House File 479 - Introduced HOUSE FILE 479 BY ISENHART A BILL FOR An Act relating to enforcement of federal immigration laws by 1 the state, counties, and cities, creating an immigration 2 enforcement reimbursement fund, and making an appropriation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1485YH (4) 87 je/rj

H.F. 479 Section 1. NEW SECTION . 70A.41 State and local enforcement 1 of federal immigration law. 2 1. The state, a county, a city, or any agency or employee 3 thereof shall not engage in any action to enforce any federal 4 immigration law unless, pursuant to statute, regulation, or 5 memorandum of understanding, the following conditions have been 6 met: 7 a. A federal agency has agreed to fully reimburse the state 8 for any expenditures, including legal costs and reimbursement 9 costs pursuant to section 80.46, incurred through enforcement 10 of any federal immigration law by the state, a county, or a 11 city. 12 b. A federal agency has agreed to defend the state, county, 13 or city in the event of any legal action taken against the 14 state, county, or city as a result of enforcement of any 15 federal immigration law, and to fully indemnify the state, 16 county, or city for any liability imposed in the course of such 17 a legal action. 18 2. A county or city may submit a claim for reimbursement 19 of any expenditures, including legal costs, incurred through 20 enforcement of any federal immigration law to the department of 21 public safety pursuant to section 80.46. 22 Sec. 2. NEW SECTION . 80.46 Immigration enforcement 23 reimbursement fund —— appropriation. 24 1. An immigration enforcement reimbursement fund is created 25 in the state treasury under the control of the department. Any 26 moneys appropriated or credited to the fund, including any 27 federal moneys, are appropriated to the department of public 28 safety to reimburse counties and cities for their expenditures, 29 including legal costs, incurred through enforcement of any 30 federal immigration law. 31 2. Notwithstanding section 12C.7, subsection 2, interest 32 and earnings on moneys deposited in the fund shall be credited 33 to the fund. Notwithstanding section 8.33, moneys remaining 34 in the fund at the end of the fiscal year shall not revert to 35 -1- LSB 1485YH (4) 87 je/rj 1/ 3

H.F. 479 any other fund but shall remain available to be used for the 1 purposes specified in subsection 1. 2 3. The department shall adopt rules pursuant to chapter 17A 3 to administer this section, including but not limited to rules 4 for all of the following: 5 a. Procedures for submission, verification, and payment of 6 claims by counties and cities for reimbursement pursuant to 7 this section. 8 b. Acceptable documentation of expenditures, including legal 9 costs, incurred through enforcement of any federal immigration 10 law. 11 c. Appeal procedures for determinations made by the 12 department pursuant to this section. 13 4. There is hereby appropriated to the department for 14 purposes of the immigration enforcement reimbursement fund 15 out of any moneys in the treasury not otherwise appropriated 16 an amount sufficient to reimburse counties and cities for 17 their expenditures, including legal costs, incurred through 18 enforcement of any federal immigration law. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill prohibits the state, a county, a city, or any 23 agency or employee thereof from engaging in any action to 24 enforce any federal immigration law unless, pursuant to 25 statute, regulation, or memorandum of understanding, two 26 conditions have been met. 27 A federal agency must have agreed to fully reimburse the 28 state for any expenditures, including legal costs and the cost 29 of state reimbursement of counties and cities pursuant to the 30 bill, incurred through enforcement of any federal immigration 31 law by the state, a county, or a city. A federal agency must 32 also have agreed to defend the state, county, or city in the 33 event of any legal action taken against the state, county, or 34 city as a result of enforcement of any federal immigration law 35 -2- LSB 1485YH (4) 87 je/rj 2/ 3

H.F. 479 , and to fully indemnify the state, county, or city for any 1 liability imposed in the course of such a legal action. 2 The bill permits a county or city to submit a claim for 3 reimbursement of any expenditures, including legal costs, 4 incurred through enforcement of any federal immigration law to 5 the department of public safety as provided in the bill. 6 The bill creates an immigration enforcement reimbursement 7 fund in the state treasury under the control of the department 8 of public safety. Any moneys appropriated or credited to the 9 fund, including any federal moneys, are appropriated to the 10 department of public safety to reimburse counties and cities 11 for their expenditures, including legal costs, incurred through 12 compliance with enforcement of any federal immigration law. 13 The bill requires the department to adopt rules relating to 14 claims for reimbursement submitted pursuant to the bill. 15 The bill creates a standing unlimited appropriation to 16 the immigration enforcement reimbursement fund sufficient to 17 reimburse counties and cities for their expenditures, including 18 legal costs, incurred through compliance with any federal 19 immigration law. 20 -3- LSB 1485YH (4) 87 je/rj 3/ 3