Senate
File
311
-
Introduced
SENATE
FILE
311
BY
SORENSON
A
BILL
FOR
An
Act
to
prohibit
any
state
department,
agency,
or
political
1
subdivision
of
this
state
or
employee
thereof
acting
in
2
the
employee’s
official
capacity,
and
any
member
of
the
3
Iowa
national
guard
on
official
state
duty
from
assisting
4
an
agency
of
the
armed
forces
of
the
United
States
in
the
5
investigation,
prosecution,
or
detainment
of
any
citizen
of
6
the
United
States
under
certain
circumstances.
7
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
8
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311
Section
1.
PROHIBITED
ENFORCEMENT
——
NATIONAL
DEFENSE
1
AUTHORIZATION
ACT.
2
1.
Except
as
provided
in
subsection
2,
and
notwithstanding
3
any
provision
of
law
to
the
contrary,
a
state
department,
4
agency,
or
political
subdivision
of
this
state
or
employee
5
thereof
acting
in
the
employee’s
official
capacity,
or
a
member
6
of
the
Iowa
national
guard
on
official
state
duty
shall
not
7
aid
an
agency
of
the
armed
forces
of
the
United
States
in
any
8
investigation,
prosecution,
or
detention
of
any
person
pursuant
9
to
section
1021
of
the
federal
National
Defense
Authorization
10
Act
for
Fiscal
Year
2012,
if
such
aid
would
place
that
state
11
agency,
political
subdivision,
employee,
or
member
of
the
Iowa
12
national
guard
in
violation
of
the
Constitution
of
the
United
13
States,
the
constitution
of
the
state
of
Iowa,
or
any
law
of
14
this
state.
15
2.
This
section
shall
not
apply
to
participation
by
state
16
or
local
law
enforcement
or
the
Iowa
national
guard
in
a
17
joint
task
force,
partnership,
or
other
similar
cooperative
18
agreement
with
federal
law
enforcement
if
that
joint
task
19
force,
partnership,
or
similar
cooperative
agreement
is
not
for
20
the
purpose
of
investigating,
prosecuting,
or
detaining
any
21
person
pursuant
to
section
1021
of
the
federal
National
Defense
22
Authorization
Act
for
Fiscal
Year
2012.
23
EXPLANATION
24
This
bill
provides
that
except
as
otherwise
provided
in
the
25
bill
and
notwithstanding
any
provision
of
law
to
the
contrary,
26
a
state
department,
agency,
or
political
subdivision
of
this
27
state
or
employee
thereof
acting
in
the
employee’s
official
28
capacity,
or
a
member
of
the
Iowa
national
guard
on
official
29
state
duty
shall
not
aid
an
agency
of
the
armed
forces
of
the
30
United
States
in
any
investigation,
prosecution,
or
detention
31
of
any
person
pursuant
to
section
1021
of
the
federal
National
32
Defense
Authorization
Act
for
Fiscal
Year
2012,
if
such
aid
33
would
place
that
state
agency,
political
subdivision,
employee,
34
or
member
of
the
Iowa
national
guard
in
violation
of
the
35
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S.F.
311
United
States
constitution,
the
Iowa
constitution,
or
any
Iowa
1
law.
That
section
of
the
federal
law
pertains
to
detention
2
of
persons
the
federal
government
suspects
are
involved
in
3
terrorism.
4
The
bill
does
not
apply
to
participation
by
state
or
local
5
law
enforcement
or
the
Iowa
national
guard
in
a
joint
task
6
force,
partnership,
or
other
similar
cooperative
agreement
with
7
federal
law
enforcement
if
that
joint
task
force,
partnership,
8
or
similar
cooperative
agreement
is
not
for
the
purpose
of
9
investigating,
prosecuting,
or
detaining
any
person
pursuant
to
10
section
1021
of
the
federal
National
Defense
Authorization
Act
11
for
Fiscal
Year
2012.
12
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