House File 2671 - Reprinted
HOUSE FILE
BY COMMITTEE ON COMMERCE,
REGULATION AND LABOR
(SUCCESSOR TO HF 2446)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to illegal aliens of the United States including
2 restricting the allocation of housing trust fund moneys,
3 prohibiting the servicing of first mortgages, relating to
4 employment, and providing for penalties.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 6023HV 81
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PAG LIN
1 1 Section 1. Section 16.181, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 3A. Funds allocated from the housing
1 4 trust fund shall not be used for the provision of rental
1 5 housing for persons who are not lawfully present in the United
1 6 States. This subsection does not apply to funds allocated to
1 7 homeless shelters.
1 8 Sec. 2. NEW SECTION. 91F.1 DEFINITIONS.
1 9 As used in this chapter:
1 10 1. "Commissioner" means the labor commissioner.
1 11 2. "Employee" means a natural person who is employed in
1 12 this state for wages paid on an hourly basis by an employer.
1 13 3. "Employer" means a person, as defined in section 4.1,
1 14 who in this state employs for wages, paid on an hourly basis,
1 15 one or more natural persons. An employer does not include a
1 16 client, patient, customer, or other person who obtains
1 17 professional services from a licensed person who provides the
1 18 services on a fee service basis or as an independent
1 19 contractor, or the state, or an agency or governmental
1 20 subdivision of the state.
1 21 4. "Unauthorized alien" means a person who is not lawfully
1 22 present in the United States.
1 23 Sec. 3. NEW SECTION. 91F.2 UNAUTHORIZED ALIENS ==
1 24 EMPLOYER PROHIBITION.
1 25 An employer shall not knowingly employ as an employee an
1 26 unauthorized alien. For purposes of this section, "knowingly
1 27 employ as an employee an unauthorized alien" means an employer
1 28 has actual knowledge that a person is an unauthorized alien
1 29 and employs the person as an employee. An employer who
1 30 obtains a verification of employment eligibility form required
1 31 by the federal Immigration Reform and Control Act of 1986, 8
1 32 U.S.C. } 1324a, shall not be considered in violation of this
1 33 chapter.
1 34 Sec. 4. NEW SECTION. 91F.3 PENALTIES.
1 35 1. An employer who violates section 91F.2 is subject to a
2 1 civil penalty of up to one thousand dollars.
2 2 2. A corporate officer of an employer who, by knowingly
2 3 directing the repeated violation of section 91F.2,
2 4 demonstrates a pattern of employing unauthorized aliens
2 5 commits a serious misdemeanor.
2 6 3. An employer who, through repeated violation of section
2 7 91F.2, demonstrates a pattern of employing unauthorized aliens
2 8 may be ordered to pay punitive damages.
2 9 Sec. 5. NEW SECTION. 91F.4 DUTIES AND AUTHORITY OF THE
2 10 COMMISSIONER == ENFORCEMENT BY ATTORNEY GENERAL.
2 11 1. The commissioner shall adopt rules to implement and
2 12 enforce this chapter.
2 13 2. In order to carry out the purposes of this chapter, the
2 14 commissioner or the commissioner's representative, upon
2 15 presenting appropriate credentials to an employer's owner,
2 16 operator, or agent in charge, may:
2 17 a. Inspect employment records relating to the employees of
2 18 the employer.
2 19 b. Interview an employer, owner, operator, agent, or
2 20 employee, during working hours or at other reasonable times.
2 21 3. If the commissioner has reason to believe than an
2 22 employer may be in violation of this chapter, the commissioner
2 23 shall notify the attorney general, and provide the attorney
2 24 general with any supporting information, for prosecution of
2 25 the violation by the attorney general.
2 26 Sec. 6. NEW SECTION. 91F.5 PROHIBITIONS RELATING TO
2 27 CERTAIN ACTIONS BY EMPLOYEES == PENALTY == CIVIL REMEDY.
2 28 1. An employer shall not discharge an employee or take or
2 29 fail to take action regarding an employee's appointment or
2 30 proposed appointment or promotion or proposed promotion, or
2 31 regarding any advantage of an employee as a reprisal for a
2 32 failure by that employee to inform the employer that the
2 33 employee made a disclosure of information to any law
2 34 enforcement agency if the employee reasonably believes the
2 35 information evidences a violation of section 91F.2.
3 1 2. Subsection 1 does not apply if the disclosure of the
3 2 information is prohibited by statute.
3 3 3. An employer who violates subsection 1 commits a simple
3 4 misdemeanor.
3 5 4. Subsection 1 may be enforced through a civil action.
3 6 a. An employer who violates subsection 1 is liable to an
3 7 aggrieved employee for affirmative relief, including
3 8 reinstatement, with or without back pay, or any other
3 9 equitable relief the court deems appropriate, including
3 10 attorney fees and costs.
3 11 b. If an employer commits, is committing, or proposes to
3 12 commit an act in violation of subsection 1, an injunction may
3 13 be granted through an action in district court to prohibit the
3 14 person from continuing such acts. The action for injunctive
3 15 relief may be brought by an aggrieved employee or the attorney
3 16 general.
3 17 5. An employer shall not discharge an employee or take or
3 18 fail to take action regarding an employee's appointment or
3 19 proposed appointment or promotion or proposed promotion, or
3 20 regarding any advantage of an employee, or make a report
3 21 regarding the status of the employee as an unauthorized alien
3 22 to any federal department or agency as a reprisal against an
3 23 employee that made a report to a law enforcement agency that
3 24 the employee has been a victim of sexual abuse or sexual
3 25 harassment by another employee of the employer. A law
3 26 enforcement agency that accepts a report of sexual abuse or
3 27 sexual harassment as described in this subsection shall not
3 28 make a report regarding the status of the victim as an
3 29 unauthorized alien to any federal department or agency.
3 30 Sec. 7. NEW SECTION. 535B.11A MORTGAGES TO PERSONS
3 31 UNLAWFULLY PRESENT.
3 32 A licensee or other mortgagee shall not knowingly originate
3 33 a first mortgage loan for residential real estate located in
3 34 this state on or after July 1, 2007, that is intended to be
3 35 used as a primary residence in this state of a person who is
4 1 not lawfully present in the United States. The enforcement
4 2 provisions of section 535B.13 shall not apply to a violation
4 3 under this section. The attorney general may file an action
4 4 for injunctive relief against a licensee or other mortgagee
4 5 who violates this section. A licensee or other mortgagee who
4 6 complies with the customer identification program requirements
4 7 under 31 U.S.C. } 5318(l) shall not be considered in violation
4 8 of this section.
4 9 If a person who has agreed to buy residential real property
4 10 is denied a first mortgage loan pursuant to this section and
4 11 cannot otherwise comply with the terms of the agreement, the
4 12 seller of the property shall be entitled to any earnest money
4 13 or other trust funds held by a real estate broker pursuant to
4 14 section 543B.46 paid by the person or on behalf of the person
4 15 pursuant to the agreement.
4 16 HF 2671
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