Bill Text: IA SF516 | 2019-2020 | 88th General Assembly | Amended
Bill Title: A bill for an act relating to the employment of unauthorized aliens and providing penalties. (Formerly SF 243.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2019-04-03 - Read first time, referred to Public Safety. H.J. 717. [SF516 Detail]
Download: Iowa-2019-SF516-Amended.html
Senate
File
516
-
Reprinted
SENATE
FILE
516
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
243)
(As
Amended
and
Passed
by
the
Senate
April
2,
2019
)
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
SF
516
(4)
88
je/rn/mb
S.F.
516
Section
1.
NEW
SECTION
.
95.1
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.
“Department”
means
the
department
of
workforce
7
development.
8
3.
“Economic
development
incentive”
means
a
grant,
loan,
or
9
performance-based
incentive
awarded
by
a
government
entity
of
10
this
state.
“Economic
development
incentive”
does
not
include
a
11
tax
credit
or
tax
incentive
program.
12
4.
“Employ”
means
hiring
or
continuing
to
employ
an
13
individual
to
perform
services.
14
5.
“Employee”
means
an
individual
who
is
paid
wages
by
an
15
employer
for
service
in
employment
in
this
state.
“Employee”
16
does
not
include
an
independent
contractor.
17
6.
“Employer”
means
an
employer,
as
defined
in
section
18
96.19,
that
has
a
license
issued
by
an
agency
in
this
state.
19
In
the
case
of
an
independent
contractor,
“employer”
means
20
the
independent
contractor
and
does
not
mean
the
person
or
21
organization
that
uses
the
contract
labor.
22
7.
“Employment”
means
the
same
as
defined
in
section
96.19.
23
8.
“E-verify
program”
means
the
employment
verification
24
program
as
jointly
administered
by
the
United
States
department
25
of
homeland
security
and
the
United
States
social
security
26
administration
or
any
successor
program.
27
9.
“Government
entity”
means
this
state
or
a
political
28
subdivision
of
this
state
that
receives
and
uses
tax
revenues.
29
10.
“Independent
contractor”
means
the
same
as
described
in
30
rules
adopted
by
the
department
for
purposes
of
administration
31
of
chapter
96.
32
11.
“Knowingly
employ
an
unauthorized
alien”
means
the
33
actions
described
in
8
U.S.C.
§1324a,
and
shall
be
interpreted
34
consistently
with
8
U.S.C.
§1324a
and
any
applicable
federal
35
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regulations.
1
12.
“License”
means
a
permit,
certificate,
approval,
2
registration,
charter,
or
similar
form
of
authorization,
other
3
than
a
professional
license,
that
is
required
by
law
and
that
4
is
issued
by
an
agency,
allowing
the
licensee
to
do
business
5
in
this
state.
6
13.
“Unauthorized
alien”
means
an
alien
who
does
not
have
7
the
legal
right
or
authorization
under
federal
law
to
work
in
8
the
United
States
as
described
in
8
U.S.C.
§1324a(h)(3).
9
14.
“Wages”
means
the
same
as
defined
in
section
96.19.
10
Sec.
2.
NEW
SECTION
.
95.2
Knowingly
employing
unauthorized
11
aliens.
12
1.
Knowingly
employing
unauthorized
aliens
prohibited.
An
13
employer
shall
not
knowingly
employ
an
unauthorized
alien.
If
14
an
employer
uses
a
contract,
subcontract,
or
other
independent
15
contractor
agreement
to
obtain
the
labor
of
an
alien
in
16
this
state,
and
the
employer
knowingly
contracts
with
an
17
unauthorized
alien
or
with
a
person
who
employs
or
contracts
18
with
an
unauthorized
alien
to
perform
the
labor,
the
employer
19
violates
this
subsection.
20
2.
Complaints
——
court
action
required.
A
county
attorney,
21
local
law
enforcement
official,
or
member
of
the
public
may
22
file
a
complaint
of
a
violation
of
subsection
1
with
the
23
department.
If
the
department
determines,
based
on
evidence
24
included
with
the
complaint
or
on
evidence
gathered
by
the
25
department,
that
an
employer
has
violated
subsection
1,
the
26
department
shall
bring
an
action
against
the
employer
in
the
27
district
court
of
the
county
where
the
unauthorized
alien
28
employee
is
or
was
employed
by
the
employer.
The
district
29
court
shall
expedite
the
action,
including
scheduling
a
hearing
30
at
the
earliest
practicable
date.
31
3.
Court
order
——
first
violation.
On
a
finding
of
a
first
32
violation
as
described
in
subsection
5,
the
court
shall
require
33
by
order
all
of
the
following:
34
a.
The
employer
shall
terminate
the
employment
of
all
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unauthorized
aliens.
1
b.
(1)
The
employer
shall
be
subject
to
a
three-year
2
probationary
period
for
the
business
location
where
the
3
unauthorized
alien
performed
work.
4
(2)
During
the
probationary
period,
the
employer
shall
file
5
quarterly
reports
on
the
form
prescribed
in
section
252G.3
6
with
the
department
for
each
new
employee
who
is
hired
by
the
7
employer
at
the
business
location
where
the
unauthorized
alien
8
performed
work.
9
c.
The
employer
shall
be
required
to
file
a
signed
sworn
10
affidavit
with
the
department
within
three
business
days
after
11
the
order
is
issued.
The
affidavit
shall
state
that
the
12
employer
has
terminated
the
employment
of
all
unauthorized
13
aliens
in
this
state
and
that
the
employer
will
not
knowingly
14
employ
an
unauthorized
alien
in
this
state.
15
(1)
The
court
shall
order
the
appropriate
agencies
to
16
suspend
all
licenses
that
are
held
by
the
employer
if
the
17
employer
fails
to
file
a
signed
sworn
affidavit
with
the
18
department
within
three
business
days
after
the
order
is
19
issued.
All
licenses
that
are
suspended
shall
remain
suspended
20
until
the
employer
files
a
signed
sworn
affidavit
with
the
21
department.
Upon
filing
of
the
affidavit,
the
suspended
22
licenses
shall
be
reinstated
immediately
by
the
appropriate
23
agencies.
24
(2)
Licenses
that
are
subject
to
suspension
under
this
25
paragraph
“c”
are
all
licenses
that
are
held
by
the
employer
26
specific
to
the
business
location
where
the
unauthorized
alien
27
performed
work.
If
the
employer
does
not
hold
a
license
28
specific
to
the
business
location
where
the
unauthorized
alien
29
performed
work,
but
a
license
is
necessary
to
operate
the
30
employer’s
business
in
general,
the
licenses
that
are
subject
31
to
suspension
under
this
paragraph
“c”
are
all
licenses
that
32
are
held
by
the
employer
at
the
employer’s
primary
place
of
33
business.
On
receipt
of
the
court’s
order,
the
appropriate
34
agencies
shall
suspend
the
licenses
according
to
the
court’s
35
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order.
The
court
shall
send
a
copy
of
the
court’s
order
to
the
1
secretary
of
state
and
the
secretary
of
state
shall
maintain
2
the
copy
pursuant
to
subsection
6.
3
(3)
The
court
may
order
the
appropriate
agencies
to
suspend
4
all
licenses
described
in
this
paragraph
“c”
that
are
held
by
5
the
employer
for
not
more
than
ten
business
days.
The
court
6
shall
base
its
decision
to
suspend
under
this
subparagraph
7
on
any
evidence
or
information
submitted
to
it
during
the
8
action
for
a
violation
of
subsection
1
and
shall
consider
the
9
following
factors,
if
relevant:
10
(a)
The
number
of
unauthorized
aliens
employed
by
the
11
employer.
12
(b)
Any
prior
misconduct
by
the
employer.
13
(c)
The
degree
of
harm
resulting
from
the
violation.
14
(d)
Whether
the
employer
made
good
faith
efforts
to
comply
15
with
any
applicable
requirements.
16
(e)
The
duration
of
the
violation.
17
(f)
The
role
of
the
directors,
officers,
or
principals
of
18
the
employer
in
the
violation.
19
(g)
Any
other
factors
the
court
deems
appropriate.
20
4.
Court
order
——
second
violation.
For
a
second
violation,
21
as
described
in
subsection
5,
the
court
shall
order
the
22
appropriate
agencies
to
permanently
revoke
all
licenses
that
23
are
held
by
the
employer
specific
to
the
business
location
24
where
the
unauthorized
alien
performed
work.
If
the
employer
25
does
not
hold
a
license
specific
to
the
business
location
26
where
the
unauthorized
alien
performed
work,
but
a
license
27
is
necessary
to
operate
the
employer’s
business
in
general,
28
the
court
shall
order
the
appropriate
agencies
to
permanently
29
revoke
all
licenses
that
are
held
by
the
employer
at
the
30
employer’s
primary
place
of
business.
On
receipt
of
the
order,
31
the
appropriate
agencies
shall
immediately
revoke
the
licenses.
32
5.
Violations
defined.
33
a.
A
violation
shall
be
considered
a
first
violation
by
34
an
employer
at
a
business
location
if
the
violation
did
not
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occur
during
a
probationary
period
ordered
by
the
court
under
1
subsection
3,
paragraph
“b”
,
for
that
employer’s
business
2
location.
3
b.
A
violation
shall
be
considered
a
second
violation
by
4
an
employer
at
a
business
location
if
the
violation
occurred
5
during
a
probationary
period
ordered
by
the
court
under
6
subsection
3,
paragraph
“b”
,
for
that
employer’s
business
7
location.
8
6.
Secretary
of
state
database.
The
secretary
of
state
9
shall
maintain
copies
of
court
orders
that
are
received
10
pursuant
to
subsection
3,
paragraph
“c”
,
and
shall
maintain
a
11
database
of
the
employers
and
business
locations
found
to
have
12
committed
a
first
violation
of
subsection
1
and
make
the
court
13
orders
available
on
the
secretary
of
state’s
internet
site.
14
7.
Federal
determination
creates
rebuttable
presumption.
In
15
determining
whether
an
employee
is
an
unauthorized
alien,
the
16
court
shall
consider
the
federal
government’s
determination
17
of
the
immigration
status
of
the
employee
pursuant
to
8
18
U.S.C.
§1373(c).
The
court
may
take
judicial
notice
of
the
19
federal
government’s
determination.
The
federal
government’s
20
determination
that
the
employee
is
an
unauthorized
alien
21
creates
a
rebuttable
presumption
of
the
employee’s
unauthorized
22
status.
The
employer
may
present
evidence
that
the
employee
23
is
not
an
unauthorized
alien.
24
8.
Good-faith
compliance.
For
the
purposes
of
this
section,
25
an
employer
that
establishes
that
it
has
complied
in
good
26
faith
with
the
requirements
of
8
U.S.C.
§1324a(b)
establishes
27
a
conclusive
affirmative
defense
that
the
employer
did
not
28
knowingly
employ
an
unauthorized
alien.
An
employer
is
29
considered
to
have
complied
with
the
requirements
of
8
U.S.C.
30
§1324a(b),
notwithstanding
an
isolated,
sporadic,
or
accidental
31
technical
or
procedural
failure
to
meet
the
requirements,
if
32
there
is
a
good-faith
attempt
to
comply
with
the
requirements.
33
For
purposes
of
this
subsection,
“good-faith
attempt
to
comply”
34
means
an
employer
to
which
all
of
the
following
apply
with
35
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respect
to
an
employee
hired
or
rehired
by
the
employer:
1
a.
The
employer
made
a
bona
fide
attempt
to
meet
the
2
requirements
for
completion
of
the
form
I-9
for
the
employee
3
found
in
8
C.F.R.
§274a.2(a)(3),
as
amended
through
January
1,
4
2019.
5
b.
The
employer
was
a
participating
employer
in
the
e-verify
6
program
at
the
time
the
employee
was
hired
or
rehired.
7
c.
The
employer
can
demonstrate
that
the
employer
attempted
8
to
verify
the
employment
eligibility
of
the
employee
through
9
the
e-verify
program.
10
9.
Entrapment
as
affirmative
defense.
11
a.
It
is
an
affirmative
defense
to
a
violation
of
subsection
12
1
that
the
employer
was
entrapped.
To
claim
entrapment,
the
13
employer
must
admit
by
the
employer’s
testimony
or
other
14
evidence
the
substantial
elements
of
the
violation.
An
15
employer
who
asserts
an
entrapment
defense
has
the
burden
16
of
proving
all
of
the
following
by
a
preponderance
of
the
17
evidence:
18
(1)
The
idea
of
committing
the
violation
started
with
law
19
enforcement
officers
or
their
agents
rather
than
with
the
20
employer.
21
(2)
The
law
enforcement
officers
or
their
agents
urged
and
22
induced
the
employer
to
commit
the
violation.
23
b.
An
employer
does
not
establish
entrapment
if
the
employer
24
was
predisposed
to
violate
subsection
1
and
the
law
enforcement
25
officers
or
their
agents
merely
provided
the
employer
with
26
an
opportunity
to
commit
the
violation.
The
conduct
of
law
27
enforcement
officers
and
their
agents
may
be
considered
in
28
determining
if
an
employer
has
proven
entrapment.
29
Sec.
3.
NEW
SECTION
.
95.3
E-verify
program
——
employer
30
participation
——
economic
development
incentives
from
government
31
entities.
32
1.
An
employer,
after
hiring
or
rehiring
an
employee,
shall
33
verify
the
employment
eligibility
of
the
employee
through
34
the
e-verify
program,
shall
certify
to
the
department
that
35
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the
employer
has
done
so,
and
shall
keep
a
record
of
the
1
verification
for
the
duration
of
the
employee’s
employment
or
2
at
least
three
years,
whichever
is
longer.
The
certification
3
shall
be
considered
a
record
under
section
96.11,
subsection
4
6,
and
rules
adopted
pursuant
thereto,
and
shall
be
submitted
5
to
the
department
within
the
time
period
required
by
rule
for
6
an
employer
to
submit
the
employer’s
contribution
and
payroll
7
report.
8
2.
In
addition
to
any
other
requirement
for
an
employer
to
9
receive
an
economic
development
incentive
from
a
government
10
entity,
the
employer
shall
register
with
and
participate
11
in
the
e-verify
program.
Before
receiving
the
economic
12
development
incentive,
the
employer
shall
provide
proof
to
the
13
government
entity
that
the
employer
is
registered
with
and
14
is
participating
in
the
e-verify
program.
If
the
government
15
entity
determines
that
the
employer
is
not
complying
with
this
16
subsection,
the
government
entity
shall
notify
the
employer
17
by
certified
mail
of
the
government
entity’s
determination
18
of
noncompliance
and
the
employer’s
right
to
appeal
the
19
determination.
On
a
final
determination
of
noncompliance,
20
the
employer
shall
repay
all
moneys
received
as
an
economic
21
development
incentive
to
the
government
entity
within
thirty
22
days
of
the
final
determination.
23
3.
Every
three
months,
the
secretary
of
state
shall
request
24
from
the
United
States
department
of
homeland
security
a
25
list
of
employers
from
this
state
that
are
registered
with
26
the
e-verify
program.
On
receipt
of
the
list
of
employers,
27
the
secretary
of
state
shall
make
the
list
available
on
the
28
secretary
of
state’s
internet
site.
29
Sec.
4.
NEW
SECTION
.
95.4
Compliance
with
federal
and
state
30
law.
31
This
chapter
shall
not
be
construed
to
require
an
employer
to
32
take
any
action
that
the
employer
believes
in
good
faith
would
33
violate
federal
or
state
law.
34
Sec.
5.
NEW
SECTION
.
95.5
Rules.
35
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88
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8
S.F.
516
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
1
carry
out
the
department’s
duties
under
this
chapter,
including
2
but
not
limited
to
processes
for
the
filing
of
complaints,
3
quarterly
reports,
and
affidavits
pursuant
to
section
95.2
and
4
certifications
pursuant
to
section
95.3
with
the
department.
5
Sec.
6.
NEW
SECTION
.
95.6
Use
of
federal
funds
by
6
department
prohibited.
7
The
department
shall
not
utilize
federal
funds,
or
personnel
8
or
any
other
department
resources
for
which
federal
funding
9
is
allocated,
to
carry
out
the
department’s
duties
under
this
10
chapter.
11
Sec.
7.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
12
3,
shall
not
apply
to
this
Act.
13
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8
