Bill Text: IA HF479 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-28 - Introduced, referred to Judiciary. H.J. 479. [HF479 Detail]
Download: Iowa-2017-HF479-Introduced.html
House File 479 - Introduced HOUSE FILE BY ISENHART A BILL FOR 1 An Act relating to enforcement of federal immigration laws by 2 the state, counties, and cities, creating an immigration 3 enforcement reimbursement fund, and making an appropriation. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1485YH (4) 87 je/rj PAG LIN 1 1 Section 1. NEW SECTION. 70A.41 State and local enforcement 1 2 of federal immigration law. 1 3 1. The state, a county, a city, or any agency or employee 1 4 thereof shall not engage in any action to enforce any federal 1 5 immigration law unless, pursuant to statute, regulation, or 1 6 memorandum of understanding, the following conditions have been 1 7 met: 1 8 a. A federal agency has agreed to fully reimburse the state 1 9 for any expenditures, including legal costs and reimbursement 1 10 costs pursuant to section 80.46, incurred through enforcement 1 11 of any federal immigration law by the state, a county, or a 1 12 city. 1 13 b. A federal agency has agreed to defend the state, county, 1 14 or city in the event of any legal action taken against the 1 15 state, county, or city as a result of enforcement of any 1 16 federal immigration law, and to fully indemnify the state, 1 17 county, or city for any liability imposed in the course of such 1 18 a legal action. 1 19 2. A county or city may submit a claim for reimbursement 1 20 of any expenditures, including legal costs, incurred through 1 21 enforcement of any federal immigration law to the department of 1 22 public safety pursuant to section 80.46. 1 23 Sec. 2. NEW SECTION. 80.46 Immigration enforcement 1 24 reimbursement fund ==== appropriation. 1 25 1. An immigration enforcement reimbursement fund is created 1 26 in the state treasury under the control of the department. Any 1 27 moneys appropriated or credited to the fund, including any 1 28 federal moneys, are appropriated to the department of public 1 29 safety to reimburse counties and cities for their expenditures, 1 30 including legal costs, incurred through enforcement of any 1 31 federal immigration law. 1 32 2. Notwithstanding section 12C.7, subsection 2, interest 1 33 and earnings on moneys deposited in the fund shall be credited 1 34 to the fund. Notwithstanding section 8.33, moneys remaining 1 35 in the fund at the end of the fiscal year shall not revert to 2 1 any other fund but shall remain available to be used for the 2 2 purposes specified in subsection 1. 2 3 3. The department shall adopt rules pursuant to chapter 17A 2 4 to administer this section, including but not limited to rules 2 5 for all of the following: 2 6 a. Procedures for submission, verification, and payment of 2 7 claims by counties and cities for reimbursement pursuant to 2 8 this section. 2 9 b. Acceptable documentation of expenditures, including legal 2 10 costs, incurred through enforcement of any federal immigration 2 11 law. 2 12 c. Appeal procedures for determinations made by the 2 13 department pursuant to this section. 2 14 4. There is hereby appropriated to the department for 2 15 purposes of the immigration enforcement reimbursement fund 2 16 out of any moneys in the treasury not otherwise appropriated 2 17 an amount sufficient to reimburse counties and cities for 2 18 their expenditures, including legal costs, incurred through 2 19 enforcement of any federal immigration law. 2 20 EXPLANATION 2 21 The inclusion of this explanation does not constitute agreement with 2 22 the explanation's substance by the members of the general assembly. 2 23 This bill prohibits the state, a county, a city, or any 2 24 agency or employee thereof from engaging in any action to 2 25 enforce any federal immigration law unless, pursuant to 2 26 statute, regulation, or memorandum of understanding, two 2 27 conditions have been met. 2 28 A federal agency must have agreed to fully reimburse the 2 29 state for any expenditures, including legal costs and the cost 2 30 of state reimbursement of counties and cities pursuant to the 2 31 bill, incurred through enforcement of any federal immigration 2 32 law by the state, a county, or a city. A federal agency must 2 33 also have agreed to defend the state, county, or city in the 2 34 event of any legal action taken against the state, county, or 2 35 city as a result of enforcement of any federal immigration law 3 1 , and to fully indemnify the state, county, or city for any 3 2 liability imposed in the course of such a legal action. 3 3 The bill permits a county or city to submit a claim for 3 4 reimbursement of any expenditures, including legal costs, 3 5 incurred through enforcement of any federal immigration law to 3 6 the department of public safety as provided in the bill. 3 7 The bill creates an immigration enforcement reimbursement 3 8 fund in the state treasury under the control of the department 3 9 of public safety. Any moneys appropriated or credited to the 3 10 fund, including any federal moneys, are appropriated to the 3 11 department of public safety to reimburse counties and cities 3 12 for their expenditures, including legal costs, incurred through 3 13 compliance with enforcement of any federal immigration law. 3 14 The bill requires the department to adopt rules relating to 3 15 claims for reimbursement submitted pursuant to the bill. 3 16 The bill creates a standing unlimited appropriation to 3 17 the immigration enforcement reimbursement fund sufficient to 3 18 reimburse counties and cities for their expenditures, including 3 19 legal costs, incurred through compliance with any federal 3 20 immigration law. LSB 1485YH (4) 87 je/rj
