House Study Bill 663 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BILL) A BILL FOR An Act relating to qualifications for certain rights and 1 privileges prescribed by the state, including state 2 employment, professional licensure, voter registration, and 3 bail, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5716XL (10) 91 ss/ns
S.F. _____ H.F. _____ DIVISION I 1 IMMIGRATION STATUS —— STATE EMPLOYMENT AND LICENSURE 2 Section 1. Section 7E.3, Code 2026, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 6. Verification of United States citizenship 5 and immigration status. Use the e-verify system of the United 6 States citizenship and immigration services to confirm the 7 employment eligibility of newly hired employees. 8 Sec. 2. Section 10A.101, Code 2026, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 4. “SAVE program” means the systematic 11 alien verification for entitlements system of the United 12 States department of homeland security and the United States 13 citizenship and immigration services. 14 Sec. 3. NEW SECTION . 10A.113 SAVE program clearinghouse. 15 There is created within the department a SAVE program 16 clearinghouse, which shall serve as the central entity to 17 process requests to verify, using the SAVE program, the United 18 States citizenship and immigration status of an individual 19 who has applied for a professional license in this state. 20 The department shall adopt rules pursuant to chapter 17A to 21 implement this section. 22 Sec. 4. Section 10A.506, Code 2026, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 13. a. The licensing and regulation 25 examining boards included in the department pursuant to 26 subsection 1 shall use the SAVE program clearinghouse created 27 within the department pursuant to section 10A.113 to verify 28 the United States citizenship and immigration status of an 29 individual who has applied for a professional license from the 30 board. 31 b. A denial of an application for a professional license due 32 to the results of the SAVE program clearinghouse check shall 33 be appealed to the director and the director’s decision shall 34 constitute final agency action. 35 -1- LSB 5716XL (10) 91 ss/ns 1/ 7
S.F. _____ H.F. _____ Sec. 5. NEW SECTION . 262.9E Verification of citizenship and 1 immigration status. 2 The state board of regents and each institution of higher 3 education governed by the board shall use the e-verify system 4 of the United States citizenship and immigration services to 5 confirm the employment eligibility of newly hired employees. 6 Sec. 6. Section 272C.1, Code 2026, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 11. “SAVE program clearinghouse” means 9 the SAVE program clearinghouse created within the department 10 of inspections, appeals, and licensing pursuant to section 11 10A.113. 12 Sec. 7. Section 272C.4, Code 2026, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 11. Use the SAVE program clearinghouse to 15 confirm the United States citizenship and immigration status of 16 an individual who has applied for a professional license from 17 the board. 18 Sec. 8. Section 272C.10, Code 2026, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 9. For a license deemed a professional 21 license by the licensing board, unlawful presence in the United 22 States, as determined by using the SAVE program clearinghouse. 23 Sec. 9. NEW SECTION . 272C.15A Disqualifications for 24 unlawful presence. 25 A licensing board established after January 1, 1978, and 26 pursuant to the provisions of this chapter, shall not issue or 27 renew a professional license to an individual who the licensing 28 board is unable to verify is lawfully present in the United 29 States, as determined by using the SAVE program clearinghouse. 30 DIVISION II 31 VOTER REGISTRATION —— UNAUTHORIZED ALIENS 32 Sec. 10. Section 39A.2, subsection 1, paragraph a, 33 subparagraph (2), Code 2026, is amended to read as follows: 34 (2) Falsely swears to an oath required pursuant to section 35 -2- LSB 5716XL (10) 91 ss/ns 2/ 7
S.F. _____ H.F. _____ 48A.7A or 48A.11 . 1 Sec. 11. Section 48A.2, Code 2026, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 4A. “Unauthorized alien” means a person 4 who is unlawfully present in the United States under the 5 federal Immigration and Nationality Act, 8 U.S.C. §1101 et 6 seq., as modified by applicable federal statutes, rules, and 7 regulations. 8 Sec. 12. Section 48A.6, Code 2026, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 3. A person who is an unauthorized alien. 11 Sec. 13. Section 48A.11, Code 2026, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 9. Each voter registration form shall 14 include the following oath: 15 By submitting this form, I do solemnly swear and affirm that I 16 will protect and defend the Constitution of the United States 17 and the Constitution of the State of Iowa, that I am qualified 18 to register to vote under the Constitution and laws of the 19 State of Iowa, and that all information provided in my voter 20 registration application is true. I have carefully reviewed 21 the instructions for completing the Iowa voter registration 22 application, and I further swear or affirm that I am a United 23 States citizen. I understand that if I have provided false 24 information on my voter registration application that I could 25 be subject to criminal penalties for perjury and that I may be 26 fined, imprisoned, or, if not a United States citizen, deported 27 from or refused entry into the United States. 28 Sec. 14. NEW SECTION . 802.2H Election misconduct in the 29 first degree. 30 An information or indictment for election misconduct in 31 the first degree in violation of section 39A.2 shall be found 32 within five years after the commission of the offense. 33 Sec. 15. Section 802.3, Code 2026, is amended to read as 34 follows: 35 -3- LSB 5716XL (10) 91 ss/ns 3/ 7
S.F. _____ H.F. _____ 802.3 Felony —— aggravated or serious misdemeanor. 1 In all cases, except those enumerated in section 802.1 , 2 802.2 , 802.2A , 802.2B , 802.2C , 802.2D , 802.2E , 802.2F , 802.2G , 3 802.2H, or 802.10 , an indictment or information for a felony or 4 aggravated or serious misdemeanor shall be found within three 5 years after its commission. 6 DIVISION III 7 PRETRIAL DETENTION 8 Sec. 16. Section 811.1, subsection 1, Code 2026, is amended 9 by adding the following new paragraphs: 10 NEW PARAGRAPH . 0d. “Forcible felony” means the same as 11 defined in section 702.11. 12 NEW PARAGRAPH . 00d. “Indictable offense” means the same as 13 defined in section 801.4. 14 NEW PARAGRAPH . e. “Unauthorized alien” means a person 15 who is unlawfully present in the United States according to 16 the terms of the federal Immigration and Nationality Act, 8 17 U.S.C. §1101 et seq. “Unauthorized alien” shall be interpreted 18 consistently with any applicable federal statutes, rules, or 19 regulations. 20 Sec. 17. Section 811.1, subsection 2, unnumbered paragraph 21 1, Code 2026, is amended to read as follows: 22 All Except as provided in subsection 3, all defendants 23 are bailable both before and after conviction, by sufficient 24 surety, or subject to release upon condition or on their own 25 recognizance, except that the following defendants shall not be 26 admitted to bail: 27 Sec. 18. Section 811.1, Code 2026, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 3. a. Notwithstanding subsection 2, 30 all defendants are bailable before conviction, by sufficient 31 surety, or subject to release upon conditions or on their own 32 recognizance, except when the offense is for a forcible felony. 33 A charge for a forcible felony creates a rebuttable presumption 34 that the person is dangerous and that there is not a sufficient 35 -4- LSB 5716XL (10) 91 ss/ns 4/ 7
S.F. _____ H.F. _____ surety or condition of release that will reasonably assure 1 the personal safety of another person or persons. If a court 2 determines that there is probable cause to believe that the 3 defendant committed a forcible felony, then the defendant shall 4 be detained without bail. The prosecuting attorney, or the 5 court on its own motion, must move for pretrial detention. 6 The defendant may rebut the presumption by demonstrating, by 7 a preponderance of the evidence, that adequate conditions of 8 release will reasonably assure the personal safety of another 9 person or persons. 10 b. It shall be presumed that there are not sufficient 11 sureties or conditions of release that will secure the 12 appearance at trial of an unauthorized alien for an indictable 13 offense. If a court determines that there is probable cause to 14 believe that the defendant committed an indictable offense and 15 the court further determines by a preponderance of the evidence 16 that the defendant is an unauthorized alien, the prosecuting 17 attorney, or the court on its own motion, shall move for 18 pretrial detention. The defendant may rebut the presumption 19 by demonstrating, by a preponderance of the evidence, that 20 adequate conditions of release will secure the appearance of 21 the defendant at trial. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to qualifications for certain rights 26 and privileges prescribed by this state, including state 27 employment, professional licensure, voter registration, and 28 bail. 29 DIVISION I —— IMMIGRATION STATUS —— STATE EMPLOYMENT AND 30 LICENSURE. The bill requires each head of a department or 31 independent agency of this state, as well as the state board 32 of regents and each regents institution, to use the e-verify 33 system of the U.S. citizenship and immigration services to 34 confirm the employment eligibility of newly hired employees. 35 -5- LSB 5716XL (10) 91 ss/ns 5/ 7
S.F. _____ H.F. _____ The bill creates within the department of inspections, 1 appeals, and licensing a clearinghouse to process requests 2 to verify, using the systematic alien verification for 3 entitlements system of the U.S. department of homeland security 4 and the U.S. citizenship and immigration services (SAVE 5 program), the United States citizenship and immigration status 6 of individuals who have applied for a professional license 7 in this state. The bill requires professional licensing 8 boards to use the SAVE program clearinghouse to verify the 9 U.S. citizenship and immigration status of an individual who 10 has applied for a professional license from the board and to 11 decline to issue or renew a license if the licensing board is 12 unable to verify that the person is lawfully present in the 13 United States. The bill requires the denial of an application 14 for a professional license due to the results of the SAVE 15 program clearinghouse check to be appealed to the director of 16 the department of inspections, appeals, and licensing, and 17 the decision of the director shall constitute a final agency 18 action. 19 The bill also requires a licensing board established 20 after January 1, 1978, to adopt rules for the revocation or 21 suspension of a license that the licensing board deems to be 22 a professional license if the licensee is unlawfully present 23 in the United States, as determined by using the SAVE program 24 clearinghouse. 25 DIVISION II —— VOTER REGISTRATION —— UNAUTHORIZED ALIENS. 26 The bill disqualifies persons who are unauthorized aliens, 27 defined in the bill as persons who are unlawfully present in 28 the United States under the federal Immigration and Nationality 29 Act, from registering to vote and from voting. The bill 30 requires a person submitting a voter registration form to swear 31 an oath to protect and defend the constitutions of the United 32 States and of Iowa, that the person is qualified to register to 33 vote, and that the person has not submitted false information 34 in the voter registration form. A person falsely swearing this 35 -6- LSB 5716XL (10) 91 ss/ns 6/ 7
S.F. _____ H.F. _____ oath is guilty of election misconduct in the first degree, 1 a class “D” felony. A class “D” felony is punishable by 2 confinement for no more than five years and a fine of at least 3 $1,025 but not more than $10,245. 4 The bill provides that an information or indictment for 5 election misconduct in the first degree shall be found within 6 five years after the commission of the offense. Under current 7 law, an information or indictment for election misconduct in 8 the first degree must be found within three years after its 9 commission. 10 DIVISION III —— PRETRIAL DETENTION. The bill provides that 11 a charge for a forcible felony creates a rebuttable presumption 12 that the person is dangerous and that there is not a sufficient 13 surety or condition of release that will reasonably assure 14 the personal safety of another person or persons. If a court 15 determines that there is probable cause to believe that the 16 defendant committed a forcible felony, then the defendant shall 17 be detained without bail. The prosecuting attorney, or the 18 court on its own motion, must move for pretrial detention. 19 The defendant may rebut the presumption by demonstrating, by 20 a preponderance of the evidence, that adequate conditions of 21 release will reasonably assure the personal safety of another 22 person or persons. 23 The bill also provides that it shall be presumed that there 24 are not sufficient sureties or conditions of release that 25 will secure the appearance at trial of an unauthorized alien 26 for an indictable offense. If a court determines that there 27 is probable cause to believe that the defendant committed 28 an indictable offense and the court further determines by 29 a preponderance of the evidence that the defendant is an 30 unauthorized alien, the prosecuting attorney, or the court 31 on its own motion, shall move for pretrial detention. The 32 defendant may rebut the presumption by demonstrating, by a 33 preponderance of the evidence, that adequate conditions of 34 release will secure the appearance of the defendant at trial. 35 -7- LSB 5716XL (10) 91 ss/ns 7/ 7