Senate File 2218 H-8221 Amend the amendment, H-8220, to Senate File 2218, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. By striking page 1, line 1, through page 4, line 28, and 3 inserting: 4 < Amend Senate File 2218, as amended, passed, and reprinted 5 by the Senate, as follows: 6 1. By striking everything after the enacting clause and 7 inserting: 8 < DIVISION I 9 EDUCATION-RELATED PROVISIONS 10 Section 1. Section 256.146, subsection 16, Code 2026, is 11 amended to read as follows: 12 16. a. Adopt rules to require that a background 13 investigation be conducted by the division of criminal 14 investigation of the department of public safety on all initial 15 applicants for licensure. The board shall also require all 16 initial applicants to submit a completed fingerprint packet and 17 shall use the packet to facilitate a national criminal history 18 background check. 19 b. The board shall have access to, and shall review the 20 sex offender registry information under section 692A.121 21 available to the general public, information in the Iowa court 22 information system available to the general public, the central 23 registry for child abuse information established under chapter 24 235A , and the dependent adult abuse records maintained under 25 chapter 235B for information regarding applicants for license 26 renewal and, every five years, for practitioners who are not 27 subject to renewal requirements pursuant to subsection 1 , 28 paragraph “a” , subparagraph (2). The board may charge such 29 a practitioner who is not subject to renewal requirements a 30 reasonable fee for the review of the sex offender registry 31 information, information in the Iowa court information system, 32 the central registry for child abuse information, and the 33 dependent adult abuse records. 34 c. (1) The board shall require all initial applicants for 35 -1- SF 2218.3423.3427 (2) 91 jda/jh 1/ 9 #1.
licensure, including individuals who apply for a license under 1 section 256.152, and all applicants for license renewal, to 2 produce evidence of the applicant’s legal authorization to 3 work in the United States as a condition of initial licensure 4 or license renewal. The board shall accept as proof of an 5 applicant’s legal authorization to work in the United States 6 any of the following: 7 (a) A document that establishes both employment 8 authorization and identity, as described in 8 U.S.C. 9 §1324a(b)(1)(B). 10 (b) A document that evidences employment authorization, 11 as described in 8 U.S.C. §1324a(b)(1)(C), and a document that 12 establishes the identity of the applicant, as described in 8 13 U.S.C. §1324a(b)(1)(D). 14 (2) The board shall require all practitioners who are 15 not subject to renewal requirements pursuant to subsection 16 1, paragraph “a” , subparagraph (2), to produce evidence 17 of the practitioner’s legal authorization to work in the 18 United States every five years as a condition of remaining 19 licensed. The board shall accept as proof of a practitioner’s 20 legal authorization to work in the United States any of the 21 following: 22 (a) A document that establishes both employment 23 authorization and identity, as described in 8 U.S.C. 24 §1324a(b)(1)(B). 25 (b) A document that evidences employment authorization, 26 as described in 8 U.S.C. §1324a(b)(1)(C), and a document that 27 establishes the identity of the practitioner, as described in 8 28 U.S.C. §1324a(b)(1)(D). 29 Sec. 2. Section 256E.7, subsection 2, Code 2026, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . 0w. Be subject to and comply with the 32 requirements of section 280.37 relating to the verification of 33 the identity and employment eligibility of all individuals who 34 have accepted an offer of employment in the same manner as a 35 -2- SF 2218.3423.3427 (2) 91 jda/jh 2/ 9
school district. 1 Sec. 3. Section 256F.4, subsection 2, Code 2026, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . v. Be subject to and comply with the 4 requirements of section 280.37 relating to the verification of 5 the identity and employment eligibility of all individuals who 6 have accepted an offer of employment in the same manner as a 7 school district. 8 Sec. 4. NEW SECTION . 280.37 Verification of identity and 9 eligibility to work in the United States. 10 The board of directors of each school district and the 11 authorities in charge of each accredited nonpublic school 12 shall verify the identity and employment eligibility of 13 all individuals who have accepted an offer of employment in 14 accordance with 8 U.S.C. §1324a. 15 Sec. 5. 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. 6. 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. 7. 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 who the employer knows to have provided the employer with a 35 -3- SF 2218.3423.3427 (2) 91 jda/jh 3/ 9
social security number on any documentation for employment that 1 does not belong to the employee. 2 Sec. 8. NEW SECTION . 91F.3 Enforcement —— penalties. 3 1. The department shall enforce this chapter. 4 2. An employer who violates section 91F.2 shall be subject 5 to a civil penalty of ten thousand dollars to be collected by 6 the department. 7 3. For a fourth or subsequent violation of subsection 91F.2, 8 in addition to the civil penalty provided in subsection 1, 9 an employer shall cease operations at the location where the 10 violation occurred until any individual who holds a majority 11 ownership interest in the employer, and all managerial staff 12 at the location, participate in training developed by the 13 department regarding compliance with this chapter. 14 Sec. 9. Section 714.8, Code 2026, is amended by adding the 15 following new subsections: 16 NEW SUBSECTION . 23. For the purpose of retaining or 17 obtaining employment, or any other thing of value, falsely 18 provides the employer or prospective employer with a social 19 security number that does not belong to that person. 20 NEW SUBSECTION . 24. An employer knowingly providing a 21 potential employee with a fraudulent social security number for 22 the purpose of hiring the potential employee. 23 DIVISION III 24 IMMIGRATION STATUS —— STATE EMPLOYMENT AND LICENSURE 25 Sec. 10. Section 7E.3, Code 2026, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 6. Verification of United States citizenship 28 and immigration status. Use the e-verify system of the United 29 States citizenship and immigration services to confirm the 30 employment eligibility of newly hired employees. 31 Sec. 11. Section 10A.101, Code 2026, is amended by adding 32 the following new subsection: 33 NEW SUBSECTION . 4. “SAVE program” means the systematic 34 alien verification for entitlements system of the United 35 -4- SF 2218.3423.3427 (2) 91 jda/jh 4/ 9
States department of homeland security and the United States 1 citizenship and immigration services. 2 Sec. 12. NEW SECTION . 10A.113 SAVE program clearinghouse. 3 There is created within the department a SAVE program 4 clearinghouse, which shall serve as the central entity to 5 process requests to verify, using the SAVE program, the United 6 States citizenship and immigration status of an individual 7 who has applied for a professional license in this state. 8 The department shall adopt rules pursuant to chapter 17A to 9 implement this section. 10 Sec. 13. Section 10A.506, Code 2026, is amended by adding 11 the following new subsection: 12 NEW SUBSECTION . 13. a. The licensing and regulation 13 examining boards included in the department pursuant to 14 subsection 1 shall use the SAVE program clearinghouse created 15 within the department pursuant to section 10A.113 to verify 16 the United States citizenship and immigration status of an 17 individual who has applied for a professional license from the 18 board. 19 b. A denial of an application for a professional license due 20 to the results of the SAVE program clearinghouse check shall 21 be appealed to the director and the director’s decision shall 22 constitute final agency action. 23 Sec. 14. NEW SECTION . 262.9E Verification of citizenship 24 and immigration status. 25 The state board of regents and each institution of higher 26 education governed by the board shall use the e-verify system 27 of the United States citizenship and immigration services to 28 confirm the employment eligibility of newly hired employees. 29 Sec. 15. Section 272C.1, Code 2026, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 11. “SAVE program clearinghouse” means 32 the SAVE program clearinghouse created within the department 33 of inspections, appeals, and licensing pursuant to section 34 10A.113. 35 -5- SF 2218.3423.3427 (2) 91 jda/jh 5/ 9
Sec. 16. Section 272C.4, Code 2026, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 11. Use the SAVE program clearinghouse to 3 confirm the United States citizenship and immigration status of 4 an individual who has applied for a professional license from 5 the board. 6 Sec. 17. Section 272C.10, Code 2026, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 9. For a license deemed a professional 9 license by the licensing board, unlawful presence in the United 10 States, as determined by using the SAVE program clearinghouse. 11 Sec. 18. NEW SECTION . 272C.15A Disqualifications for 12 unlawful presence. 13 A licensing board established after January 1, 1978, and 14 pursuant to the provisions of this chapter, shall not issue or 15 renew a professional license to an individual who the licensing 16 board is unable to verify is lawfully present in the United 17 States, as determined by using the SAVE program clearinghouse. 18 DIVISION IV 19 VOTER REGISTRATION —— UNAUTHORIZED ALIENS 20 Sec. 19. Section 39A.2, subsection 1, paragraph a, 21 subparagraph (2), Code 2026, is amended to read as follows: 22 (2) Falsely swears to an oath required pursuant to section 23 48A.7A or 48A.11 . 24 Sec. 20. Section 48A.2, Code 2026, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 4A. “Unauthorized alien” means a person 27 who is unlawfully present in the United States under the 28 federal Immigration and Nationality Act, 8 U.S.C. §1101 et 29 seq., as modified by applicable federal statutes, rules, and 30 regulations. 31 Sec. 21. Section 48A.6, Code 2026, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 3. A person who is an unauthorized alien. 34 Sec. 22. Section 48A.11, Code 2026, is amended by adding the 35 -6- SF 2218.3423.3427 (2) 91 jda/jh 6/ 9
following new subsection: 1 NEW SUBSECTION . 9. Each voter registration form shall 2 include the following oath: 3 By submitting this form, I do solemnly swear and affirm that 4 I am qualified to register to vote under the Constitution and 5 laws of the State of Iowa, and that all information provided in 6 my voter registration application is true. I have carefully 7 reviewed the instructions for completing the Iowa voter 8 registration application, and I further swear or affirm that 9 I am a United States citizen. I understand that if I have 10 provided false information on my voter registration application 11 that I could be subject to criminal penalties for perjury and 12 that I may be fined, imprisoned, or, if not a United States 13 citizen, deported from or refused entry into the United States. 14 Sec. 23. NEW SECTION . 802.2H Election misconduct in the 15 first degree. 16 An information or indictment for election misconduct in 17 the first degree in violation of section 39A.2 shall be found 18 within five years after the commission of the offense. 19 Sec. 24. Section 802.3, Code 2026, is amended to read as 20 follows: 21 802.3 Felony —— aggravated or serious misdemeanor. 22 In all cases, except those enumerated in section 802.1 , 23 802.2 , 802.2A , 802.2B , 802.2C , 802.2D , 802.2E , 802.2F , 802.2G , 24 802.2H, or 802.10 , an indictment or information for a felony or 25 aggravated or serious misdemeanor shall be found within three 26 years after its commission. 27 DIVISION V 28 PRETRIAL DETENTION 29 Sec. 25. Section 811.1, subsection 1, Code 2026, is amended 30 by adding the following new paragraphs: 31 NEW PARAGRAPH . 0d. “Forcible felony” means the same as 32 defined in section 702.11. 33 NEW PARAGRAPH . 00d. “Indictable offense” means the same as 34 defined in section 801.4. 35 -7- SF 2218.3423.3427 (2) 91 jda/jh 7/ 9
NEW PARAGRAPH . e. “Unauthorized alien” means a person 1 who is unlawfully present in the United States according to 2 the terms of the federal Immigration and Nationality Act, 8 3 U.S.C. §1101 et seq. “Unauthorized alien” shall be interpreted 4 consistently with any applicable federal statutes, rules, or 5 regulations. 6 Sec. 26. Section 811.1, subsection 2, unnumbered paragraph 7 1, Code 2026, is amended to read as follows: 8 All Except as provided in subsection 3, all defendants 9 are bailable both before and after conviction, by sufficient 10 surety, or subject to release upon condition or on their own 11 recognizance, except that the following defendants shall not be 12 admitted to bail: 13 Sec. 27. Section 811.1, Code 2026, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 3. a. Notwithstanding subsection 2, 16 all defendants are bailable before conviction, by sufficient 17 surety, or subject to release upon conditions or on their own 18 recognizance, except when the offense is for a forcible felony. 19 A charge for a forcible felony creates a rebuttable presumption 20 that the person is dangerous and that there is not a sufficient 21 surety or condition of release that will reasonably assure 22 the personal safety of another person or persons. If a court 23 determines that there is probable cause to believe that the 24 defendant committed a forcible felony, then the defendant shall 25 be detained without bail. The prosecuting attorney, or the 26 court on its own motion, must move for pretrial detention. 27 The defendant may rebut the presumption by demonstrating, by 28 a preponderance of the evidence, that adequate conditions of 29 release will reasonably assure the personal safety of another 30 person or persons. 31 b. It shall be presumed that there are not sufficient 32 sureties or conditions of release that will secure the 33 appearance at trial of an unauthorized alien for an indictable 34 offense. If a court determines that there is probable cause to 35 -8- SF 2218.3423.3427 (2) 91 jda/jh 8/ 9
believe that the defendant committed an indictable offense and 1 the court further determines by a preponderance of the evidence 2 that the defendant is an unauthorized alien, the prosecuting 3 attorney, or the court on its own motion, shall move for 4 pretrial detention. The defendant may rebut the presumption 5 by demonstrating, by a preponderance of the evidence, that 6 adequate conditions of release will secure the appearance of 7 the defendant at trial. > 8 2. Title page, by striking lines 1 through 5 and inserting 9 < An Act relating to state regulatory compliance and eligibility 10 requirements, including by modifying provisions related to 11 the verification of the identity and employment eligibility 12 of individuals by the board of educational examiners, school 13 districts, accredited nonpublic schools, charter schools, 14 and innovation zone schools; the provision of a false social 15 security number to an employer, prospective employer, or a 16 potential employee; qualifications for state employment, 17 professional licensure, voter registration, and bail; making 18 penalties applicable; and including applicability provisions. >> 19 ______________________________ BODEN of Warren -9- SF 2218.3423.3427 (2) 91 jda/jh 9/ 9 #2.