H-8221

   Amend  the amendment, H-8220, to Senate File 2218, as amended, passed, and reprinted by the Senate, as follows:
   1.  By striking page 1, line 1, through page 4, line 28, and inserting: 
   <Amend Senate File 2218, as amended, passed, and reprinted by the Senate, as follows:
   1.  By striking everything after the enacting clause and inserting: 
<DIVISION I
EDUCATION-RELATED PROVISIONS

   Section 1.  Section 256.146, subsection 16, Code 2026, is amended to read as follows:
   16.  a.  Adopt rules to require that a background investigation be conducted by the division of criminal investigation of the department of public safety on all initial applicants for licensure. The board shall also require all initial applicants to submit a completed fingerprint packet and shall use the packet to facilitate a national criminal history background check.
   b.  The board shall have access to, and shall review the sex offender registry information under section 692A.121 available to the general public, information in the Iowa court information system available to the general public, the central registry for child abuse information established under chapter 235A, and the dependent adult abuse records maintained under chapter 235B for information regarding applicants for license renewal and, every five years, for practitioners who are not subject to renewal requirements pursuant to subsection 1, paragraph “a”, subparagraph (2). The board may charge such a practitioner who is not subject to renewal requirements a reasonable fee for the review of the sex offender registry information, information in the Iowa court information system, the central registry for child abuse information, and the dependent adult abuse records.
   c.  (1)  The board shall require all initial applicants for licensure, including individuals who apply for a license under section 256.152, and all applicants for license renewal, to produce evidence of the applicant’s legal authorization to work in the United States as a condition of initial licensure or license renewal. The board shall accept as proof of an applicant’s legal authorization to work in the United States any of the following:
   (a)  A document that establishes both employment authorization and identity, as described in 8 U.S.C. §1324a(b)(1)(B).
   (b)  A document that evidences employment authorization, as described in 8 U.S.C. §1324a(b)(1)(C), and a document that establishes the identity of the applicant, as described in 8 U.S.C. §1324a(b)(1)(D).
   (2)  The board shall require all practitioners who are not subject to renewal requirements pursuant to subsection 1, paragraph “a”, subparagraph (2), to produce evidence of the practitioner’s legal authorization to work in the United States every five years as a condition of remaining licensed. The board shall accept as proof of a practitioner’s legal authorization to work in the United States any of the following:
   (a)  A document that establishes both employment authorization and identity, as described in 8 U.S.C. §1324a(b)(1)(B).
   (b)  A document that evidences employment authorization, as described in 8 U.S.C. §1324a(b)(1)(C), and a document that establishes the identity of the practitioner, as described in 8 U.S.C. §1324a(b)(1)(D).
   Sec. 2.  Section 256E.7, subsection 2, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0w.  Be subject to and comply with the requirements of section 280.37 relating to the verification of the identity and employment eligibility of all individuals who have accepted an offer of employment in the same manner as a school district.
   Sec. 3.  Section 256F.4, subsection 2, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  v.  Be subject to and comply with the requirements of section 280.37 relating to the verification of the identity and employment eligibility of all individuals who have accepted an offer of employment in the same manner as a school district.
   Sec. 4.  NEW SECTION.  280.37  Verification of identity and eligibility to work in the United States.
   The board of directors of each school district and the authorities in charge of each accredited nonpublic school shall verify the identity and employment eligibility of all individuals who have accepted an offer of employment in accordance with 8 U.S.C. §1324a.
   Sec. 5.  APPLICABILITY.  The following applies to all applications for initial licensure, and all applications for license renewal, that are submitted to the board of educational examiners on or after the effective date of this division of this Act:
   The section of this division of this Act amending section 256.146.
DIVISION II
PROVIDING FALSE SOCIAL SECURITY NUMBERS —— PENALTIES

   Sec. 6.  NEW SECTION.  91F.1  Definitions.
   As used in this chapter unless the context otherwise requires:
   1.  “Department” means the department of workforce development.
   2.  “Employer” means a person who employs an employee in this state for wages.
   Sec. 7.  NEW SECTION.  91F.2  Employment of persons with false social security numbers prohibited.
   An employer shall not hire or continue to employ an employee who the employer knows to have provided the employer with a social security number on any documentation for employment that does not belong to the employee.
   Sec. 8.  NEW SECTION.  91F.3  Enforcement —— penalties.
   1.  The department shall enforce this chapter.
   2.  An employer who violates section 91F.2 shall be subject to a civil penalty of ten thousand dollars to be collected by the department.
   3.  For a fourth or subsequent violation of subsection 91F.2, in addition to the civil penalty provided in subsection 1, an employer shall cease operations at the location where the violation occurred until any individual who holds a majority ownership interest in the employer, and all managerial staff at the location, participate in training developed by the department regarding compliance with this chapter.
   Sec. 9.  Section 714.8, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  23.  For the purpose of retaining or obtaining employment, or any other thing of value, falsely provides the employer or prospective employer with a social security number that does not belong to that person.
   NEW SUBSECTION.  24.  An employer knowingly providing a potential employee with a fraudulent social security number for the purpose of hiring the potential employee.
DIVISION III
IMMIGRATION STATUS —— STATE EMPLOYMENT AND LICENSURE

   Sec. 10.  Section 7E.3, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  Verification of United States citizenship and immigration status.  Use the e-verify system of the United States citizenship and immigration services to confirm the employment eligibility of newly hired employees.
   Sec. 11.  Section 10A.101, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  “SAVE program” means the systematic alien verification for entitlements system of the United States department of homeland security and the United States citizenship and immigration services.
   Sec. 12.  NEW SECTION.  10A.113  SAVE program clearinghouse.
   There is created within the department a SAVE program clearinghouse, which shall serve as the central entity to process requests to verify, using the SAVE program, the United States citizenship and immigration status of an individual who has applied for a professional license in this state. The department shall adopt rules pursuant to chapter 17A to implement this section.
   Sec. 13.  Section 10A.506, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  13.  a.  The licensing and regulation examining boards included in the department pursuant to subsection 1 shall use the SAVE program clearinghouse created within the department pursuant to section 10A.113 to verify the United States citizenship and immigration status of an individual who has applied for a professional license from the board.
   b.  A denial of an application for a professional license due to the results of the SAVE program clearinghouse check shall be appealed to the director and the director’s decision shall constitute final agency action.
   Sec. 14.  NEW SECTION.  262.9E  Verification of citizenship and immigration status.
   The state board of regents and each institution of higher education governed by the board shall use the e-verify system of the United States citizenship and immigration services to confirm the employment eligibility of newly hired employees.
   Sec. 15.  Section 272C.1, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  “SAVE program clearinghouse” means the SAVE program clearinghouse created within the department of inspections, appeals, and licensing pursuant to section 10A.113.
   Sec. 16.  Section 272C.4, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  Use the SAVE program clearinghouse to confirm the United States citizenship and immigration status of an individual who has applied for a professional license from the board.
   Sec. 17.  Section 272C.10, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  For a license deemed a professional license by the licensing board, unlawful presence in the United States, as determined by using the SAVE program clearinghouse.
   Sec. 18.  NEW SECTION.  272C.15A  Disqualifications for unlawful presence.
   A licensing board established after January 1, 1978, and pursuant to the provisions of this chapter, shall not issue or renew a professional license to an individual who the licensing board is unable to verify is lawfully present in the United States, as determined by using the SAVE program clearinghouse.
DIVISION IV
VOTER REGISTRATION —— UNAUTHORIZED ALIENS

   Sec. 19.  Section 39A.2, subsection 1, paragraph a, subparagraph (2), Code 2026, is amended to read as follows:
   (2)  Falsely swears to an oath required pursuant to section 48A.7A or 48A.11.
   Sec. 20.  Section 48A.2, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  “Unauthorized alien” means a person who is unlawfully present in the United States under the federal Immigration and Nationality Act, 8 U.S.C. §1101 et seq., as modified by applicable federal statutes, rules, and regulations.
   Sec. 21.  Section 48A.6, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  A person who is an unauthorized alien.
   Sec. 22.  Section 48A.11, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  Each voter registration form shall include the following oath:
By submitting this form, I do solemnly swear and affirm that I am qualified to register to vote under the Constitution and laws of the State of Iowa, and that all information provided in my voter registration application is true. I have carefully reviewed the instructions for completing the Iowa voter registration application, and I further swear or affirm that I am a United States citizen. I understand that if I have provided false information on my voter registration application that I could be subject to criminal penalties for perjury and that I may be fined, imprisoned, or, if not a United States citizen, deported from or refused entry into the United States.
   Sec. 23.  NEW SECTION.  802.2H  Election misconduct in the first degree.
   An information or indictment for election misconduct in the first degree in violation of section 39A.2 shall be found within five years after the commission of the offense.
   Sec. 24.  Section 802.3, Code 2026, is amended to read as follows:
   802.3  Felony —— aggravated or serious misdemeanor.
   In all cases, except those enumerated in section 802.1, 802.2, 802.2A, 802.2B, 802.2C, 802.2D, 802.2E, 802.2F, 802.2G, 802.2H, or 802.10, an indictment or information for a felony or aggravated or serious misdemeanor shall be found within three years after its commission.
DIVISION V
PRETRIAL DETENTION

   Sec. 25.  Section 811.1, subsection 1, Code 2026, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0d.  “Forcible felony” means the same as defined in section 702.11.
   NEW PARAGRAPH.  00d.  “Indictable offense” means the same as defined in section 801.4.
   NEW PARAGRAPH.  e.  “Unauthorized alien” means a person who is unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. §1101 et seq. “Unauthorized alien” shall be interpreted consistently with any applicable federal statutes, rules, or regulations.
   Sec. 26.  Section 811.1, subsection 2, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   All Except as provided in subsection 3, all defendants are bailable both before and after conviction, by sufficient surety, or subject to release upon condition or on their own recognizance, except that the following defendants shall not be admitted to bail:
   Sec. 27.  Section 811.1, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  a.  Notwithstanding subsection 2, all defendants are bailable before conviction, by sufficient surety, or subject to release upon conditions or on their own recognizance, except when the offense is for a forcible felony. A charge for a forcible felony creates a rebuttable presumption that the person is dangerous and that there is not a sufficient surety or condition of release that will reasonably assure the personal safety of another person or persons. If a court determines that there is probable cause to believe that the defendant committed a forcible felony, then the defendant shall be detained without bail. The prosecuting attorney, or the court on its own motion, must move for pretrial detention. The defendant may rebut the presumption by demonstrating, by a preponderance of the evidence, that adequate conditions of release will reasonably assure the personal safety of another person or persons.
   b.  It shall be presumed that there are not sufficient sureties or conditions of release that will secure the appearance at trial of an unauthorized alien for an indictable offense. If a court determines that there is probable cause to believe that the defendant committed an indictable offense and the court further determines by a preponderance of the evidence that the defendant is an unauthorized alien, the prosecuting attorney, or the court on its own motion, shall move for pretrial detention. The defendant may rebut the presumption by demonstrating, by a preponderance of the evidence, that adequate conditions of release will secure the appearance of the defendant at trial.>
   2.  Title page, by striking lines 1 through 5 and inserting <An Act relating to state regulatory compliance and eligibility requirements, including by modifying provisions related to the verification of the identity and employment eligibility of individuals by the board of educational examiners, school districts, accredited nonpublic schools, charter schools, and innovation zone schools; the provision of a false social security number to an employer, prospective employer, or a potential employee; qualifications for state employment, professional licensure, voter registration, and bail; making penalties applicable; and including applicability provisions.>>

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BODEN of Warren