House File 124 - Introduced



                                       HOUSE FILE       
                                       BY  STRUYK, WINDSCHITL, LUKAN,
                                           PETTENGILL, SCHULTZ, ALONS,
                                           HELLAND, DRAKE, RAYHONS,
                                           and HORBACH


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

                                      A BILL FOR

  1 An Act prohibiting local legislation that prevents local
  2    government officials or employees from cooperating with
  3    federal officials with regard to the immigration status of
  4    persons within the state.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1497YH 83
  7 md/rj/8

PAG LIN



  1  1    Section 1.  Section 331.301, Code 2009, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  17.  The internal rules of a county office
  1  4 or department shall not prohibit a county sheriff or deputy
  1  5 sheriff, county official, or county employee from
  1  6 communicating or cooperating with federal officials with
  1  7 regard to the immigration status of any person within the
  1  8 state.
  1  9    Sec. 2.  Section 331.303, Code 2009, is amended to read as
  1 10 follows:
  1 11    331.303  GENERAL DUTIES AND LIMITATIONS OF THE BOARD.
  1 12    1.  The board shall:
  1 13    1.  a.  Keep record books as follows:
  1 14    a.  (1)  A "minute book" which records all orders and
  1 15 decisions other than those relating to drainage districts.
  1 16 The minute book or a separate index book must contain an
  1 17 alphabetical index by subject matter categories of the
  1 18 proceedings shown by the minutes.
  1 19    b.  (2)  A "warrant book" which records each warrant drawn
  1 20 in the order of issuance by number, date, amount, and name of
  1 21 drawee, and refers to the order in the minute book authorizing
  1 22 its drawing.  The board may authorize the auditor to issue
  1 23 checks in lieu of warrants.  If the issuance of checks is
  1 24 authorized, the word "check" shall be substituted for the word
  1 25 "warrant" in those sections of this chapter and chapters 6B,
  1 26 11, 35B, 336, 349, 350, 427B, and 468 in which the issuance of
  1 27 a check is authorized in lieu of a warrant.
  1 28    c.  (3)  A "claim register" which records all claims for
  1 29 money filed against the county.  Claims shall be numbered
  1 30 consecutively in order of filing and entered alphabetically by
  1 31 the claimant's name.  The claim register shall show the date
  1 32 of filing, the number of the claim and its general nature, and
  1 33 the action of the board on the claim including the fund
  1 34 against which it is allowed if it is allowed.  The claims
  1 35 allowed at each meeting shall be listed in the minute book by
  2  1 claim number.
  2  2    2.  b.  Maintain its records in accordance with chapter 22.
  2  3    3.  c.  Act upon applications for cigarette tax permits in
  2  4 accordance with chapter 453A.
  2  5    4.  d.  Act upon applications for liquor control licenses
  2  6 and retail beer permits in accordance with section 123.32.
  2  7    5.  e.  Select official newspapers and cause official
  2  8 publications to be made in accordance with chapters 349 and
  2  9 618.
  2 10    6.  f.  Adopt rules relating to the labor of prisoners in
  2 11 the county jail in accordance with sections 356.16 to 356.19,
  2 12 and may establish the cost of board and provide for the
  2 13 transportation of certain prisoners in accordance with section
  2 14 356.30.
  2 15    7.  g.  Divide the county into townships, and proceed upon
  2 16 a petition to divide, dissolve or change the name of a
  2 17 township in accordance with chapter 359.
  2 18    8.  h.  Approve the written investment policy for the
  2 19 county required under section 12B.10B.
  2 20    9.  i.  Cause on=site inspections of pipeline construction
  2 21 projects as required in section 479.29, subsection 2, and the
  2 22 board may petition for rules as provided in that section.
  2 23    10.  j.  Defend, save harmless, and indemnify its officers,
  2 24 employees, and agents against tort claims, and may settle the
  2 25 claims, in accordance with sections 670.8 and 670.9.
  2 26    11.  k.  Perform other duties as required by law.
  2 27    2.  The board shall not adopt or enforce county legislation
  2 28 prohibiting a county sheriff or deputy sheriff, county
  2 29 official, or county employee from communicating or cooperating
  2 30 with federal officials with regard to the immigration status
  2 31 of any person within the state.  Members of the board who vote
  2 32 to approve such county legislation may be personally liable
  2 33 under section 670.12 for damages resulting from enforcement of
  2 34 the county legislation.
  2 35    Sec. 3.  Section 364.3, Code 2009, is amended by adding the
  3  1 following new subsection:
  3  2    NEW SUBSECTION.  10.  a.  A city shall not adopt or enforce
  3  3 an ordinance prohibiting a city peace officer, city official,
  3  4 or city employee from communicating or cooperating with
  3  5 federal officials with regard to the immigration status of any
  3  6 person within the state.  City council members who vote to
  3  7 approve such an ordinance may be personally liable under
  3  8 section 670.12 for damages resulting from enforcement of the
  3  9 ordinance.
  3 10    b.  The internal rules of a city office or department shall
  3 11 not prohibit a city peace officer, city official, or city
  3 12 employee from communicating or cooperating with federal
  3 13 officials with regard to the immigration status of any person
  3 14 within the state.
  3 15    Sec. 4.  Section 670.12, Code 2009, is amended to read as
  3 16 follows:
  3 17    670.12  OFFICERS AND EMPLOYEES == PERSONAL LIABILITY.
  3 18    All officers and employees of municipalities are not
  3 19 personally liable for claims which are exempted under section
  3 20 670.4, except claims for punitive damages, claims for damages
  3 21 pursuant to section 331.303, subsection 2, or section 364.3,
  3 22 subsection 10, and actions permitted under section 85.20.  An
  3 23 officer or employee of a municipality is not liable for
  3 24 punitive damages as a result of acts in the performance of a
  3 25 duty, unless actual malice or willful, wanton and reckless
  3 26 misconduct is proven.
  3 27                           EXPLANATION
  3 28    This bill prohibits counties and cities from enacting local
  3 29 legislation or ordinances that prevent peace officers, local
  3 30 officials, or local employees from communicating or
  3 31 cooperating with federal officials with regard to the
  3 32 immigration status of any person within the state.  The bill
  3 33 also prohibits city and county offices and departments from
  3 34 promulgating internal rules that prevent officers, officials,
  3 35 and employees from communicating or cooperating with federal
  4  1 officials with regard to the immigration status of any person
  4  2 within the state.
  4  3    The bill provides that a member of the governing body of a
  4  4 county or city may be liable for damages resulting from the
  4  5 enactment of such local legislation or ordinance if the member
  4  6 voted to approve the measure.
  4  7 LSB 1497YH 83
  4  8 md/rj/8