House Amendment to Senate File 2218 S-5104 Amend Senate File 2218, 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 EDUCATION-RELATED PROVISIONS 6 Section 1. Section 256.146, subsection 16, Code 2026, is 7 amended to read as follows: 8 16. a. Adopt rules to require that a background 9 investigation be conducted by the division of criminal 10 investigation of the department of public safety on all initial 11 applicants for licensure. The board shall also require all 12 initial applicants to submit a completed fingerprint packet and 13 shall use the packet to facilitate a national criminal history 14 background check. 15 b. The board shall have access to, and shall review the 16 sex offender registry information under section 692A.121 17 available to the general public, information in the Iowa court 18 information system available to the general public, the central 19 registry for child abuse information established under chapter 20 235A , and the dependent adult abuse records maintained under 21 chapter 235B for information regarding applicants for license 22 renewal and, every five years, for practitioners who are not 23 subject to renewal requirements pursuant to subsection 1 , 24 paragraph “a” , subparagraph (2). The board may charge such 25 a practitioner who is not subject to renewal requirements a 26 reasonable fee for the review of the sex offender registry 27 information, information in the Iowa court information system, 28 the central registry for child abuse information, and the 29 dependent adult abuse records. 30 c. (1) The board shall require all initial applicants for 31 licensure, including individuals who apply for a license under 32 section 256.152, and all applicants for license renewal, to 33 produce evidence of the applicant’s legal authorization to 34 work in the United States as a condition of initial licensure 35 -1- SF 2218.3460 (1) 91 md 1/ 9 #1.

or license renewal. The board shall accept as proof of an 1 applicant’s legal authorization to work in the United States 2 any of the following: 3 (a) A document that establishes both employment 4 authorization and identity, as described in 8 U.S.C. 5 §1324a(b)(1)(B). 6 (b) A document that evidences employment authorization, 7 as described in 8 U.S.C. §1324a(b)(1)(C), and a document that 8 establishes the identity of the applicant, as described in 8 9 U.S.C. §1324a(b)(1)(D). 10 (2) The board shall require all practitioners who are 11 not subject to renewal requirements pursuant to subsection 12 1, paragraph “a” , subparagraph (2), to produce evidence 13 of the practitioner’s legal authorization to work in the 14 United States every five years as a condition of remaining 15 licensed. The board shall accept as proof of a practitioner’s 16 legal authorization to work in the United States any of the 17 following: 18 (a) A document that establishes both employment 19 authorization and identity, as described in 8 U.S.C. 20 §1324a(b)(1)(B). 21 (b) A document that evidences employment authorization, 22 as described in 8 U.S.C. §1324a(b)(1)(C), and a document that 23 establishes the identity of the practitioner, as described in 8 24 U.S.C. §1324a(b)(1)(D). 25 Sec. 2. Section 256E.7, subsection 2, Code 2026, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . 0w. Be subject to and comply with the 28 requirements of section 280.37 relating to the verification of 29 the identity and employment eligibility of all individuals who 30 have accepted an offer of employment in the same manner as a 31 school district. 32 Sec. 3. Section 256F.4, subsection 2, Code 2026, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . v. Be subject to and comply with the 35 -2- SF 2218.3460 (1) 91 md 2/ 9

requirements of section 280.37 relating to the verification of 1 the identity and employment eligibility of all individuals who 2 have accepted an offer of employment in the same manner as a 3 school district. 4 Sec. 4. NEW SECTION . 280.37 Verification of identity and 5 eligibility to work in the United States. 6 The board of directors of each school district and the 7 authorities in charge of each accredited nonpublic school 8 shall verify the identity and employment eligibility of 9 all individuals who have accepted an offer of employment in 10 accordance with 8 U.S.C. §1324a. 11 Sec. 5. APPLICABILITY. The following applies to all 12 applications for initial licensure, and all applications for 13 license renewal, that are submitted to the board of educational 14 examiners on or after the effective date of this division of 15 this Act: 16 The section of this division of this Act amending section 17 256.146. 18 DIVISION II 19 PROVIDING FALSE SOCIAL SECURITY NUMBERS —— PENALTIES 20 Sec. 6. NEW SECTION . 91F.1 Definitions. 21 As used in this chapter unless the context otherwise 22 requires: 23 1. “Department” means the department of workforce 24 development. 25 2. “Employer” means a person who employs an employee in this 26 state for wages. 27 Sec. 7. NEW SECTION . 91F.2 Employment of persons with false 28 social security numbers prohibited. 29 An employer shall not hire or continue to employ an employee 30 who the employer knows to have provided the employer with a 31 social security number on any documentation for employment that 32 does not belong to the employee. 33 Sec. 8. NEW SECTION . 91F.3 Enforcement —— penalties. 34 1. The department shall enforce this chapter. 35 -3- SF 2218.3460 (1) 91 md 3/ 9

2. An employer who violates section 91F.2 shall be subject 1 to a civil penalty of ten thousand dollars to be collected by 2 the department. 3 3. For a fourth or subsequent violation of subsection 91F.2, 4 in addition to the civil penalty provided in subsection 1, 5 an employer shall cease operations at the location where the 6 violation occurred until any individual who holds a majority 7 ownership interest in the employer, and all managerial staff 8 at the location, participate in training developed by the 9 department regarding compliance with this chapter. 10 Sec. 9. Section 714.8, Code 2026, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 23. For the purpose of retaining or 13 obtaining employment, or any other thing of value, falsely 14 provides the employer or prospective employer with a social 15 security number that does not belong to that person. 16 NEW SUBSECTION . 24. An employer knowingly providing a 17 potential employee with a fraudulent social security number for 18 the purpose of hiring the potential employee. 19 DIVISION III 20 IMMIGRATION STATUS —— STATE EMPLOYMENT AND LICENSURE 21 Sec. 10. Section 7E.3, Code 2026, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 6. Verification of United States citizenship 24 and immigration status. Use the e-verify system of the United 25 States citizenship and immigration services to confirm the 26 employment eligibility of newly hired employees. 27 Sec. 11. Section 10A.101, Code 2026, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 4. “SAVE program” means the systematic 30 alien verification for entitlements system of the United 31 States department of homeland security and the United States 32 citizenship and immigration services. 33 Sec. 12. NEW SECTION . 10A.113 SAVE program clearinghouse. 34 There is created within the department a SAVE program 35 -4- SF 2218.3460 (1) 91 md 4/ 9

clearinghouse, which shall serve as the central entity to 1 process requests to verify, using the SAVE program, the United 2 States citizenship and immigration status of an individual 3 who has applied for a professional license in this state. 4 The department shall adopt rules pursuant to chapter 17A to 5 implement this section. 6 Sec. 13. Section 10A.506, Code 2026, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 13. a. The licensing and regulation 9 examining boards included in the department pursuant to 10 subsection 1 shall use the SAVE program clearinghouse created 11 within the department pursuant to section 10A.113 to verify 12 the United States citizenship and immigration status of an 13 individual who has applied for a professional license from the 14 board. 15 b. A denial of an application for a professional license due 16 to the results of the SAVE program clearinghouse check shall 17 be appealed to the director and the director’s decision shall 18 constitute final agency action. 19 Sec. 14. NEW SECTION . 262.9E Verification of citizenship 20 and immigration status. 21 The state board of regents and each institution of higher 22 education governed by the board shall use the e-verify system 23 of the United States citizenship and immigration services to 24 confirm the employment eligibility of newly hired employees. 25 Sec. 15. Section 272C.1, Code 2026, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 11. “SAVE program clearinghouse” means 28 the SAVE program clearinghouse created within the department 29 of inspections, appeals, and licensing pursuant to section 30 10A.113. 31 Sec. 16. Section 272C.4, Code 2026, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 11. Use the SAVE program clearinghouse to 34 confirm the United States citizenship and immigration status of 35 -5- SF 2218.3460 (1) 91 md 5/ 9

an individual who has applied for a professional license from 1 the board. 2 Sec. 17. Section 272C.10, Code 2026, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 9. For a license deemed a professional 5 license by the licensing board, unlawful presence in the United 6 States, as determined by using the SAVE program clearinghouse. 7 Sec. 18. NEW SECTION . 272C.15A Disqualifications for 8 unlawful presence. 9 A licensing board established after January 1, 1978, and 10 pursuant to the provisions of this chapter, shall not issue or 11 renew a professional license to an individual who the licensing 12 board is unable to verify is lawfully present in the United 13 States, as determined by using the SAVE program clearinghouse. 14 DIVISION IV 15 VOTER REGISTRATION —— UNAUTHORIZED ALIENS 16 Sec. 19. Section 39A.2, subsection 1, paragraph a, 17 subparagraph (2), Code 2026, is amended to read as follows: 18 (2) Falsely swears to an oath required pursuant to section 19 48A.7A or 48A.11 . 20 Sec. 20. Section 48A.2, Code 2026, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 4A. “Unauthorized alien” means a person 23 who is unlawfully present in the United States under the 24 federal Immigration and Nationality Act, 8 U.S.C. §1101 et 25 seq., as modified by applicable federal statutes, rules, and 26 regulations. 27 Sec. 21. Section 48A.6, Code 2026, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 3. A person who is an unauthorized alien. 30 Sec. 22. Section 48A.11, Code 2026, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 9. Each voter registration form shall 33 include the following oath: 34 By submitting this form, I do solemnly swear and affirm that 35 -6- SF 2218.3460 (1) 91 md 6/ 9

I am qualified to register to vote under the Constitution and 1 laws of the State of Iowa, and that all information provided in 2 my voter registration application is true. I have carefully 3 reviewed the instructions for completing the Iowa voter 4 registration application, and I further swear or affirm that 5 I am a United States citizen. I understand that if I have 6 provided false information on my voter registration application 7 that I could be subject to criminal penalties for perjury and 8 that I may be fined, imprisoned, or, if not a United States 9 citizen, deported from or refused entry into the United States. 10 Sec. 23. NEW SECTION . 802.2H Election misconduct in the 11 first degree. 12 An information or indictment for election misconduct in 13 the first degree in violation of section 39A.2 shall be found 14 within five years after the commission of the offense. 15 Sec. 24. Section 802.3, Code 2026, is amended to read as 16 follows: 17 802.3 Felony —— aggravated or serious misdemeanor. 18 In all cases, except those enumerated in section 802.1 , 19 802.2 , 802.2A , 802.2B , 802.2C , 802.2D , 802.2E , 802.2F , 802.2G , 20 802.2H, or 802.10 , an indictment or information for a felony or 21 aggravated or serious misdemeanor shall be found within three 22 years after its commission. 23 DIVISION V 24 PRETRIAL DETENTION 25 Sec. 25. Section 811.1, subsection 1, Code 2026, is amended 26 by adding the following new paragraphs: 27 NEW PARAGRAPH . 0d. “Forcible felony” means the same as 28 defined in section 702.11. 29 NEW PARAGRAPH . 00d. “Indictable offense” means the same as 30 defined in section 801.4. 31 NEW PARAGRAPH . e. “Unauthorized alien” means a person 32 who is unlawfully present in the United States according to 33 the terms of the federal Immigration and Nationality Act, 8 34 U.S.C. §1101 et seq. “Unauthorized alien” shall be interpreted 35 -7- SF 2218.3460 (1) 91 md 7/ 9

consistently with any applicable federal statutes, rules, or 1 regulations. 2 Sec. 26. Section 811.1, subsection 2, unnumbered paragraph 3 1, Code 2026, is amended to read as follows: 4 All Except as provided in subsection 3, all defendants 5 are bailable both before and after conviction, by sufficient 6 surety, or subject to release upon condition or on their own 7 recognizance, except that the following defendants shall not be 8 admitted to bail: 9 Sec. 27. Section 811.1, Code 2026, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3. a. Notwithstanding subsection 2, 12 all defendants are bailable before conviction, by sufficient 13 surety, or subject to release upon conditions or on their own 14 recognizance, except when the offense is for a forcible felony. 15 A charge for a forcible felony creates a rebuttable presumption 16 that the person is dangerous and that there is not a sufficient 17 surety or condition of release that will reasonably assure 18 the personal safety of another person or persons. If a court 19 determines that there is probable cause to believe that the 20 defendant committed a forcible felony, then the defendant shall 21 be detained without bail. The prosecuting attorney, or the 22 court on its own motion, must move for pretrial detention. 23 The defendant may rebut the presumption by demonstrating, by 24 a preponderance of the evidence, that adequate conditions of 25 release will reasonably assure the personal safety of another 26 person or persons. 27 b. It shall be presumed that there are not sufficient 28 sureties or conditions of release that will secure the 29 appearance at trial of an unauthorized alien for an indictable 30 offense. If a court determines that there is probable cause to 31 believe that the defendant committed an indictable offense and 32 the court further determines by a preponderance of the evidence 33 that the defendant is an unauthorized alien, the prosecuting 34 attorney, or the court on its own motion, shall move for 35 -8- SF 2218.3460 (1) 91 md 8/ 9

pretrial detention. The defendant may rebut the presumption 1 by demonstrating, by a preponderance of the evidence, that 2 adequate conditions of release will secure the appearance of 3 the defendant at trial. > 4 2. Title page, by striking lines 1 through 5 and inserting 5 < relating to state regulatory compliance and eligibility 6 requirements, including by modifying provisions related to 7 the verification of the identity and employment eligibility 8 of individuals by the board of educational examiners, school 9 districts, accredited nonpublic schools, charter schools, 10 and innovation zone schools; the provision of a false social 11 security number to an employer, prospective employer, or a 12 potential employee; qualifications for state employment, 13 professional licensure, voter registration, and bail; making 14 penalties applicable; and including applicability provisions. > 15 -9- SF 2218.3460 (1) 91 md 9/ 9