House
File
2608
H-8119
Amend
House
File
2608
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
NEW
SECTION
.
95.1
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Department”
means
the
department
of
workforce
7
development.
8
2.
“Employee”
means
an
individual
who
is
paid
wages
by
an
9
employer
for
service
in
employment
in
this
state.
“Employee”
10
does
not
include
an
independent
contractor.
11
3.
“Employer”
means
an
employer
as
defined
in
section
96.1A.
12
In
the
case
of
an
independent
contractor,
“employer”
means
13
the
independent
contractor
and
does
not
mean
the
person
or
14
organization
that
uses
the
contract
labor.
15
4.
“Employment”
means
the
same
as
defined
in
section
96.1A.
16
5.
“E-verify
program”
means
the
employment
verification
17
program
as
jointly
administered
by
the
United
States
department
18
of
homeland
security
and
the
United
States
social
security
19
administration
or
any
successor
program.
20
6.
“Independent
contractor”
means
the
same
as
described
in
21
rules
adopted
by
the
department
for
purposes
of
administration
22
of
chapter
96.
23
7.
“Wages”
means
the
same
as
defined
in
section
96.1A.
24
Sec.
2.
NEW
SECTION
.
95.2
E-verify
program
——
employee
25
verification
——
penalty.
26
1.
An
employer,
after
hiring
or
rehiring
an
employee,
shall
27
verify
the
employment
eligibility
of
the
employee
through
the
28
e-verify
program.
A
person
who
violates
this
subsection
is
29
guilty
of
a
class
“D”
felony.
30
2.
An
employer
shall
certify
to
the
department
each
31
verification
the
employee
carries
out
pursuant
to
subsection
1,
32
and
shall
keep
a
record
of
the
verification
for
the
duration
of
33
the
employee’s
employment
or
at
least
three
years,
whichever
34
is
longer.
The
certification
shall
be
considered
a
record
35
-1-
HF
2608.3116
(2)
91
ss/ns
1/
2
#1.
under
section
96.11,
subsection
6,
and
rules
adopted
pursuant
1
thereto,
and
shall
be
submitted
to
the
department
within
the
2
time
period
required
by
rule
for
an
employer
to
submit
the
3
employer’s
contribution
and
payroll
report.
4
3.
Every
three
months,
the
secretary
of
state
shall
request
5
from
the
United
States
department
of
homeland
security
a
6
list
of
employers
from
this
state
that
are
registered
with
7
the
e-verify
program.
On
receipt
of
the
list
of
employers,
8
the
secretary
of
state
shall
make
the
list
available
on
the
9
secretary
of
state’s
internet
site.
10
Sec.
3.
NEW
SECTION
.
95.3
Compliance
with
federal
and
state
11
law.
12
This
chapter
shall
not
be
construed
to
require
an
employer
to
13
take
any
action
that
the
employer
believes
in
good
faith
would
14
violate
federal
or
state
law.
15
Sec.
4.
NEW
SECTION
.
95.4
Rules.
16
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
17
administer
this
chapter.
18
Sec.
5.
NEW
SECTION
.
95.5
Use
of
federal
funds
by
19
department
prohibited.
20
The
department
shall
not
utilize
federal
funds,
or
personnel
21
or
any
other
department
resources
for
which
federal
funding
22
is
allocated,
to
carry
out
the
department’s
duties
under
this
23
chapter.
>
24
2.
Title
page,
by
striking
lines
1
through
4
and
inserting
25
<
An
Act
requiring
verification
of
employment
eligibility
of
26
individuals
by
employers
and
providing
penalties.
>
27
______________________________
B.
MEYER
of
Polk
-2-
HF
2608.3116
(2)
91
ss/ns
2/
2
#2.