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House File 479 - IntroducedA Bill ForAn Act 1relating to enforcement of federal immigration laws by
2the state, counties, and cities, creating an immigration
3enforcement reimbursement fund, and making an appropriation.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 70A.41 State and local enforcement
2of federal immigration law.
31. The state, a county, a city, or any agency or employee
4thereof shall not engage in any action to enforce any federal
5immigration law unless, pursuant to statute, regulation, or
6memorandum of understanding, the following conditions have been
7met:
8a. A federal agency has agreed to fully reimburse the state
9for any expenditures, including legal costs and reimbursement
10costs pursuant to section 80.46, incurred through enforcement
11of any federal immigration law by the state, a county, or a
12city.
13b. A federal agency has agreed to defend the state, county,
14or city in the event of any legal action taken against the
15state, county, or city as a result of enforcement of any
16federal immigration law, and to fully indemnify the state,
17county, or city for any liability imposed in the course of such
18a legal action.
192. A county or city may submit a claim for reimbursement
20of any expenditures, including legal costs, incurred through
21enforcement of any federal immigration law to the department of
22public safety pursuant to section 80.46.
23 Sec. 2. NEW SECTION. 80.46 Immigration enforcement
24reimbursement fund — appropriation.
251. An immigration enforcement reimbursement fund is created
26in the state treasury under the control of the department. Any
27moneys appropriated or credited to the fund, including any
28federal moneys, are appropriated to the department of public
29safety to reimburse counties and cities for their expenditures,
30including legal costs, incurred through enforcement of any
31federal immigration law.
322. Notwithstanding section 12C.7, subsection 2, interest
33and earnings on moneys deposited in the fund shall be credited
34to the fund. Notwithstanding section 8.33, moneys remaining
35in the fund at the end of the fiscal year shall not revert to
-1-1any other fund but shall remain available to be used for the
2purposes specified in subsection 1.
33. The department shall adopt rules pursuant to chapter 17A
4to administer this section, including but not limited to rules
5for all of the following:
6a. Procedures for submission, verification, and payment of
7claims by counties and cities for reimbursement pursuant to
8this section.
9b. Acceptable documentation of expenditures, including legal
10costs, incurred through enforcement of any federal immigration
11law.
12c. Appeal procedures for determinations made by the
13department pursuant to this section.
144. There is hereby appropriated to the department for
15purposes of the immigration enforcement reimbursement fund
16out of any moneys in the treasury not otherwise appropriated
17an amount sufficient to reimburse counties and cities for
18their expenditures, including legal costs, incurred through
19enforcement of any federal immigration law.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill prohibits the state, a county, a city, or any
24agency or employee thereof from engaging in any action to
25enforce any federal immigration law unless, pursuant to
26statute, regulation, or memorandum of understanding, two
27conditions have been met.
28A federal agency must have agreed to fully reimburse the
29state for any expenditures, including legal costs and the cost
30of state reimbursement of counties and cities pursuant to the
31bill, incurred through enforcement of any federal immigration
32law by the state, a county, or a city. A federal agency must
33also have agreed to defend the state, county, or city in the
34event of any legal action taken against the state, county, or
35city as a result of enforcement of any federal immigration law
-2-1, and to fully indemnify the state, county, or city for any
2liability imposed in the course of such a legal action.
3The bill permits a county or city to submit a claim for
4reimbursement of any expenditures, including legal costs,
5incurred through enforcement of any federal immigration law to
6the department of public safety as provided in the bill.
7The bill creates an immigration enforcement reimbursement
8fund in the state treasury under the control of the department
9of public safety. Any moneys appropriated or credited to the
10fund, including any federal moneys, are appropriated to the
11department of public safety to reimburse counties and cities
12for their expenditures, including legal costs, incurred through
13compliance with enforcement of any federal immigration law.
14The bill requires the department to adopt rules relating to
15claims for reimbursement submitted pursuant to the bill.
16The bill creates a standing unlimited appropriation to
17the immigration enforcement reimbursement fund sufficient to
18reimburse counties and cities for their expenditures, including
19legal costs, incurred through compliance with any federal
20immigration law.
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2the state, counties, and cities, creating an immigration
3enforcement reimbursement fund, and making an appropriation.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 70A.41 State and local enforcement
2of federal immigration law.
31. The state, a county, a city, or any agency or employee
4thereof shall not engage in any action to enforce any federal
5immigration law unless, pursuant to statute, regulation, or
6memorandum of understanding, the following conditions have been
7met:
8a. A federal agency has agreed to fully reimburse the state
9for any expenditures, including legal costs and reimbursement
10costs pursuant to section 80.46, incurred through enforcement
11of any federal immigration law by the state, a county, or a
12city.
13b. A federal agency has agreed to defend the state, county,
14or city in the event of any legal action taken against the
15state, county, or city as a result of enforcement of any
16federal immigration law, and to fully indemnify the state,
17county, or city for any liability imposed in the course of such
18a legal action.
192. A county or city may submit a claim for reimbursement
20of any expenditures, including legal costs, incurred through
21enforcement of any federal immigration law to the department of
22public safety pursuant to section 80.46.
23 Sec. 2. NEW SECTION. 80.46 Immigration enforcement
24reimbursement fund — appropriation.
251. An immigration enforcement reimbursement fund is created
26in the state treasury under the control of the department. Any
27moneys appropriated or credited to the fund, including any
28federal moneys, are appropriated to the department of public
29safety to reimburse counties and cities for their expenditures,
30including legal costs, incurred through enforcement of any
31federal immigration law.
322. Notwithstanding section 12C.7, subsection 2, interest
33and earnings on moneys deposited in the fund shall be credited
34to the fund. Notwithstanding section 8.33, moneys remaining
35in the fund at the end of the fiscal year shall not revert to
-1-1any other fund but shall remain available to be used for the
2purposes specified in subsection 1.
33. The department shall adopt rules pursuant to chapter 17A
4to administer this section, including but not limited to rules
5for all of the following:
6a. Procedures for submission, verification, and payment of
7claims by counties and cities for reimbursement pursuant to
8this section.
9b. Acceptable documentation of expenditures, including legal
10costs, incurred through enforcement of any federal immigration
11law.
12c. Appeal procedures for determinations made by the
13department pursuant to this section.
144. There is hereby appropriated to the department for
15purposes of the immigration enforcement reimbursement fund
16out of any moneys in the treasury not otherwise appropriated
17an amount sufficient to reimburse counties and cities for
18their expenditures, including legal costs, incurred through
19enforcement of any federal immigration law.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill prohibits the state, a county, a city, or any
24agency or employee thereof from engaging in any action to
25enforce any federal immigration law unless, pursuant to
26statute, regulation, or memorandum of understanding, two
27conditions have been met.
28A federal agency must have agreed to fully reimburse the
29state for any expenditures, including legal costs and the cost
30of state reimbursement of counties and cities pursuant to the
31bill, incurred through enforcement of any federal immigration
32law by the state, a county, or a city. A federal agency must
33also have agreed to defend the state, county, or city in the
34event of any legal action taken against the state, county, or
35city as a result of enforcement of any federal immigration law
-2-1, and to fully indemnify the state, county, or city for any
2liability imposed in the course of such a legal action.
3The bill permits a county or city to submit a claim for
4reimbursement of any expenditures, including legal costs,
5incurred through enforcement of any federal immigration law to
6the department of public safety as provided in the bill.
7The bill creates an immigration enforcement reimbursement
8fund in the state treasury under the control of the department
9of public safety. Any moneys appropriated or credited to the
10fund, including any federal moneys, are appropriated to the
11department of public safety to reimburse counties and cities
12for their expenditures, including legal costs, incurred through
13compliance with enforcement of any federal immigration law.
14The bill requires the department to adopt rules relating to
15claims for reimbursement submitted pursuant to the bill.
16The bill creates a standing unlimited appropriation to
17the immigration enforcement reimbursement fund sufficient to
18reimburse counties and cities for their expenditures, including
19legal costs, incurred through compliance with any federal
20immigration law.
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