House File 2446 - Introduced



                                    HOUSE FILE       
                                    BY  DIX, KURTENBACH, S. OLSON,
                                        and WATTS


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to noncitizens of the United States including
  2    restricting the allocation of housing trust fund moneys,
  3    prohibiting the servicing of first mortgages, relating to
  4    employment, and providing for penalties.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 6023YH 81
  7 kk/sh/8

PAG LIN



  1  1    Section 1.  Section 16.181, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3A.  Funds allocated from the housing
  1  4 trust fund shall not be used for the provision of housing for
  1  5 persons who are not lawfully present in the United States.
  1  6    Sec. 2.  NEW SECTION.  73A.22  STATE ASSISTANCE
  1  7 RESTRICTIONS == PERSONS EMPLOYING UNAUTHORIZED ALIENS.
  1  8    1.  a.  A state department, institution, or agency, or any
  1  9 board member, commissioner, director, manager, or other person
  1 10 connected with any such department, institution, or agency,
  1 11 shall not award a contract or provide developmental assistance
  1 12 to an employer as defined in section 91F.1 in which the
  1 13 employer or corporate officer of the employer has been found
  1 14 in violation of section 91F.2 within the past five years.
  1 15    b.  For purposes of this section, "developmental
  1 16 assistance" means any form of public assistance, including tax
  1 17 expenditures, made for the purpose of stimulating the economic
  1 18 development of a corporation, industry, geographic
  1 19 jurisdiction, or any other sector of the state's economy,
  1 20 including but not limited to industrial development bonds,
  1 21 training grants, loans, loan guarantees, enterprise zones,
  1 22 empowerment zones, tax increment financing, fee waivers, land
  1 23 price subsidies, infrastructure constructed or improved for
  1 24 the benefit of a single business or defined group of
  1 25 businesses at the time it is built or improved, matching
  1 26 funds, tax abatements, tax credits and tax discounts of every
  1 27 kind, including corporate, franchise, personal income, sales
  1 28 and use, raw materials, real property, job creation,
  1 29 individual investment, excise, utility, inventory, accelerated
  1 30 depreciation, and research and development tax credits and
  1 31 discounts.
  1 32    2.  Any contract or developmental assistance awarded shall
  1 33 provide that if, during the effective period of the contract
  1 34 or developmental assistance, the vendor, contractor,
  1 35 subcontractor, or developmental assistance recipient violates
  2  1 the provisions of section 91F.2, the contract or developmental
  2  2 assistance shall be terminated.
  2  3    3.  A state department, institution, or agency may enforce
  2  4 its rights under this section by instituting a civil action in
  2  5 district court in this state.  In addition, a state
  2  6 department, institution, or agency shall not award a contract
  2  7 or provide developmental assistance to any person that
  2  8 violates this section for a period of five years after the
  2  9 date of the violation.
  2 10    Sec. 3.  NEW SECTION.  91F.1  DEFINITIONS.
  2 11    As used in this chapter:
  2 12    1.  "Commissioner" means the labor commissioner.
  2 13    2.  "Employee" means a natural person who is employed in
  2 14 this state for wages paid on an hourly basis by an employer.
  2 15    3.  "Employer" means a person, as defined in section 4.1,
  2 16 who in this state employs for wages, paid on an hourly basis,
  2 17 one or more natural persons.  An employer does not include a
  2 18 client, patient, customer, or other person who obtains
  2 19 professional services from a licensed person who provides the
  2 20 services on a fee service basis or as an independent
  2 21 contractor, or the state, or an agency or governmental
  2 22 subdivision of the state.
  2 23    4.  "Unauthorized alien" means a person who is not a
  2 24 citizen or legal resident and who has not been lawfully
  2 25 admitted to the United States for permanent residence or who
  2 26 is not authorized to work in the United States.
  2 27    Sec. 4.  NEW SECTION.  91F.2  UNAUTHORIZED ALIENS ==
  2 28 EMPLOYER PROHIBITION.
  2 29    An employer shall not knowingly employ as an employee an
  2 30 unauthorized alien.  For purposes of this section, "knowingly
  2 31 employ as an employee an unauthorized alien" includes cases in
  2 32 which an employer actually knows a person is an unauthorized
  2 33 alien and cases in which any person exercising reasonable care
  2 34 should know from facts and circumstances that a person is an
  2 35 unauthorized alien.
  3  1    Sec. 5.  NEW SECTION.  91F.3  PENALTIES.
  3  2    1.  An employer who violates section 91F.2 is subject to a
  3  3 civil penalty of up to one thousand dollars.
  3  4    2.  A corporate officer of an employer who, through
  3  5 repeated violation of section 91F.2, demonstrates a pattern of
  3  6 employing unauthorized aliens commits a serious misdemeanor.
  3  7    3.  An employer who, through repeated violation of section
  3  8 91F.2, demonstrates a pattern of employing unauthorized aliens
  3  9 may be ordered to pay punitive damages.
  3 10    Sec. 6.  NEW SECTION.  91F.4  DUTIES AND AUTHORITY OF THE
  3 11 COMMISSIONER == ENFORCEMENT BY ATTORNEY GENERAL.
  3 12    1.  The commissioner shall adopt rules to implement and
  3 13 enforce this chapter.
  3 14    2.  In order to carry out the purposes of this chapter, the
  3 15 commissioner or the commissioner's representative, upon
  3 16 presenting appropriate credentials to an employer's owner,
  3 17 operator, or agent in charge, may:
  3 18    a.  Inspect employment records relating to the employees of
  3 19 the employer.
  3 20    b.  Interview an employer, owner, operator, agent, or
  3 21 employee, during working hours or at other reasonable times.
  3 22    3.  If the commissioner has reason to believe than an
  3 23 employer may be in violation of this chapter, the commissioner
  3 24 shall notify the attorney general, and provide the attorney
  3 25 general with any supporting information, for prosecution of
  3 26 the violation by the attorney general.
  3 27    Sec. 7.  NEW SECTION.  91F.5  PROHIBITIONS RELATING TO
  3 28 CERTAIN ACTIONS BY EMPLOYEES == PENALTY == CIVIL REMEDY.
  3 29    1.  An employer shall not discharge an employee or take or
  3 30 fail to take action regarding an employee's appointment or
  3 31 proposed appointment or promotion or proposed promotion, or
  3 32 regarding any advantage of an employee as a reprisal for a
  3 33 failure by that employee to inform the employer that the
  3 34 employee made a disclosure of information to any law
  3 35 enforcement agency if the employee reasonably believes the
  4  1 information evidences a violation of section 91F.2.
  4  2    2.  Subsection 1 does not apply if the disclosure of the
  4  3 information is prohibited by statute.
  4  4    3.  An employer who violates subsection 1 commits a simple
  4  5 misdemeanor.
  4  6    4.  Subsection 1 may be enforced through a civil action.
  4  7    a.  An employer who violates subsection 1 is liable to an
  4  8 aggrieved employee for affirmative relief, including
  4  9 reinstatement, with or without back pay, or any other
  4 10 equitable relief the court deems appropriate, including
  4 11 attorney fees and costs.
  4 12    b.  If an employer commits, is committing, or proposes to
  4 13 commit an act in violation of subsection 1, an injunction may
  4 14 be granted through an action in district court to prohibit the
  4 15 person from continuing such acts.  The action for injunctive
  4 16 relief may be brought by an aggrieved employee or the attorney
  4 17 general.
  4 18    Sec. 8.  Section 535B.11, Code 2005, is amended by adding
  4 19 the following new subsection:
  4 20    NEW SUBSECTION.  8.  Refuse to service a first mortgage
  4 21 loan for residential real property intended to be used as a
  4 22 primary residence in this state to a person who is neither a
  4 23 citizen of the United States nor lawfully admitted for
  4 24 permanent residence under the federal Immigration and
  4 25 Nationality Act, 8 U.S.C. } 1101 et seq.
  4 26                           EXPLANATION
  4 27    This bill relates to the financing of housing for
  4 28 noncitizens of the United States.  The bill prohibits funds
  4 29 allocated from the housing trust fund in Code section 16.181
  4 30 by the Iowa finance authority to be used to provide housing
  4 31 for persons who are not lawfully present in the United States.
  4 32 The housing trust fund provides funds to local housing
  4 33 authorities for the local housing trust fund program and the
  4 34 project=based housing program.
  4 35    The bill also provides that a mortgage banker or mortgage
  5  1 broker licensed under Code chapter 535B or other mortgagee who
  5  2 services mortgages on residential real estate in this state
  5  3 shall refuse to provide certain mortgage loans to a person who
  5  4 is not either a citizen of the United States or a lawful
  5  5 permanent resident under the federal Immigration and
  5  6 Nationality Act.  This restriction under the bill applies only
  5  7 to first mortgage loans for residential real property that is
  5  8 intended to be used as a primary residence of the mortgage
  5  9 applicant.  Under current law, a "first mortgage loan" is
  5 10 defined as a loan of money secured by a first lien on
  5 11 residential real property and includes a refinancing of a
  5 12 contract of sale, an assumption of a prior loan, and a
  5 13 refinancing of a prior loan.  A violation of this provision of
  5 14 the bill would be a violation of Code chapter 535B and subject
  5 15 to enforcement by the superintendent of the division of
  5 16 banking of the department of commerce.  The superintendent may
  5 17 conduct an investigation or examination, issue a cease and
  5 18 desist order, and request that the attorney general file a
  5 19 civil action for injunctive relief, restitution for an
  5 20 aggrieved mortgagor, and costs for the investigation and
  5 21 prosecution.
  5 22    New Code section 73A.22 is created to prohibit state
  5 23 entities from awarding a contract or providing developmental
  5 24 assistance to a person who violates the provisions of the bill
  5 25 concerning the employment of unauthorized aliens as
  5 26 established in new Code section 91F.2.  The bill defines
  5 27 "developmental assistance" as any form of public assistance,
  5 28 including tax incentives, grants, or other subsidies.  The
  5 29 bill provides that a person violating this new provision shall
  5 30 have their contract or developmental assistance terminated.
  5 31 The bill grants state entities the right to enforce their
  5 32 rights in district court and provides that a person violating
  5 33 this provision shall be prohibited from receiving a state
  5 34 contract or developmental assistance for five years.
  5 35    The bill creates new Code chapter 91F prohibiting employers
  6  1 from employing unauthorized aliens.  The bill defines
  6  2 "unauthorized aliens" as any person who is not a citizen or
  6  3 legal resident and who has not been lawfully admitted to the
  6  4 United States for permanent residence or who is not authorized
  6  5 to work in the United States.  An "employer" is any person who
  6  6 employs for wages, paid on an hourly basis, one or more
  6  7 natural persons.  The bill prohibits employers from knowingly
  6  8 employing an unauthorized alien.  The bill provides that a
  6  9 violation can occur in cases in which an employer actually
  6 10 knows a person is an unauthorized alien as well as a situation
  6 11 in which any person exercising reasonable care should know
  6 12 from facts and circumstances that a person is an unauthorized
  6 13 alien.  The bill provides that a violation of this chapter is
  6 14 subject to a civil penalty of $1,000 and a corporate officer
  6 15 of an employer who, through repeated violations of the
  6 16 chapter, demonstrates a pattern of employing unauthorized
  6 17 aliens, commits a serious misdemeanor.  An employer who
  6 18 demonstrates a pattern of employing unauthorized aliens may be
  6 19 ordered to pay punitive damages.  The bill further authorizes
  6 20 the labor commissioner within the department of workforce
  6 21 development to adopt rules to administer and enforce this new
  6 22 chapter and grants the commissioner the authority to
  6 23 investigate employer records and to interview employees.  The
  6 24 bill provides that the commissioner shall forward any
  6 25 suspected violations of this chapter to the attorney general
  6 26 for prosecution.  The bill further provides that an employer
  6 27 shall not discharge an employee from or take or fail to take
  6 28 action regarding an employee's appointment or proposed
  6 29 appointment, promotion or proposed promotion, or regarding any
  6 30 advantage of an employee as a reprisal for a failure by that
  6 31 employee to inform the employer that the employee made a
  6 32 disclosure of information to any law enforcement agency if the
  6 33 employee reasonably believes the information evidences a
  6 34 violation of Code section 91F.2, 710A.2, 710A.3, or 710A.4.
  6 35 An employer who violates the provisions of this chapter is
  7  1 liable to an aggrieved employee for affirmative relief
  7  2 including reinstatement, with or without back pay, or any
  7  3 other equitable relief the court deems appropriate, including
  7  4 attorney fees and costs.  In addition, an action for
  7  5 injunctive relief may be brought by an aggrieved employee or
  7  6 the attorney general.
  7  7 LSB 6023YH 81
  7  8 kk:rj/sh/8.2