Senate
File
2412
H-8130
Amend
Senate
File
2412,
as
amended,
passed,
and
reprinted
by
1
the
Senate,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
and
3
inserting:
4
<
DIVISION
I
5
IMMIGRATION
STATUS
——
STATE
EMPLOYMENT
AND
LICENSURE
6
Section
1.
Section
7E.3,
Code
2026,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
6.
Verification
of
United
States
citizenship
9
and
immigration
status.
Use
the
e-verify
system
of
the
United
10
States
citizenship
and
immigration
services
to
confirm
the
11
employment
eligibility
of
newly
hired
employees.
12
Sec.
2.
Section
10A.101,
Code
2026,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
4.
“SAVE
program”
means
the
systematic
15
alien
verification
for
entitlements
system
of
the
United
16
States
department
of
homeland
security
and
the
United
States
17
citizenship
and
immigration
services.
18
Sec.
3.
NEW
SECTION
.
10A.113
SAVE
program
clearinghouse.
19
There
is
created
within
the
department
a
SAVE
program
20
clearinghouse,
which
shall
serve
as
the
central
entity
to
21
process
requests
to
verify,
using
the
SAVE
program,
the
United
22
States
citizenship
and
immigration
status
of
an
individual
23
who
has
applied
for
a
professional
license
in
this
state.
24
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
25
implement
this
section.
26
Sec.
4.
Section
10A.506,
Code
2026,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
13.
a.
The
licensing
and
regulation
29
examining
boards
included
in
the
department
pursuant
to
30
subsection
1
shall
use
the
SAVE
program
clearinghouse
created
31
within
the
department
pursuant
to
section
10A.113
to
verify
32
the
United
States
citizenship
and
immigration
status
of
an
33
individual
who
has
applied
for
a
professional
license
from
the
34
board.
35
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#1.
b.
A
denial
of
an
application
for
a
professional
license
due
1
to
the
results
of
the
SAVE
program
clearinghouse
check
shall
2
be
appealed
to
the
director
and
the
director’s
decision
shall
3
constitute
final
agency
action.
4
Sec.
5.
NEW
SECTION
.
262.9E
Verification
of
citizenship
and
5
immigration
status.
6
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
Sec.
6.
Section
272C.1,
Code
2026,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
11.
“SAVE
program
clearinghouse”
means
13
the
SAVE
program
clearinghouse
created
within
the
department
14
of
inspections,
appeals,
and
licensing
pursuant
to
section
15
10A.113.
16
Sec.
7.
Section
272C.4,
Code
2026,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
11.
Use
the
SAVE
program
clearinghouse
to
19
confirm
the
United
States
citizenship
and
immigration
status
of
20
an
individual
who
has
applied
for
a
professional
license
from
21
the
board.
22
Sec.
8.
Section
272C.10,
Code
2026,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
9.
For
a
license
deemed
a
professional
25
license
by
the
licensing
board,
unlawful
presence
in
the
United
26
States,
as
determined
by
using
the
SAVE
program
clearinghouse.
27
Sec.
9.
NEW
SECTION
.
272C.15A
Disqualifications
for
28
unlawful
presence.
29
A
licensing
board
established
after
January
1,
1978,
and
30
pursuant
to
the
provisions
of
this
chapter,
shall
not
issue
or
31
renew
a
professional
license
to
an
individual
who
the
licensing
32
board
is
unable
to
verify
is
lawfully
present
in
the
United
33
States,
as
determined
by
using
the
SAVE
program
clearinghouse.
34
DIVISION
II
35
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VOTER
REGISTRATION
——
UNAUTHORIZED
ALIENS
1
Sec.
10.
Section
39A.2,
subsection
1,
paragraph
a,
2
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
3
(2)
Falsely
swears
to
an
oath
required
pursuant
to
section
4
48A.7A
or
48A.11
.
5
Sec.
11.
Section
48A.2,
Code
2026,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
4A.
“Unauthorized
alien”
means
a
person
8
who
is
unlawfully
present
in
the
United
States
under
the
9
federal
Immigration
and
Nationality
Act,
8
U.S.C.
§1101
et
10
seq.,
as
modified
by
applicable
federal
statutes,
rules,
and
11
regulations.
12
Sec.
12.
Section
48A.6,
Code
2026,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
3.
A
person
who
is
an
unauthorized
alien.
15
Sec.
13.
Section
48A.11,
Code
2026,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
9.
Each
voter
registration
form
shall
18
include
the
following
oath:
19
By
submitting
this
form,
I
do
solemnly
swear
and
affirm
that
I
20
will
protect
and
defend
the
Constitution
of
the
United
States
21
and
the
Constitution
of
the
State
of
Iowa,
that
I
am
qualified
22
to
register
to
vote
under
the
Constitution
and
laws
of
the
23
State
of
Iowa,
and
that
all
information
provided
in
my
voter
24
registration
application
is
true.
I
have
carefully
reviewed
25
the
instructions
for
completing
the
Iowa
voter
registration
26
application,
and
I
further
swear
or
affirm
that
I
am
a
United
27
States
citizen.
I
understand
that
if
I
have
provided
false
28
information
on
my
voter
registration
application
that
I
could
29
be
subject
to
criminal
penalties
for
perjury
and
that
I
may
be
30
fined,
imprisoned,
or,
if
not
a
United
States
citizen,
deported
31
from
or
refused
entry
into
the
United
States.
32
Sec.
14.
NEW
SECTION
.
802.2H
Election
misconduct
in
the
33
first
degree.
34
An
information
or
indictment
for
election
misconduct
in
35
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the
first
degree
in
violation
of
section
39A.2
shall
be
found
1
within
five
years
after
the
commission
of
the
offense.
2
Sec.
15.
Section
802.3,
Code
2026,
is
amended
to
read
as
3
follows:
4
802.3
Felony
——
aggravated
or
serious
misdemeanor.
5
In
all
cases,
except
those
enumerated
in
section
802.1
,
6
802.2
,
802.2A
,
802.2B
,
802.2C
,
802.2D
,
802.2E
,
802.2F
,
802.2G
,
7
802.2H,
or
802.10
,
an
indictment
or
information
for
a
felony
or
8
aggravated
or
serious
misdemeanor
shall
be
found
within
three
9
years
after
its
commission.
10
DIVISION
III
11
PRETRIAL
DETENTION
12
Sec.
16.
Section
811.1,
subsection
1,
Code
2026,
is
amended
13
by
adding
the
following
new
paragraphs:
14
NEW
PARAGRAPH
.
0d.
“Forcible
felony”
means
the
same
as
15
defined
in
section
702.11.
16
NEW
PARAGRAPH
.
00d.
“Indictable
offense”
means
the
same
as
17
defined
in
section
801.4.
18
NEW
PARAGRAPH
.
e.
“Unauthorized
alien”
means
a
person
19
who
is
unlawfully
present
in
the
United
States
according
to
20
the
terms
of
the
federal
Immigration
and
Nationality
Act,
8
21
U.S.C.
§1101
et
seq.
“Unauthorized
alien”
shall
be
interpreted
22
consistently
with
any
applicable
federal
statutes,
rules,
or
23
regulations.
24
Sec.
17.
Section
811.1,
subsection
2,
unnumbered
paragraph
25
1,
Code
2026,
is
amended
to
read
as
follows:
26
All
Except
as
provided
in
subsection
3,
all
defendants
27
are
bailable
both
before
and
after
conviction,
by
sufficient
28
surety,
or
subject
to
release
upon
condition
or
on
their
own
29
recognizance,
except
that
the
following
defendants
shall
not
be
30
admitted
to
bail:
31
Sec.
18.
Section
811.1,
Code
2026,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
3.
a.
Notwithstanding
subsection
2,
34
all
defendants
are
bailable
before
conviction,
by
sufficient
35
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surety,
or
subject
to
release
upon
conditions
or
on
their
own
1
recognizance,
except
when
the
offense
is
for
a
forcible
felony.
2
A
charge
for
a
forcible
felony
creates
a
rebuttable
presumption
3
that
the
person
is
dangerous
and
that
there
is
not
a
sufficient
4
surety
or
condition
of
release
that
will
reasonably
assure
5
the
personal
safety
of
another
person
or
persons.
If
a
court
6
determines
that
there
is
probable
cause
to
believe
that
the
7
defendant
committed
a
forcible
felony,
then
the
defendant
shall
8
be
detained
without
bail.
The
prosecuting
attorney,
or
the
9
court
on
its
own
motion,
must
move
for
pretrial
detention.
10
The
defendant
may
rebut
the
presumption
by
demonstrating,
by
11
a
preponderance
of
the
evidence,
that
adequate
conditions
of
12
release
will
reasonably
assure
the
personal
safety
of
another
13
person
or
persons.
14
b.
It
shall
be
presumed
that
there
are
not
sufficient
15
sureties
or
conditions
of
release
that
will
secure
the
16
appearance
at
trial
of
an
unauthorized
alien
for
an
indictable
17
offense.
If
a
court
determines
that
there
is
probable
cause
to
18
believe
that
the
defendant
committed
an
indictable
offense
and
19
the
court
further
determines
by
a
preponderance
of
the
evidence
20
that
the
defendant
is
an
unauthorized
alien,
the
prosecuting
21
attorney,
or
the
court
on
its
own
motion,
shall
move
for
22
pretrial
detention.
The
defendant
may
rebut
the
presumption
23
by
demonstrating,
by
a
preponderance
of
the
evidence,
that
24
adequate
conditions
of
release
will
secure
the
appearance
of
25
the
defendant
at
trial.
>
26
2.
Title
page,
by
striking
lines
1
and
2
and
inserting
27
<
An
Act
relating
to
qualifications
for
certain
rights
and
28
privileges
prescribed
by
the
state,
including
state
employment,
29
professional
licensure,
voter
registration,
and
bail,
and
30
making
penalties
applicable.
>
31
______________________________
THOMSON
of
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#2.