Bill Text: IA HF2430 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the employment of unauthorized aliens and providing penalties. (Formerly HF 2156)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-03-19 - Referred to Judiciary. H.J. 582. [HF2430 Detail]
Download: Iowa-2011-HF2430-Introduced.html
House
File
2430
-
Introduced
HOUSE
FILE
2430
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2156)
A
BILL
FOR
An
Act
relating
to
the
employment
of
unauthorized
aliens
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
93.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Agency”
means
an
agency,
department,
board,
or
4
commission
of
this
state
or
a
political
subdivision
that
issues
5
a
license
for
purposes
of
operating
a
business
in
this
state.
6
2.
“Economic
development
incentive”
means
a
grant,
loan,
or
7
performance-based
incentive
awarded
by
a
government
entity
of
8
this
state.
“Economic
development
incentive”
does
not
include
a
9
tax
credit
or
tax
incentive
program.
10
3.
“Employ”
means
hiring
or
continuing
to
employ
an
11
individual
to
perform
services.
12
4.
“Employee”
means
an
individual
who
provides
services
13
or
labor
for
an
employer
in
this
state
for
wages
or
other
14
remuneration.
“Employee”
does
not
include
an
independent
15
contractor.
16
5.
“Employer”
means
a
person,
as
defined
in
chapter
4,
that
17
transacts
business
in
this
state,
that
has
a
license
issued
by
18
an
agency
in
this
state,
and
that
employs
one
or
more
employees
19
in
this
state.
“Employer”
includes
this
state,
a
political
20
subdivision
of
this
state,
and
a
self-employed
individual.
21
In
the
case
of
an
independent
contractor,
“employer”
means
22
the
independent
contractor
and
does
not
mean
the
person
or
23
organization
that
uses
the
contract
labor.
24
6.
“E-verify
program”
means
the
employment
verification
25
program
as
jointly
administered
by
the
United
States
department
26
of
homeland
security
and
the
United
States
social
security
27
administration
or
any
successor
program.
28
7.
“Government
entity”
means
this
state
or
a
political
29
subdivision
of
this
state
that
receives
and
uses
tax
revenues.
30
8.
a.
“Independent
contractor”
means
a
person
that
carries
31
on
an
independent
business,
that
contracts
to
do
a
piece
of
32
work
according
to
the
person’s
own
means
and
methods
and
that
33
is
subject
to
control
only
as
to
results.
Whether
a
person
is
34
an
independent
contractor
is
determined
on
a
case-by-case
basis
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through
various
factors,
including
whether
the
person
does
any
1
of
the
following:
2
(1)
Supplies
tools
or
materials.
3
(2)
Makes
services
available
to
the
general
public.
4
(3)
Works
or
may
work
for
a
number
of
clients
at
the
same
5
time.
6
(4)
Has
an
opportunity
for
profit
or
loss
as
a
result
of
7
labor
or
service
provided.
8
(5)
Invests
in
facilities
for
work.
9
(6)
Directs
the
order
or
sequence
in
which
the
work
is
10
completed.
11
(7)
Determines
the
hours
when
the
work
is
completed.
12
b.
Independent
contractor
status
includes
an
individual
who
13
performs
services
and
is
not
an
employee
pursuant
to
section
14
3508
of
the
Internal
Revenue
Code.
15
9.
“Knowingly
employ
an
unauthorized
alien”
means
the
16
actions
described
in
8
U.S.C.
§
1324a,
and
shall
be
interpreted
17
consistently
with
8
U.S.C.
§
1324a
and
any
applicable
federal
18
regulations.
19
10.
“License”
means
a
permit,
certificate,
approval,
20
registration,
charter,
or
similar
form
of
authorization,
other
21
than
a
professional
license,
that
is
required
by
law
and
that
22
is
issued
by
an
agency,
allowing
the
licensee
to
do
business
23
in
this
state.
24
11.
“Social
security
number
verification
service”
means
25
the
program
administered
by
the
United
States
social
security
26
administration
or
any
successor
program.
27
12.
“Unauthorized
alien”
means
an
alien
who
does
not
have
28
the
legal
right
or
authorization
under
federal
law
to
work
in
29
the
United
States
as
described
in
8
U.S.C.
§
1324a(h)(3).
30
Sec.
2.
NEW
SECTION
.
93.2
Knowingly
employing
unauthorized
31
aliens.
32
1.
Knowingly
employing
unauthorized
aliens
prohibited.
An
33
employer
shall
not
knowingly
employ
an
unauthorized
alien.
If
34
an
employer
uses
a
contract,
subcontract,
or
other
independent
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contractor
agreement
to
obtain
the
labor
of
an
alien
in
1
this
state,
and
the
employer
knowingly
contracts
with
an
2
unauthorized
alien
or
with
a
person
who
employs
or
contracts
3
with
an
unauthorized
alien
to
perform
the
labor,
the
employer
4
violates
this
subsection.
5
2.
Complaints.
6
a.
The
secretary
of
state
shall
prescribe
a
complaint
7
form
for
a
person
to
allege
a
violation
of
subsection
1.
The
8
complainant
shall
not
be
required
to
list
the
complainant’s
9
social
security
number
on
the
complaint
form
or
to
have
the
10
complaint
form
notarized.
Complaints
shall
be
submitted
to
the
11
county
sheriff
or
a
local
law
enforcement
agency
in
the
county
12
in
which
the
alleged
unauthorized
alien
is
or
was
employed
13
by
the
employer.
This
subsection
shall
not
be
construed
to
14
prohibit
the
filing
of
anonymous
complaints
that
are
not
15
submitted
on
a
prescribed
complaint
form.
16
b.
On
receipt
of
a
complaint
on
a
prescribed
complaint
17
form
which
alleges
that
an
employer
knowingly
employs
or
18
employed
a
named
individual
employee
who
is
an
unauthorized
19
alien,
the
county
sheriff
or
local
law
enforcement
agency
20
shall
investigate
whether
the
employer
has
violated
subsection
21
1.
On
receipt
of
a
complaint
on
a
prescribed
complaint
22
form
which
alleges
that
an
employer
knowingly
employs
or
23
employed
an
unauthorized
alien,
but
which
does
not
name
a
24
specific
individual
employee,
the
county
sheriff
or
local
law
25
enforcement
agency
may
investigate
whether
the
employer
has
26
violated
subsection
1.
If
a
complaint
is
received
but
is
not
27
submitted
on
a
prescribed
complaint
form
or
is
an
anonymous
28
complaint,
the
county
sheriff
or
local
law
enforcement
agency
29
may
investigate
whether
the
employer
has
violated
subsection
1.
30
c.
The
county
sheriff
or
local
law
enforcement
agency
shall
31
not
investigate
complaints
that
are
based
solely
on
race,
32
color,
or
national
origin.
When
investigating
a
complaint
33
alleging
that
a
named
individual
is
an
unauthorized
alien,
the
34
county
sheriff
or
local
law
enforcement
agency
shall
verify
the
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work
authorization
of
the
alleged
unauthorized
alien
with
the
1
federal
government
pursuant
to
8
U.S.C.
§
1373(c).
A
state,
2
county,
or
local
official
shall
not
attempt
to
independently
3
make
a
final
determination
on
whether
an
alien
is
authorized
4
to
work
in
the
United
States.
5
d.
A
person
who
knowingly
files
a
false
or
frivolous
6
complaint
under
this
subsection
is
guilty
of
a
simple
7
misdemeanor.
8
3.
Required
notifications.
If,
after
an
investigation,
9
the
county
sheriff
or
local
law
enforcement
agency
determines
10
that
the
complaint
is
not
false
and
not
frivolous,
the
11
county
sheriff
or
local
law
enforcement
agency
shall
ask
the
12
appropriate
county
attorney
to
bring
an
action
pursuant
to
13
subsection
4.
The
county
sheriff
or
local
law
enforcement
14
agency
shall
also
notify
United
States
immigration
and
customs
15
enforcement
of
the
unauthorized
alien.
16
4.
Court
action
required.
An
action
for
a
violation
of
17
subsection
1
shall
be
brought
against
the
employer
by
the
18
county
attorney
in
the
district
court
of
the
county
where
the
19
unauthorized
alien
employee
is
or
was
employed
by
the
employer.
20
The
district
court
shall
expedite
the
action,
including
21
assigning
a
hearing
at
the
earliest
practicable
date.
22
5.
Court
order
——
first
violation.
On
a
finding
of
a
first
23
violation
as
described
in
subsection
7,
the
court
shall
require
24
by
order
all
of
the
following:
25
a.
The
employer
shall
terminate
the
employment
of
all
26
unauthorized
aliens.
27
b.
(1)
The
employer
shall
be
subject
to
a
three-year
28
probationary
period
for
the
business
location
where
the
29
unauthorized
alien
performed
work.
30
(2)
During
the
probationary
period,
the
employer
shall
file
31
quarterly
reports
on
the
form
prescribed
in
section
252G.3
with
32
the
county
attorney
for
each
new
employee
who
is
hired
by
the
33
employer
at
the
business
location
where
the
unauthorized
alien
34
performed
work.
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c.
The
employer
shall
be
required
to
file
a
signed
sworn
1
affidavit
with
the
county
attorney
within
three
business
days
2
after
the
order
is
issued.
The
affidavit
shall
state
that
the
3
employer
has
terminated
the
employment
of
all
unauthorized
4
aliens
in
this
state
and
that
the
employer
will
not
knowingly
5
employ
an
unauthorized
alien
in
this
state.
6
(1)
The
court
shall
order
the
appropriate
agencies
to
7
suspend
all
licenses
that
are
held
by
the
employer
if
the
8
employer
fails
to
file
a
signed
sworn
affidavit
with
the
county
9
attorney
within
three
business
days
after
the
order
is
issued.
10
All
licenses
that
are
suspended
shall
remain
suspended
until
11
the
employer
files
a
signed
sworn
affidavit
with
the
county
12
attorney.
Upon
filing
of
the
affidavit,
the
suspended
licenses
13
shall
be
reinstated
immediately
by
the
appropriate
agencies.
14
(2)
Licenses
that
are
subject
to
suspension
under
this
15
paragraph
“c”
are
all
licenses
that
are
held
by
the
employer
16
specific
to
the
business
location
where
the
unauthorized
alien
17
performed
work.
If
the
employer
does
not
hold
a
license
18
specific
to
the
business
location
where
the
unauthorized
alien
19
performed
work,
but
a
license
is
necessary
to
operate
the
20
employer’s
business
in
general,
the
licenses
that
are
subject
21
to
suspension
under
this
paragraph
“c”
are
all
licenses
that
22
are
held
by
the
employer
at
the
employer’s
primary
place
of
23
business.
On
receipt
of
the
court’s
order,
the
appropriate
24
agencies
shall
suspend
the
licenses
according
to
the
court’s
25
order.
The
court
shall
send
a
copy
of
the
court’s
order
to
the
26
secretary
of
state
and
the
secretary
of
state
shall
maintain
27
the
copy
pursuant
to
subsection
8.
28
(3)
The
court
may
order
the
appropriate
agencies
to
suspend
29
all
licenses
described
in
this
paragraph
“c”
that
are
held
by
30
the
employer
for
not
more
than
ten
business
days.
The
court
31
shall
base
its
decision
to
suspend
under
this
subparagraph
32
on
any
evidence
or
information
submitted
to
it
during
the
33
action
for
a
violation
of
subsection
1
and
shall
consider
the
34
following
factors,
if
relevant:
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(a)
The
number
of
unauthorized
aliens
employed
by
the
1
employer.
2
(b)
Any
prior
misconduct
by
the
employer.
3
(c)
The
degree
of
harm
resulting
from
the
violation.
4
(d)
Whether
the
employer
made
good
faith
efforts
to
comply
5
with
any
applicable
requirements.
6
(e)
The
duration
of
the
violation.
7
(f)
The
role
of
the
directors,
officers,
or
principals
of
8
the
employer
in
the
violation.
9
(g)
Any
other
factors
the
court
deems
appropriate.
10
6.
Court
order
——
second
violation.
For
a
second
violation,
11
as
described
in
subsection
7,
the
court
shall
order
the
12
appropriate
agencies
to
permanently
revoke
all
licenses
that
13
are
held
by
the
employer
specific
to
the
business
location
14
where
the
unauthorized
alien
performed
work.
If
the
employer
15
does
not
hold
a
license
specific
to
the
business
location
16
where
the
unauthorized
alien
performed
work,
but
a
license
17
is
necessary
to
operate
the
employer’s
business
in
general,
18
the
court
shall
order
the
appropriate
agencies
to
permanently
19
revoke
all
licenses
that
are
held
by
the
employer
at
the
20
employer’s
primary
place
of
business.
On
receipt
of
the
order,
21
the
appropriate
agencies
shall
immediately
revoke
the
licenses.
22
7.
Violations
defined.
23
a.
A
violation
shall
be
considered
a
first
violation
by
24
an
employer
at
a
business
location
if
the
violation
did
not
25
occur
during
a
probationary
period
ordered
by
the
court
under
26
subsection
5,
paragraph
“b”
,
for
that
employer’s
business
27
location.
28
b.
A
violation
shall
be
considered
a
second
violation
by
29
an
employer
at
a
business
location
if
the
violation
occurred
30
during
a
probationary
period
ordered
by
the
court
under
31
subsection
5,
paragraph
“b”
,
for
that
employer’s
business
32
location.
33
8.
Secretary
of
state
database.
The
secretary
of
state
34
shallmaintain
copies
of
court
orders
that
are
received
pursuant
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to
subsection
5,
paragraph
“c”
,
and
shall
maintain
a
database
of
1
the
employers
and
business
locations
found
to
have
committed
2
a
first
violation
of
subsection
1
and
make
the
court
orders
3
available
on
the
secretary
of
state’s
internet
site.
4
9.
Federal
determination
governs.
In
determining
whether
5
an
employee
is
an
unauthorized
alien,
the
court
shall
consider
6
only
the
federal
government’s
determination
pursuant
to
8
7
U.S.C.
§
1373(c).
The
federal
government’s
determination
8
creates
a
rebuttable
presumption
of
the
employee’s
lawful
9
status.
The
court
may
take
judicial
notice
of
the
federal
10
government’s
determination
and
may
request
the
federal
11
government
to
provide
automated
or
testimonial
verification
12
pursuant
to
8
U.S.C.
§
1373(c).
13
10.
Good-faith
compliance.
For
the
purposes
of
this
14
section,
an
employer
that
establishes
that
it
has
complied
15
in
good
faith
with
the
requirements
of
8
U.S.C.
§
1324a(b)
16
establishes
a
conclusive
affirmative
defense
that
the
employer
17
did
not
knowingly
employ
an
unauthorized
alien.
An
employer
is
18
considered
to
have
complied
with
the
requirements
of
8
U.S.C.
§
19
1324a(b),
notwithstanding
an
isolated,
sporadic,
or
accidental
20
technical
or
procedural
failure
to
meet
the
requirements,
if
21
there
is
a
good-faith
attempt
to
comply
with
the
requirements.
22
11.
Entrapment
as
affirmative
defense.
23
a.
It
is
an
affirmative
defense
to
a
violation
of
subsection
24
1
that
the
employer
was
entrapped.
To
claim
entrapment,
the
25
employer
must
admit
by
the
employer’s
testimony
or
other
26
evidence
the
substantial
elements
of
the
violation.
An
27
employer
who
asserts
an
entrapment
defense
has
the
burden
28
of
proving
all
of
the
following
by
a
preponderance
of
the
29
evidence:
30
(1)
The
idea
of
committing
the
violation
started
with
law
31
enforcement
officers
or
their
agents
rather
than
with
the
32
employer.
33
(2)
The
law
enforcement
officers
or
their
agents
urged
and
34
induced
the
employer
to
commit
the
violation.
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(3)
The
employer
was
not
predisposed
to
commit
the
violation
1
before
the
law
enforcement
officers
or
their
agents
urged
and
2
induced
the
employer
to
commit
the
violation.
3
b.
An
employer
does
not
establish
entrapment
if
the
employer
4
was
predisposed
to
violate
subsection
1
and
the
law
enforcement
5
officers
or
their
agents
merely
provided
the
employer
with
an
6
opportunity
to
commit
the
violation.
It
is
not
entrapment
for
7
law
enforcement
officers
or
their
agents
merely
to
use
a
ruse
8
or
to
conceal
their
identity.
The
conduct
of
law
enforcement
9
officers
and
their
agents
may
be
considered
in
determining
if
10
an
employer
has
proven
entrapment.
11
Sec.
3.
NEW
SECTION
.
93.3
E-verify
program
——
employer
12
participation.
13
1.
An
employer,
after
hiring
an
employee,
shall
verify
the
14
employment
eligibility
of
the
employee
through
the
e-verify
15
program
and
shall
keep
a
record
of
the
verification
for
the
16
duration
of
the
employee’s
employment
or
at
least
three
years,
17
whichever
is
longer.
18
2.
In
addition
to
any
other
requirement
for
an
employer
to
19
receive
an
economic
development
incentive
from
a
government
20
entity,
the
employer
shall
register
with
and
participate
21
in
the
e-verify
program.
Before
receiving
the
economic
22
development
incentive,
the
employer
shall
provide
proof
to
the
23
government
entity
that
the
employer
is
registered
with
and
24
is
participating
in
the
e-verify
program.
If
the
government
25
entity
determines
that
the
employer
is
not
complying
with
this
26
subsection,
the
government
entity
shall
notify
the
employer
27
by
certified
mail
of
the
government
entity’s
determination
28
of
noncompliance
and
the
employer’s
right
to
appeal
the
29
determination.
On
a
final
determination
of
noncompliance,
30
the
employer
shall
repay
all
moneys
received
as
an
economic
31
development
incentive
to
the
government
entity
within
thirty
32
days
of
the
final
determination.
33
3.
Every
three
months,
the
secretary
of
state
shall
request
34
from
the
United
States
department
of
homeland
security
a
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list
of
employers
from
this
state
that
are
registered
with
1
the
e-verify
program.
On
receipt
of
the
list
of
employers,
2
the
secretary
of
state
shall
make
the
list
available
on
the
3
secretary
of
state’s
internet
site.
4
Sec.
4.
NEW
SECTION
.
93.4
Compliance
with
federal
and
state
5
law.
6
This
chapter
shall
not
be
construed
to
require
an
employer
to
7
take
any
action
that
the
employer
believes
in
good
faith
would
8
violate
federal
or
state
law.
9
Sec.
5.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
10
3,
shall
not
apply
to
this
Act.
11
EXPLANATION
12
This
bill
prohibits
employers
from
knowingly
employing
13
unauthorized
aliens.
The
bill
directs
the
secretary
of
14
state
to
prescribe
a
complaint
form
for
alleged
violations
of
15
the
prohibition.
The
bill
provides
that
complaints
may
be
16
submitted
to
the
county
sheriff
or
local
law
enforcement
agency
17
in
the
county
in
which
the
alleged
unauthorized
alien
is
or
was
18
employed
by
the
employer.
The
bill
directs
the
county
sheriff
19
or
local
law
enforcement
agency
to
investigate
complaints
they
20
receive,
and
to
verify
the
work
authorization
of
an
alleged
21
unauthorized
alien
with
the
federal
government.
The
bill
22
provides
that
the
investigation
is
discretionary
for
complaints
23
which
do
not
name
specific
employees,
anonymous
complaints,
24
and
complaints
not
submitted
on
a
prescribed
complaint
form.
25
The
bill
prohibits
the
county
sheriff
or
local
law
enforcement
26
agency
from
investigating
complaints
that
are
based
solely
27
on
race,
color,
or
national
origin.
The
bill
provides
that
28
a
person
who
knowingly
files
a
false
or
frivolous
complaint
29
is
guilty
of
a
simple
misdemeanor,
which
is
punishable
by
30
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
$65
31
but
not
more
than
$625
or
by
both.
32
The
bill
requires
the
county
sheriff
or
local
law
33
enforcement
agency
to
notify
United
States
immigration
and
34
customs
enforcement
and
the
county
attorney
of
a
complaint
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that
is
not
false
and
not
frivolous.
The
bill
requires
the
1
county
attorney
to
bring
an
action
in
district
court
against
an
2
employer
for
a
violation
in
the
county
where
the
unauthorized
3
alien
employee
is
or
was
employed
by
the
employer.
The
bill
4
provides
that
such
an
action
must
be
expedited
by
the
court.
5
The
bill
provides
that
for
a
first
violation,
the
court
6
must
order
the
employer
to
terminate
the
employment
of
all
7
unauthorized
aliens
and
to
submit
a
signed
sworn
affidavit
8
to
that
effect
or
face
suspension
of
business
licenses
by
9
appropriate
agencies.
The
court
will
also
order
a
three-year
10
probationary
period
for
the
employer.
The
court
may
also
11
order
the
suspension
of
the
employer’s
business
licenses
12
by
appropriate
agencies
for
up
to
10
business
days,
after
13
considering
certain
factors.
The
bill
provides
that
for
a
14
second
violation,
defined
as
a
violation
occurring
during
a
15
probationary
period
for
a
previous
violation,
the
court
must
16
order
the
permanent
revocation
of
the
employer’s
business
17
licenses.
The
bill
directs
the
secretary
of
state
to
maintain
18
an
online
database
of
first-time
offenders.
19
The
bill
provides
that
the
district
court
can
only
consider
20
a
determination
by
the
federal
government
in
determining
the
21
immigration
status
of
an
alleged
unauthorized
alien
employed
22
by
an
employer.
The
bill
provides
that
an
employer
who
23
establishes
that
the
employer
complied
in
good
faith
with
8
24
U.S.C.
§
1324a(b)
establishes
a
conclusive
affirmative
defense
25
that
the
employer
did
not
knowingly
employ
an
unauthorized
26
alien.
The
bill
provides
that
an
employer
is
considered
to
27
have
complied
with
the
requirements
of
8
U.S.C.
§
1324a(b),
28
notwithstanding
an
isolated,
sporadic,
or
accidental
technical
29
or
procedural
failure
to
meet
the
requirements,
if
there
is
a
30
good-faith
attempt
to
comply
with
the
requirements.
The
bill
31
provides
an
employer
with
an
affirmative
defense
of
entrapment
32
if
certain
elements
are
met.
33
The
bill
requires
an
employer
hiring
a
new
employee
to
34
verify
the
employee’s
employment
eligibility
through
the
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federal
e-verify
program.
The
bill
requires
the
employer
1
to
keep
records
of
the
verification
for
the
duration
of
the
2
employee’s
employment
or
three
years,
whichever
is
longer.
The
3
bill
requires
an
employer
receiving
an
economic
development
4
incentive
from
a
state
government
entity
to
register
with
the
5
federal
e-verify
program.
The
bill
provides
that
an
employer
6
who
does
not
comply
with
the
requirement
must
repay
all
moneys
7
received
for
the
economic
development
incentive.
The
bill
8
provides
an
employer
the
right
to
appeal
a
determination
of
9
noncompliance,
and
does
not
require
repayment
until
a
final
10
determination
of
noncompliance
is
made.
The
bill
directs
the
11
secretary
of
state
to
request
from
the
United
States
department
12
of
homeland
security
a
list
of
employers
registered
with
the
13
e-verify
program
every
three
months.
The
bill
directs
the
14
secretary
of
state
to
make
the
list
available
on
the
secretary
15
of
state’s
internet
site.
16
The
bill
provides
that
the
bill
shall
not
be
construed
17
to
require
an
employer
to
take
any
action
that
the
employer
18
believes
in
good
faith
would
violate
federal
or
state
law.
19
The
bill
may
include
a
state
mandate
as
defined
in
Code
20
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
21
subsection
3,
which
would
relieve
a
political
subdivision
from
22
complying
with
a
state
mandate
if
funding
for
the
cost
of
23
the
state
mandate
is
not
provided
or
specified.
Therefore,
24
political
subdivisions
are
required
to
comply
with
any
state
25
mandate
included
in
the
bill.
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