H-8119

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

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B. MEYER of Polk