HF 479 (LSB 1485YH (4) 87)

HOUSE FILE 479

BY  ISENHART

A BILL FOR

An Act relating to enforcement of federal immigration laws by the state, counties, and cities, creating an immigration enforcement reimbursement fund, and making an appropriation. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  70A.41  State and local enforcement of federal immigration law.
   1.  The state, a county, a city, or any agency or employee thereof shall not engage in any action to enforce any federal immigration law unless, pursuant to statute, regulation, or memorandum of understanding, the following conditions have been met:
   a.  A federal agency has agreed to fully reimburse the state for any expenditures, including legal costs and reimbursement costs pursuant to section 80.46, incurred through enforcement of any federal immigration law by the state, a county, or a city.
   b.  A federal agency has agreed to defend the state, county, or city in the event of any legal action taken against the state, county, or city as a result of enforcement of any federal immigration law, and to fully indemnify the state, county, or city for any liability imposed in the course of such a legal action.
   2.  A county or city may submit a claim for reimbursement of any expenditures, including legal costs, incurred through enforcement of any federal immigration law to the department of public safety pursuant to section 80.46.
    Sec. 2.  NEW SECTION.  80.46  Immigration enforcement reimbursement fund —— appropriation.
   1.  An immigration enforcement reimbursement fund is created in the state treasury under the control of the department. Any moneys appropriated or credited to the fund, including any federal moneys, are appropriated to the department of public safety to reimburse counties and cities for their expenditures, including legal costs, incurred through enforcement of any federal immigration law.
   2.  Notwithstanding section 12C.7, subsection 2, interest and earnings on moneys deposited in the fund shall be credited to the fund. Notwithstanding section 8.33, moneys remaining in the fund at the end of the fiscal year shall not revert to any other fund but shall remain available to be used for the purposes specified in subsection 1.
   3.  The department shall adopt rules pursuant to chapter 17A to administer this section, including but not limited to rules for all of the following:
   a.  Procedures for submission, verification, and payment of claims by counties and cities for reimbursement pursuant to this section.
   b.  Acceptable documentation of expenditures, including legal costs, incurred through enforcement of any federal immigration law.
   c.  Appeal procedures for determinations made by the department pursuant to this section.
   4.  There is hereby appropriated to the department for purposes of the immigration enforcement reimbursement fund out of any moneys in the treasury not otherwise appropriated an amount sufficient to reimburse counties and cities for their expenditures, including legal costs, incurred through enforcement of any federal immigration law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits the state, a county, a city, or any agency or employee thereof from engaging in any action to enforce any federal immigration law unless, pursuant to statute, regulation, or memorandum of understanding, two conditions have been met.
   A federal agency must have agreed to fully reimburse the state for any expenditures, including legal costs and the cost of state reimbursement of counties and cities pursuant to the bill, incurred through enforcement of any federal immigration law by the state, a county, or a city. A federal agency must also have agreed to defend the state, county, or city in the event of any legal action taken against the state, county, or city as a result of enforcement of any federal immigration law , and to fully indemnify the state, county, or city for any liability imposed in the course of such a legal action.
   The bill permits a county or city to submit a claim for reimbursement of any expenditures, including legal costs, incurred through enforcement of any federal immigration law to the department of public safety as provided in the bill.
   The bill creates an immigration enforcement reimbursement fund in the state treasury under the control of the department of public safety. Any moneys appropriated or credited to the fund, including any federal moneys, are appropriated to the department of public safety to reimburse counties and cities for their expenditures, including legal costs, incurred through compliance with enforcement of any federal immigration law. The bill requires the department to adopt rules relating to claims for reimbursement submitted pursuant to the bill. 
   The bill creates a standing unlimited appropriation to the immigration enforcement reimbursement fund sufficient to reimburse counties and cities for their expenditures, including legal costs, incurred through compliance with any federal immigration law.