and immigration status of an 20 individual who has applied for a professional license from the 21 board. 22 b. A denial of an application for a professional license due 23 to the results of the SAVE program clearinghouse check shall 24 be appealed to the director and the director’s decision shall 25 constitute final agency action. 26 Sec. 15. Section 256E.7, subsection 2, Code 2026, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . 0w. Be subject to and comply with the 29 requirements of section 280.37 relating to the verification of 30 the employment eligibility of newly hired employees in the same 31 manner as a school district. 32 Sec. 16. Section 256F.4, subsection 2, Code 2026, is amended 33 by adding the following new paragraph: 34 -8- SF 2218.4271 (4) 91 jda/jh 8/ 18

CCS-2218 NEW PARAGRAPH . v. Be subject to and comply with the 1 requirements of section 280.37 relating to the verification of 2 the employment eligibility of newly hired employees in the same 3 manner as a school district. 4 Sec. 17. NEW SECTION . 262.9E Verification of citizenship 5 and immigration status. 6 1. The state board of regents and each institution of higher 7 education governed by the board shall use the e-verify system 8 of the United States citizenship and immigration services to 9 confirm the employment eligibility of newly hired employees. 10 2. The state board of regents and each institution of higher 11 education governed by the board shall transmit the results of 12 the e-verify system check to the United States immigration and 13 customs enforcement and other appropriate federal immigration 14 agencies if the check shows that the subject of the check does 15 not have legal status to be present in the United States after 16 the completion of an appeal pursuant to section 10A.114, if 17 applicable. 18 Sec. 18. Section 272C.1, Code 2026, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 11. “SAVE program clearinghouse” means 21 the SAVE program clearinghouse created within the department 22 of inspections, appeals, and licensing pursuant to section 23 10A.113. 24 Sec. 19. Section 272C.4, Code 2026, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 11. Use the SAVE program clearinghouse to 27 confirm the United States citizenship and immigration status of 28 an individual who has applied for a professional license from 29 the board. 30 Sec. 20. Section 272C.10, Code 2026, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 9. For a license deemed a professional 33 license by the licensing board, unlawful presence in the United 34 -9- SF 2218.4271 (4) 91 jda/jh 9/ 18

CCS-2218 States, as determined by using the SAVE program clearinghouse. 1 Sec. 21. NEW SECTION . 272C.15A Disqualifications for 2 unlawful presence. 3 A licensing board established after January 1, 1978, and 4 pursuant to the provisions of this chapter, shall not issue or 5 renew a professional license to an individual who the licensing 6 board is unable to verify is lawfully present in the United 7 States, as determined by using the SAVE program clearinghouse. 8 Sec. 22. NEW SECTION . 280.37 Verification of citizenship 9 and immigration status. 10 1. The board of directors of each school district and the 11 authorities in charge of each accredited nonpublic school shall 12 use the e-verify system of the United States citizenship and 13 immigration services to confirm the employment eligibility of 14 newly hired employees. 15 2. The board of directors of each school district and the 16 authorities in charge of each accredited nonpublic school 17 shall transmit the results of the e-verify system check to the 18 United States immigration and customs enforcement and other 19 appropriate federal immigration agencies if the check shows 20 that the subject of the check does not have legal status to be 21 present in the United States after the completion of an appeal 22 pursuant to section 10A.114, if applicable. 23 Sec. 23. Section 331.324, subsection 1, Code 2026, is 24 amended by adding the following new paragraph: 25 NEW PARAGRAPH . 0p. Use the e-verify system of the United 26 States citizenship and immigration services to confirm the 27 employment eligibility of newly hired employees. The board 28 shall transmit the results of the e-verify system check to the 29 United States immigration and customs enforcement and other 30 appropriate federal immigration agencies if the check shows 31 that the subject of the check does not have legal status to be 32 present in the United States after the completion of an appeal 33 pursuant to section 10A.114, if applicable. 34 -10- SF 2218.4271 (4) 91 jda/jh 10/ 18

CCS-2218 Sec. 24. NEW SECTION . 364.26 Verification of citizenship 1 and immigration status. 2 A city shall use the e-verify system of the United States 3 citizenship and immigration services to confirm the employment 4 eligibility of newly hired employees. A city shall transmit 5 the results of the e-verify system check to the United States 6 immigration and customs enforcement and other appropriate 7 federal immigration agencies if the check shows that the 8 subject of the check does not have legal status to be present 9 in the United States after the completion of an appeal pursuant 10 to section 10A.114, if applicable. 11 DIVISION IV 12 VOTER REGISTRATION —— UNAUTHORIZED ALIENS 13 Sec. 25. Section 39A.2, subsection 1, paragraph a, 14 subparagraph (2), Code 2026, is amended to read as follows: 15 (2) Falsely swears to an oath required pursuant to section 16 48A.7A or 48A.11 . 17 Sec. 26. Section 48A.2, Code 2026, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 4A. “Unauthorized alien” means a person 20 who is unlawfully present in the United States under the 21 federal Immigration and Nationality Act, 8 U.S.C. §1101 et 22 seq., as modified by applicable federal statutes, rules, and 23 regulations. 24 Sec. 27. Section 48A.6, Code 2026, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 3. A person who is an unauthorized alien. 27 Sec. 28. Section 48A.11, Code 2026, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 9. Each voter registration form shall 30 include the following oath: 31 By submitting this form, I do solemnly swear and affirm that 32 I am qualified to register to vote under the Constitution and 33 laws of the State of Iowa, and that all information provided in 34 -11- SF 2218.4271 (4) 91 jda/jh 11/ 18

CCS-2218 my voter registration application is true. I have carefully 1 reviewed the instructions for completing the Iowa voter 2 registration application, and I further swear or affirm that 3 I am a United States citizen. I understand that if I have 4 provided false information on my voter registration application 5 that I could be subject to criminal penalties for perjury and 6 that I may be fined, imprisoned, or, if not a United States 7 citizen, deported from or refused entry into the United States. 8 Sec. 29. NEW SECTION . 48A.25B Verification of citizenship. 9 1. a. The state registrar of voters shall attempt to verify 10 all registered voters’ United States citizenship using the 11 systematic alien verification for entitlements system of the 12 United States citizenship and immigration services, or its 13 successor agency. The state registrar of voters shall provide 14 notice to each county commissioner of registration of the 15 results of the citizenship verification for each registrant in 16 the county commissioner’s county. 17 b. Upon receipt of a notification that a registrant has not 18 been verified as a United States citizen, a county commissioner 19 of registration shall designate the records of the registrant 20 as unconfirmed as provided in section 48A.37, subsection 2. 21 2. A county commissioner of registration shall send notice 22 to a registrant whose record has been designated as unconfirmed 23 pursuant to subsection 1 that includes all of the following: 24 a. An opportunity for the registrant to cancel the 25 registrant’s voter registration. 26 b. Instructions on how the registrant can provide proof of 27 citizenship to the county commissioner of registration. 28 c. Information on how to contact the United States 29 citizenship and immigration services, or its successor 30 agency, to correct information that the registrant believes is 31 inaccurate. 32 3. A registration that has been designated as unconfirmed 33 pursuant to subsection 1 shall be canceled pursuant to section 34 -12- SF 2218.4271 (4) 91 jda/jh 12/ 18

CCS-2218 48A.30 if the registrant does not provide proof of citizenship 1 within ninety days of receiving a notice sent pursuant to 2 subsection 2. 3 4. The state registrar of voters shall, on a monthly basis, 4 verify the United States citizenship of all newly registered 5 voters as provided in subsection 1 and shall, on an annual 6 basis, verify the United States citizenship of all registered 7 voters as provided in subsection 1. 8 5. The state registrar of voters shall adopt rules pursuant 9 to chapter 17A to administer this section. 10 Sec. 30. NEW SECTION . 802.2H Election misconduct in the 11 first degree. 12 An information or indictment for election misconduct in 13 the first degree in violation of section 39A.2 shall be found 14 within five years after the commission of the offense. 15 Sec. 31. Section 802.3, Code 2026, is amended to read as 16 follows: 17 802.3 Felony —— aggravated or serious misdemeanor. 18 In all cases, except those enumerated in section 802.1 , 19 802.2 , 802.2A , 802.2B , 802.2C , 802.2D , 802.2E , 802.2F , 802.2G , 20 802.2H, or 802.10 , an indictment or information for a felony or 21 aggravated or serious misdemeanor shall be found within three 22 years after its commission. 23 DIVISION V 24 PRETRIAL DETENTION 25 Sec. 32. Section 811.1, subsection 1, Code 2026, is amended 26 by adding the following new paragraphs: 27 NEW PARAGRAPH . 0d. “Forcible felony” means the same as 28 defined in section 702.11. 29 NEW PARAGRAPH . 00d. “Indictable offense” means the same as 30 defined in section 801.4. 31 NEW PARAGRAPH . e. “Unauthorized alien” means a person 32 who is unlawfully present in the United States according to 33 the terms of the federal Immigration and Nationality Act, 8 34 -13- SF 2218.4271 (4) 91 jda/jh 13/ 18

CCS-2218 U.S.C. §1101 et seq. “Unauthorized alien” shall be interpreted 1 consistently with any applicable federal statutes, rules, or 2 regulations. 3 Sec. 33. Section 811.1, subsection 2, unnumbered paragraph 4 1, Code 2026, is amended to read as follows: 5 All Except as provided in subsection 3, all defendants 6 are bailable both before and after conviction, by sufficient 7 surety, or subject to release upon condition or on their own 8 recognizance, except that the following defendants shall not be 9 admitted to bail: 10 Sec. 34. Section 811.1, Code 2026, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3. a. Notwithstanding subsection 2, 13 all defendants are bailable before conviction, by sufficient 14 surety, or subject to release upon conditions or on their own 15 recognizance, except when the offense is for a forcible felony. 16 A charge for a forcible felony creates a rebuttable presumption 17 that the person is dangerous and that there is not a sufficient 18 surety or condition of release that will reasonably assure 19 the personal safety of another person or persons. If a court 20 determines that there is probable cause to believe that the 21 defendant committed a forcible felony, then the defendant shall 22 be detained without bail. The prosecuting attorney, or the 23 court on its own motion, must move for pretrial detention. 24 The defendant may rebut the presumption by demonstrating, by 25 a preponderance of the evidence, that adequate conditions of 26 release will reasonably assure the personal safety of another 27 person or persons. 28 b. It shall be presumed that there are not sufficient 29 sureties or conditions of release that will secure the 30 appearance at trial of an unauthorized alien for an indictable 31 offense. If a court determines that there is probable cause to 32 believe that the defendant committed an indictable offense and 33 the court further determines by a preponderance of the evidence 34 -14- SF 2218.4271 (4) 91 jda/jh 14/ 18

CCS-2218 that the defendant is an unauthorized alien, the prosecuting 1 attorney, or the court on its own motion, shall move for 2 pretrial detention. The defendant may rebut the presumption 3 by demonstrating, by a preponderance of the evidence, that 4 adequate conditions of release will secure the appearance of 5 the defendant at trial. 6 DIVISION VI 7 SEVERABILITY 8 Sec. 35. SEVERABILITY AND CONTINGENT IMPLEMENTATION. 9 1. If any provision of this Act or its application to any 10 person or circumstance is held invalid by a court of competent 11 jurisdiction, the invalidity does not affect other provisions 12 or applications of this Act which can be given effect without 13 the invalid provision or application. To this end, the 14 provisions of this Act are severable. 15 2. Notwithstanding subsection 1, if any provision 16 of division III of this Act relating to employment and 17 professional licensure verification is held invalid, the 18 remaining provisions of division III shall continue in effect. 19 The invalidation of provisions in division I or II of this 20 Act shall not affect the validity or enforceability of any 21 provision in division III. 22 3. a. The requirements of this Act shall be suspended 23 during any of the following periods in which the federal 24 government: 25 (1) Does not provide this state or its political 26 subdivisions access to the e-verify system of the United States 27 citizenship and immigration services. 28 (2) Does not provide this state access to the systematic 29 alien verification for entitlements system of the United 30 States department of homeland security and the United States 31 citizenship and immigration services. 32 (3) Ceases to fund or operate the e-verify system or the 33 systematic alien verification for entitlements system. 34 -15- SF 2218.4271 (4) 91 jda/jh 15/ 18

CCS-2218 (4) Terminates any memorandum of understanding, 1 intergovernmental service agreement, or other authorization 2 that permits this state to access such federal verification 3 systems. 4 b. Upon restoration of access to such federal verification 5 systems, the requirements of this Act shall resume effect 6 automatically without further legislative action. 7 c. During any period of suspension under this subsection, no 8 state or local government entity, or employee thereof, shall be 9 subject to civil or criminal liability for noncompliance with 10 the suspended requirements of this Act. 11 4. If any provision of this Act requiring transmission of 12 information to federal immigration enforcement agencies is held 13 invalid, such invalidity shall not affect any of the following: 14 a. The requirement to conduct employment eligibility 15 verification using the e-verify system. 16 b. The requirement to conduct citizenship and immigration 17 status verification using the systematic alien verification for 18 entitlements system. 19 c. The appeal process established in section 10A.114, as 20 enacted by division III of this Act, which shall remain in 21 effect for challenges to verification results. 22 d. Any other provision of this Act not dependent upon such 23 information transmission. 24 5. a. If any provision of this Act is enjoined by a federal 25 court, and such injunction creates a conflict between the 26 federal court order and state law requirements for political 27 subdivisions, including cities, counties, or school districts, 28 the injunction shall suspend the conflicting state law 29 requirements for such entities during the pendency of the 30 injunction. 31 b. No political subdivision, including a city, county, 32 or school district, or employee thereof, shall be subject to 33 civil or criminal penalty under state law for compliance with a 34 -16- SF 2218.4271 (4) 91 jda/jh 16/ 18

CCS-2218 federal court injunction that conflicts with requirements of 1 this Act. 2 c. If a federal court enjoins specific provisions of 3 this Act that are applicable to political subdivisions while 4 leaving state agency requirements in effect, the state agency 5 requirements shall continue to operate independently. 6 6. Each division of this Act shall be construed as 7 independent legislation. The invalidation of any provision 8 in division II or division III shall not affect the validity, 9 implementation, or enforcement of any provision in division I. 10 The invalidation of division I shall not affect divisions II or 11 III. The invalidation of division II shall not affect division 12 I or III. 13 7. If any aspect of the appeal process established in 14 section 10A.114, as enacted by division III of this Act, is 15 held invalid, the remaining procedural protections shall 16 continue in effect. If the timeline established in section 17 10A.114 is held invalid, challenges shall be processed under 18 the default administrative procedures of chapter 17A until 19 alternative procedures are established by rule. 20 8. Courts shall construe any invalidity as narrowly as 21 possible to preserve maximum effect for the remaining valid 22 provisions. No provision shall be held invalid based solely 23 on its association with invalid provisions if it can operate 24 independently. > 25 2. Title page, by striking lines 1 through 5 and inserting 26 < An Act relating to state regulatory compliance and eligibility 27 requirements, including by modifying provisions related to 28 the verification of the identity and employment eligibility 29 of individuals by the board of educational examiners, school 30 districts, accredited nonpublic schools, charter schools, 31 and innovation zone schools; the provision of a false social 32 security number to an employer, prospective employer, or a 33 potential employee; qualifications for employment, professional 34 -17- SF 2218.4271 (4) 91 jda/jh 17/ 18

CCS-2218 licensure, voter registration, and bail; making penalties 35 applicable; and including applicability provisions. > 36 ON THE PART OF THE SENATE: ______________________________ LYNN EVANS, CHAIRPERSON ______________________________ KERRY GRUENHAGEN ______________________________ KEN ROZENBOOM ON THE PART OF THE HOUSE: ______________________________ BROOKE BODEN, CHAIRPERSON ______________________________ STEVEN HOLT ______________________________ CHARLEY THOMSON -18- SF 2218.4271 (4) 91 jda/jh 18/ 18