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: 1 131.a. Keep record books as follows: 1 14a.(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 19b.(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 28c.(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 22.b. Maintain its records in accordance with chapter 22. 2 33.c. Act upon applications for cigarette tax permits in 2 4 accordance with chapter 453A. 2 54.d. Act upon applications for liquor control licenses 2 6 and retail beer permits in accordance with section 123.32. 2 75.e. Select official newspapers and cause official 2 8 publications to be made in accordance with chapters 349 and 2 9 618. 2 106.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. 2 157.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. 2 188.h. Approve the written investment policy for the 2 19 county required under section 12B.10B. 2 209.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 2310.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 2611.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