HF 2114 (LSB 5180YH (5) 86)

HOUSE FILE 2114

BY  WILLS

A BILL FOR

An Act relating to unlawful aliens and law enforcement and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  80.41  Unlawful alien enforcement fund.
   1.  An unlawful alien enforcement fund is created in the state treasury under the control of the department, subject to appropriation by the general assembly. The fund shall consist of civil penalties collected and deposited into the fund under section 823.7 and moneys appropriated by the general assembly to the fund. Moneys in the fund shall be used by the department for enforcement of laws relating to unlawful aliens and for incarceration costs for unlawful aliens.
   2.  Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys credited to the unlawful alien enforcement fund shall be credited to the unlawful alien enforcement fund. Notwithstanding section 8.33, moneys credited to the unlawful alien enforcement fund at the end of a fiscal year shall not revert to any other fund but shall remain in the fund for purposes of the fund.
    Sec. 2.  NEW SECTION.  93.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Agency” means an agency, department, board, or commission of this state or a political subdivision that issues a license for purposes of operating a business in this state.
   2.  “Economic development incentive” means a grant, loan, or performance-based incentive awarded by a government entity of this state. “Economic development incentive” does not include a tax credit or tax incentive program.
   3.  “Employ” means hiring or continuing to employ an individual to perform services.
   4.  “Employee” means an individual who provides services or labor for an employer in this state for wages or other remuneration. “Employee” does not include an independent contractor.
   5.  “Employer” means a person that transacts business in this state, that has a license issued by an agency in this state, and that employs one or more employees in this state. “Employer” includes this state, a political subdivision of this state, and a self-employed individual. In the case of an independent contractor, “employer” means the independent contractor and does not mean the person or organization that uses the contract labor.
   6.  “E-verify program” means the employment eligibility verification program as jointly administered by the United States department of homeland security and the United States social security administration or any successor program.
   7.  “Government entity” means this state or a political subdivision of this state that receives and uses tax revenues.
   8.  “Independent contractor” means a person that carries on an independent business, that contracts to do a piece of work according to the person’s own means and methods and that is subject to control only as to results. Whether a person is an independent contractor is determined on a case-by-case basis through various factors, including whether the person does any of the following:
   a.  Supplies tools or materials.
   b.  Makes services available to the general public.
   c.  Works or may work for a number of clients at the same time.
   d.  Has an opportunity for profit or loss as a result of labor or service provided.
   e.  Invests in the facilities for work.
   f.  Directs the order or sequence in which the work is completed.
   g.  Determines the hours when the work is completed.
   9.  “Knowingly employ an unauthorized alien” means the actions described in 8 U.S.C. §1324a, and shall be interpreted consistently with 8 U.S.C. §1324a and any applicable federal regulations.
   10.  “License” means an agency permit, certificate, approval, registration, charter, or similar form of authorization, other than a professional license, that is required by law and that is issued by an agency for the purposes of operating a business in this state, including by a foreign corporation.
   11.  “Social security number verification service” means the program administered by the United States social security administration or any successor program.
   12.  “Unauthorized alien” means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 U.S.C. §1324a(h)(3).
    Sec. 3.  NEW SECTION.  93.2  Knowingly or intentionally employing unauthorized aliens.
   1.  Knowingly or intentionally employing unauthorized aliens prohibited.  An employer shall not knowingly or intentionally employ an unauthorized alien. If an employer uses a contract, subcontract, or other independent contractor agreement to obtain the labor of an alien in this state, and the employer knowingly or intentionally contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer violates this subsection.
   2.  Complaints.
   a.  The attorney general shall prescribe a complaint form for a person to allege a violation of subsection 1. The complainant shall not be required to list the complainant’s social security number on the complaint form or to have the complaint form notarized. Complaints shall be submitted to the attorney general or a county attorney. A complaint that is submitted to a county attorney shall be submitted to the county attorney in the county in which the alleged unauthorized alien is or was employed by the employer. This subsection shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form.
   b.  On receipt of a complaint on a prescribed complaint form that an employer allegedly knowingly or intentionally employs or employed an unauthorized alien, the attorney general or county attorney shall investigate whether the employer has violated subsection 1. If a complaint is received but is not submitted on a prescribed complaint form, the attorney general or county attorney may investigate whether the employer has violated subsection 1.
   c.  The attorney general or county attorney shall not investigate complaints that are based solely on race, color, or national origin. The county sheriff or any other local law enforcement agency may assist in investigating a complaint. When investigating a complaint, the attorney general or county attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. §1373(c). A state, county, or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States.
   d.  A person who knowingly files a false and frivolous complaint under this subsection is guilty of a simple misdemeanor.
   3.  Required notifications.
   a.  If, after an investigation, the attorney general or county attorney determines that the complaint is not false and not frivolous, the attorney general or county attorney shall notify the following entities of the unauthorized alien:
   (1)  The United States immigration and customs enforcement.
   (2)  The local law enforcement agency.
   b.  The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection 4 if the complaint was originally filed with the attorney general.
   4.  Court action required.  An action for a violation of subsection 1 shall be brought against the employer by the county attorney in the district court of the county where the unauthorized alien employee is or was employed by the employer. The district court shall expedite the action, including assigning a hearing at the earliest practicable date.
   5.  Court order —— first violation.  On a finding of a first violation as described in subsection 7, the court shall require by order all of the following:
   a.  The employer shall terminate the employment of all unauthorized aliens.
   b.  (1)  For a knowing violation, the employer shall be subject to a three-year probationary period for the business location where the unauthorized alien performed work.
   (2)  For an intentional violation, the employer shall be subject to a five-year probationary period for the business location where the unauthorized alien performed work.
   (3)  During the probationary period, the employer shall file quarterly reports on the form prescribed in section 252G.3 with the county attorney for each new employee who is hired by the employer at the business location where the unauthorized alien performed work.
   c.  The employer shall file a signed sworn affidavit with the county attorney within three business days after the order is issued. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in this state and that the employer will not knowingly or intentionally employ an unauthorized alien in this state.
   (1)  The court shall order the appropriate agencies to suspend all licenses that are held by the employer if the employer fails to file a signed sworn affidavit with the county attorney within three business days after the order is issued. All licenses that are suspended shall remain suspended until the employer files a signed sworn affidavit with the county attorney. Upon filing of the affidavit, the suspended licenses shall be reinstated immediately by the appropriate agencies.
   (2)  Licenses that are subject to suspension under this paragraph “c” are all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer’s business in general, the licenses that are subject to suspension under this paragraph “c” are all licenses that are held by the employer at the employer’s primary place of business. On receipt of the court’s order, the appropriate agencies shall suspend the licenses according to the court’s order. The court shall send a copy of the court’s order to the attorney general and the attorney general shall maintain the copy pursuant to subsection 8.
   (3)  For a knowing violation, the court may order the appropriate agencies to suspend all licenses described in this paragraph “c” that are held by the employer for not more than ten business days. For an intentional violation, the court shall order the appropriate agencies to suspend all licenses described in this paragraph “c” that are held by the employer for a minimum of ten business days. The court shall base its decision to suspend under this subparagraph on any evidence or information submitted to it during the action for a violation of subsection 1 and shall consider the following factors, if relevant:
   (a)  The number of unauthorized aliens employed by the employer.
   (b)  Any prior misconduct by the employer.
   (c)  The degree of harm resulting from the violation.
   (d)  Whether the employer made good-faith efforts to comply with any applicable requirements.
   (e)  The duration of the violation.
   (f)  The role of the directors, officers, or principals of the employer in the violation.
   (g)  Any other factors the court deems appropriate.
   6.  Court order —— second violation.  For a second violation, as described in subsection 7, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer’s business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer’s primary place of business. On receipt of the order, the appropriate agencies shall immediately revoke the licenses.
   7.  Violations defined.
   a.  The violation shall be considered a first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under subsection 5, paragraph “b”, for that employer’s business location.
   b.  The violation shall be considered a second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under subsection 5, paragraph “b”, for that employer’s business location.
   8.  Attorney general database.  The attorney general shall maintain copies of court orders that are received pursuant to subsection 5, paragraph “c”, and shall maintain a database of the employers and business locations that have a first violation of subsection 1 and make the court orders available on the attorney general’s internet site.
   9.  Federal determination governs.  In determining whether an employee is an unauthorized alien, the court shall consider only the federal government’s determination contained in its response to an inquiry pursuant to 8 U.S.C. §1373(c). The federal government’s determination creates a rebuttable presumption of the employee’s lawful status. The court may take judicial notice of the federal government’s determination and may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. §1373(c).
   10.  E-verify rebuttable presumption.  For the purposes of this section, proof of verifying the employment authorization of an employee through the e-verify program creates a rebuttable presumption that an employer did not knowingly or intentionally employ an unauthorized alien.
   11.  Good-faith compliance.  For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of 8 U.S.C. §1324a(b) establishes an affirmative defense that the employer did not knowingly or intentionally employ an unauthorized alien. An employer is considered to have complied with the requirements of 8 U.S.C. §1324a(b), notwithstanding an isolated, sporadic, or accidental technical or procedural failure to meet the requirements, if there is a good-faith attempt to comply with the requirements.
   12.  Entrapment as affirmative defense.
   a.  It is an affirmative defense to a violation of subsection 1 that the employer was entrapped. To claim entrapment, the employer must admit by the employer’s testimony or other evidence the substantial elements of the violation. An employer who asserts an entrapment defense has the burden of proving all of the following by a preponderance of the evidence:
   (1)  The idea of committing the violation started with law enforcement officers or their agents rather than with the employer.
   (2)  The law enforcement officers or their agents urged and induced the employer to commit the violation.
   (3)  The employer was not predisposed to commit the violation before the law enforcement officers or their agents urged and induced the employer to commit the violation.
   b.  An employer does not establish entrapment if the employer was predisposed to violate subsection 1 and the law enforcement officers or their agents merely provided the employer with an opportunity to commit the violation. It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law enforcement officers and their agents may be considered in determining if an employer has proven entrapment.
    Sec. 4.  NEW SECTION.  93.3  E-verify program —— employer participation.
   1.  An employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer.
   2.  In addition to any other requirement for an employer to receive an economic development incentive from a government entity, the employer shall register with and participate in the e-verify program. Before receiving the economic development incentive, the employer shall provide proof to the government entity that the employer is registered with and is participating in the e-verify program. If the government entity determines that the employer is not complying with this subsection, the government entity shall notify the employer by certified mail of the government entity’s determination of noncompliance and the employer’s right to appeal the determination. On a final determination of noncompliance, the employer shall repay all moneys received as an economic development incentive to the government entity within thirty days of the final determination.
   3.  Every three months, the attorney general shall request from the United States department of homeland security a list of employers from this state that are registered with the e-verify program. On receipt of the list of employers, the attorney general shall make the list available on the attorney general’s internet site.
    Sec. 5.  NEW SECTION.  321.518  Unlawful aliens —— vehicle immobilization or impoundment.
   1.  For purposes of this section:
   a.  “Immobilization” means the installation of a device in a motor vehicle that completely prevents a motor vehicle from being operated, or the installation of an ignition interlock device of a type approved by the commissioner of public safety.
   b.  “Impoundment” means the process of seizure and confinement within an enclosed area of a motor vehicle, for the purpose of restricting access to the vehicle.
   2.  A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that a person is driving the vehicle while any of the following applies:
   a.  In furtherance of the illegal presence of an alien in the United States and in violation of a criminal offense, the person is transporting or moving or attempting to transport or move an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, has entered, or remains in the United States in violation of law.
   b.  The person is concealing, harboring, or shielding or attempting to conceal, harbor, or shield from detection an alien in this state in a vehicle if the person knows or recklessly disregards the fact that the alien has come to, entered, or remains in the United States in violation of law.
    Sec. 6.  NEW SECTION.  823.1  Interference with enforcement prohibited.
   An official or agency of this state or a political subdivision of this state shall not limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.
    Sec. 7.  NEW SECTION.  823.2  Determination of immigration status.
   For a lawful contact made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a political subdivision of this state where reasonable suspicion exists that a person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. A law enforcement official or agency of this state or a political subdivision of this state shall not solely consider race, color, or national origin in implementing the requirements of this section except to the extent permitted by the Constitution of the United States or the Constitution of the State of Iowa. A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law enforcement officer or agency any of the following:
   1.  A valid Iowa driver’s license.
   2.  A valid Iowa nonoperator’s identification card.
   3.  A valid tribal enrollment card or other form of tribal identification.
   4.  A valid United States, state, or local government-issued identification if the government entity issuing the document requires proof of legal presence in the United States before issuance.
    Sec. 8.  NEW SECTION.  823.3  Notification of federal authority.
   If an alien who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or on the assessment of a monetary obligation that is imposed, an official or agency of this state or a political subdivision of this state shall immediately notify the United States immigration and customs enforcement or the United States customs and border protection.
    Sec. 9.  NEW SECTION.  823.4  Transportation of unlawful aliens.
   Notwithstanding any other provision of law, a law enforcement agency may securely transport an alien for whom the law enforcement agency has received verification that the alien is unlawfully present in the United States and who is in the law enforcement agency’s custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency. A law enforcement agency shall obtain judicial authorization before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside of this state.
    Sec. 10.  NEW SECTION.  823.5  Use of information for official purpose.
   Except as provided in federal law, an official or agency of this state or a political subdivision of this state shall not be prohibited or in any way be restricted from sending, receiving, or maintaining information relating to the immigration status, lawful or unlawful, of a person or exchanging that information with any other federal, state, or local governmental entity for any of the following official purposes:
   1.  Determining eligibility for a public benefit, service, or license provided by the federal, this state, or a local or other governmental subdivision of this state.
   2.  Verifying a claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.
   3.  If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by 8 U.S.C. §1301-1306.
   4.  Communicating with a federal government entity pursuant to 8 U.S.C. §1373 or 8 U.S.C. §1644.
    Sec. 11.  NEW SECTION.  823.6  Civil suit and penalty.
   A person who is a legal resident of this state may bring an action in district court to challenge an official or agency of this state or a political subdivision of this state that adopts or implements a policy or practice that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. If a judicial finding is made that an entity has violated this chapter, the court shall order that the entity pay a civil penalty of not less than one thousand dollars and not more than five thousand dollars for each day that the policy has remained in effect after the filing of an action pursuant to this section.
    Sec. 12.  NEW SECTION.  823.7  Remittance of civil penalty.
   A court shall collect the civil penalty prescribed in section 823.6 and remit the civil penalty to the treasurer of state for deposit in the unlawful alien enforcement fund created in section 80.41.
    Sec. 13.  NEW SECTION.  823.8  Court costs and attorney fees.
   The court may award court costs and reasonable attorney fees to a person or an official or agency of this state or a political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to section 823.6.
    Sec. 14.  NEW SECTION.  823.9  Indemnification.
   A law enforcement officer shall be indemnified by the officer’s agency against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with an action, suit, or proceeding brought pursuant to this chapter in which the officer may be a defendant by reason of the officer being or having been a member of the law enforcement agency, except in relation to matters in which the officer is adjudged to have acted in bad faith.
    Sec. 15.  NEW SECTION.  823.10  Consistency with existing law.
   This chapter shall be implemented and administered in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens.
    Sec. 16.  IMPLEMENTATION OF ACT.
   1.  This Act shall be implemented and administered in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens.
   2.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to unlawful aliens and law enforcement in Iowa.
   UNLAWFUL ALIEN IMMIGRATION FUND. The bill creates an unlawful alien enforcement fund in the state treasury under the control of the department of public safety, subject to appropriation by the general assembly. The bill provides that the fund will consist of certain penalties, as well as moneys appropriated by the general assembly. The bill requires the moneys in the fund to be used for enforcement of laws relating to unlawful aliens and for incarceration costs for unlawful aliens. Interest or earnings on moneys credited to the unlawful alien enforcement fund will be credited to the unlawful alien enforcement fund. Moneys credited to the unlawful alien enforcement fund at the end of a fiscal year will not revert to any other fund but will remain in the unlawful alien enforcement fund.
   EMPLOYMENT OF UNAUTHORIZED ALIENS PROHIBITED. The bill provides definitions relating to employment of unauthorized aliens. The bill prohibits employers that transact business in Iowa and that have a business license issued by an agency in Iowa from knowingly or intentionally employing unauthorized aliens. The bill directs the attorney general to prescribe a complaint form for alleged violations of the prohibition. The bill provides that complaints may be submitted to the attorney general or the county attorney in the county in which the alleged unauthorized alien is or was employed by the employer. The bill directs the attorney general or county attorney to investigate complaints, and to verify the work authorization of an alleged unauthorized alien with the federal government. The bill prohibits the attorney general or county attorney from investigating complaints that are based solely on race, color, or national origin. The bill allows a county sheriff or other local law enforcement to assist in an investigation. The bill provides that a person who knowingly files a false and frivolous complaint is guilty of a simple misdemeanor, which is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   The bill requires the attorney general or county attorney to notify United States immigration and customs enforcement, the local law enforcement agency, and, if the attorney general is the one investigating, the county attorney, of a complaint that is not false and not frivolous. The bill requires the county attorney to bring an action in district court against an employer for a violation in the county where the unauthorized alien employee is or was employed by the employer. The bill provides that such an action must be expedited by the court.
   The bill provides that for a first violation, the court must order the employer to terminate the employment of all unauthorized aliens and to submit a signed sworn affidavit to that effect or face suspension of business licenses by appropriate agencies. The court will also order a three-year probationary period for a knowing violation or a five-year probationary period for an intentional violation by an employer. For a knowing violation, the court may also order the suspension of the employer’s business licenses by appropriate agencies for up to 10 business days, after considering certain factors. For an intentional violation, the court must order the suspension of the employer’s business licenses by appropriate agencies for at least 10 business days, after considering certain factors. The bill provides that for a second violation, defined as a violation occurring during a probationary period for a previous violation, the court must order the permanent revocation of the employer’s business licenses. The bill directs the attorney general to maintain an online database of first-time offenders.
   The bill provides that the district court can only consider a determination by the federal government in determining the immigration status of an alleged unauthorized alien employed by an employer. The bill provides that a determination of lawful status by the federal government will create a rebuttable presumption of the employee’s lawful status, as well as a rebuttable presumption that an employer did not knowingly or intentionally employ an unauthorized alien. The bill provides that an employer who establishes that the employer complied in good faith with 8 U.S.C. §1324a(b) establishes an affirmative defense that the employer did not knowingly or intentionally employ an unauthorized alien. The bill provides that an employer is considered to have complied with the requirements of 8 U.S.C. §1324a(b), notwithstanding an isolated, sporadic, or accidental technical or procedural failure to meet the requirements, if there is a good-faith attempt to comply with the requirements. The bill provides an employer with an affirmative defense of entrapment if certain elements are met.
   The bill requires an employer hiring a new employee to verify the employee’s employment eligibility through the federal e-verify program. The bill requires the employer to keep records of the verification for the duration of the employee’s employment or three years, whichever is longer. The bill requires an employer receiving an economic development incentive from a state government entity to register with the federal e-verify program. The bill provides that an employer who does not comply with the requirement must repay all moneys received for the economic development incentive. The bill provides an employer the right to appeal a determination of noncompliance, and does not require repayment until a final determination of noncompliance is made. The bill directs the attorney general to request from the United States department of homeland security a list of employers registered with the e-verify program every three months. The bill directs the attorney general to make the list available on the attorney general’s internet site.
   IMMOBILIZATION OR IMPOUNDMENT OF VEHICLES. The bill requires a peace officer to immobilize or impound a vehicle if the officer determines that the driver, in furtherance of the illegal presence of an alien in the United States and while violating another criminal offense, is transporting or moving or attempting to transport or move an alien in the vehicle if the person knows or recklessly disregards the fact that the alien has come to, has entered, or remains in the United States illegally. The bill requires a peace officer to immobilize or impound a vehicle if the officer determines that the driver is concealing, harboring, or shielding or attempting to conceal, harbor, or shield from detection an alien in the vehicle if the person knows or recklessly disregards the fact that the alien has come to, entered, or remains in the United States illegally. The bill provides definitions.
   ENFORCEMENT OF IMMIGRATION LAWS. The bill creates new Code chapter 823, relating to enforcement of immigration laws. The bill prohibits officials and agencies of this state or its political subdivisions from restricting or limiting the enforcement of the federal immigration laws to less than the full extent permitted by federal law. The bill requires law enforcement officials and law enforcement agencies of this state or its political subdivisions to reasonably attempt to determine the immigration status of a person involved in a lawful contact where reasonable suspicion exists regarding the immigration status of the person, except if the determination may hinder or obstruct an investigation. The bill stipulates that a law enforcement official or agency cannot solely consider race, color, or national origin when implementing these provisions, except as permitted by the United States or Iowa constitution. The bill specifies that a person is presumed to be lawfully present if the person provides certain documentation. The bill provides that if a person is convicted of a violation of a state or local law, on discharge from imprisonment or on the assessment of any monetary obligation imposed, the United States immigration and customs enforcement or the United States customs and border protection must be immediately notified. The bill authorizes a law enforcement agency to securely transport an unlawfully present alien to a federal facility. The bill prohibits, except as provided in federal law, officials and agencies of this state and its political subdivisions from being prevented or restricted from sending, receiving, or maintaining information relating to the immigration status of an individual or exchanging that information with another governmental entity for certain official purposes.
   The bill allows a person who is a legal resident of this state to bring an action in district court to challenge officials and agencies of the state and its political subdivisions that adopt or implement a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law, and provides for a civil penalty. The bill provides for indemnification of law enforcement officers against actions brought under new Code chapter 823, except if the officer has been adjudged to have acted in bad faith. The bill stipulates that new Code chapter 823 is to be implemented consistent with federal immigration law protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens.
   IMPLEMENTATION OF ACT. The bill provides that the bill must be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.