Senate File 423 - Introduced



                                       SENATE FILE       
                                       BY  McKINLEY


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

                                      A BILL FOR

  1 An Act requiring employers to verify employees' legal presence in
  2    the state.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2571XS 82
  5 ak/es/88

PAG LIN



  1  1    Section 1.  Section 84A.5, subsection 3, Code 2007, is
  1  2 amended to read as follows:
  1  3    3.  The division of labor services is responsible for the
  1  4 administration of the laws of this state under chapters 88,
  1  5 88A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92,
  1  6 and 94A, and sections 30.7 and 85.68.  The executive head of
  1  7 the division is the labor commissioner, appointed pursuant to
  1  8 section 91.2.
  1  9    Sec. 2.  NEW SECTION.  91F.1  DEFINITIONS.
  1 10    1.  "Commissioner" means the labor commissioner of the
  1 11 division of labor services of the department of workforce
  1 12 development.
  1 13    2.  "Employee" means a natural person who is employed in
  1 14 this state for wages paid on an hourly basis by an employer.
  1 15    3.  "Employer" means a person, as defined in section 4.1,
  1 16 who in this state employs for wages a natural person.  An
  1 17 employer does not include a client, patient, customer, or
  1 18 other person who obtains professional services from a licensed
  1 19 person who provides the services on a fee service basis or as
  1 20 an independent contractor.
  1 21    Sec. 3.  NEW SECTION.  91F.2  LEGAL RESIDENCY VERIFICATION.
  1 22    1.  An employer who enters into a contract to perform work
  1 23 for the state or an agency of the state must verify the lawful
  1 24 presence of its employees in the state.
  1 25    a.  An employer shall be required to show proof of United
  1 26 States citizenship, documentation issued by the United States
  1 27 government as proof of legal presence in the country, or other
  1 28 acceptable form of identification as determined by the
  1 29 commissioner by rule for each current employee physically
  1 30 present in the state.
  1 31    b.  Employers shall use the federal basic pilot program,
  1 32 which is administered by the department of homeland security's
  1 33 United States citizenship and immigration services bureau and
  1 34 the social security administration, to verify the legal
  1 35 residency or work status of newly hired employees physically
  2  1 present in the state.  An employer shall be required to show
  2  2 receipts from the federal program as proof of new employees'
  2  3 legal residency or work status.
  2  4    2.  The requirements of this chapter shall be included with
  2  5 every request for proposals that the state or an agency of the
  2  6 state issues in order to give notice of the requirements to
  2  7 employers and employees.
  2  8    3.  The commissioner shall adopt rules pursuant to chapter
  2  9 17A to establish a reasonable schedule and process for
  2 10 verification of legal residency under this chapter.
  2 11    4.  An employer who does not comply with this chapter or
  2 12 the rules adopted pursuant to this chapter shall not be
  2 13 awarded a contract to perform work for the state or an agency
  2 14 of the state.
  2 15                           EXPLANATION
  2 16    This bill requires employers who accept contracts from the
  2 17 state or an agency of the state to verify the lawful presence
  2 18 of its employees in the state.
  2 19    The bill requires that employers provide proof of current
  2 20 employees' United States citizenship, documentation issued by
  2 21 the federal government of legal presence, or other acceptable
  2 22 identification as determined by the labor commissioner.  The
  2 23 bill requires that employers use the federal basic pilot
  2 24 program to verify the legal presence of newly hired employees,
  2 25 and show a receipt from the program to verify an employee's
  2 26 legal presence.
  2 27    The bill requires that notice of these requirements be
  2 28 included in every request for proposals that the state or an
  2 29 agency of the state issues.  The bill also states that the
  2 30 commissioner shall adopt rules to establish a reasonable
  2 31 schedule and process for verification by employers of the
  2 32 legal residency of their employees.
  2 33    The bill states that an employer who does not comply shall
  2 34 not be awarded state contracts in the future.
  2 35 LSB 2571XS 82
  3  1 ak:rj/es/88