Iowa 2017-2018 Regular Session Status: Enacted

SF 481 — A bill for an act relating to the enforcement of immigration laws and providing penalties and remedies, including the denial of state funds to certain entities. (Formerly SSB 1172.) Effective 7-1-18.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 07, 2017. Enacted.

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Where this bill stands today.

Odds of enactment

High

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Bill Text

What changed in the latest version

258 added · 265 removed

258 line(s) added, 265 removed.

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Senate File 481 - Reprinted SENATE FILE 481 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SSB 1172) (As Amended and Passed by the Senate April 12, 2017) A BILL FOR An Act relating to the enforcement of immigration laws and providing penalties and remedies, including the denial of state funds to certain entities.
Senate File 481 - Enrolled Senate File 481 AN ACT RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS AND PROVIDING PENALTIES AND REMEDIES, INCLUDING THE DENIAL OF STATE FUNDS TO CERTAIN ENTITIES.
SF 481 (3) 87 je/rj/jh S.F.
Section 1.
481 Section 1.
“Immigration detainer request” means a federal government request to a local entity to maintain temporary custody of an alien.
“Immigration detainer request” means a written federal government request to a local entity to maintain temporary custody of an alien, including a United States department of homeland security form I-247 or a similar or successor form.
“Immigration detainer request” includes verbal and written requests, including a United States department of homeland security form I-247 or a similar or successor form.
“Immigration detainer request” includes only written federal government requests that are accompanied by any of the following properly completed forms or similar or successor forms, if such forms or similar or successor forms are signed by an authorized United States immigration and customs enforcement officer:
a.
United States department of homeland security form I-200.
b.
United States department of homeland security form I-205.
“Lawful detention” excludes a detention if the sole reason for the detention is that a person is a victim of or witness to a public offense or is reporting a public offense.
“Lawful detention” excludes a detention if the sole reason for the Senate File 481, p.
2 detention is that a person is a victim of or witness to a public offense or is reporting a public offense.
The court, in a criminal proceeding in this state in SF 481 (3) 87 -1- je/rj/jh 1/7 S.F.
The court, in a criminal proceeding in this state in which the sentence requires a defendant who is the subject of an immigration detainer request to be confined in a correctional facility, shall issue an order at the time of sentencing requiring the correctional facility in which the defendant is to be confined and all appropriate government officers to require the defendant to be transferred to serve in federal custody the final portion of the defendant’s sentence, not to exceed a period of seven days, if a facility or officer determines that the change in the place of confinement will facilitate the seamless transfer of the defendant into federal custody.
481 which the sentence requires a defendant who is the subject of an immigration detainer request to be confined in a correctional facility, shall issue an order at the time of sentencing requiring the correctional facility in which the defendant is to be confined and all appropriate government officers to require the defendant to be transferred to serve in federal custody the final portion of the defendant’s sentence, not to exceed a period of seven days, if a facility or officer determines that the change in the place of confinement will facilitate the seamless transfer of the defendant into federal custody.
In the absence of an order issued under this section, a facility or officer acting under exigent circumstances may perform such a transfer after making a determination that the change in the place of confinement will facilitate the seamless transfer of the defendant into federal custody.
In the absence of an order issued under this section, Senate File 481, p.
3 a facility or officer acting under exigent circumstances may perform such a transfer after making a determination that the change in the place of confinement will facilitate the seamless transfer of the defendant into federal custody.
SF 481 (3) 87 -2- je/rj/jh 2/7 S.F.
a.
481 a.
No later than January 1, 2018, each state or local law enforcement agency subject to this chapter shall do all of the following:
No later than January 1, 2019, each state or local law Senate File 481, p.
4 enforcement agency subject to this chapter shall do all of the following:
A local entity or a person employed by or otherwise under the direction or control of a local entity shall not consider race, skin color, language spoken, or national origin while SF 481 (3) 87 -3- je/rj/jh 3/7 S.F.
A local entity or a person employed by or otherwise under the direction or control of a local entity shall not consider race, skin color, language spoken, or national origin while enforcing immigration laws except to the extent permitted by the Constitution of the United States or the Constitution of the State of Iowa.
481 enforcing immigration laws except to the extent permitted by the Constitution of the United States or the Constitution of the State of Iowa.
Any person, including a federal agency, may file a complaint with the attorney general or a county attorney alleging that a local entity has violated or is violating this chapter if the person offers evidence to support such an allegation.
Any person, including a federal agency, may file a complaint with the attorney general alleging that a local entity has violated or is violating this chapter if the person offers evidence to support such an allegation.
A local entity for which the attorney general or county attorney has received a complaint pursuant to this section shall comply with any document requests, including a request for supporting documents, from the attorney general or county attorney relating to the complaint.
A local entity for which the attorney general has received a complaint pursuant to this section shall comply with any document requests, including a request for supporting documents, from the attorney general relating to the complaint.
A complaint filed pursuant to subsection 1 shall not be valid unless the attorney general or county attorney determines that a violation of this chapter by a local entity was intentional.
A complaint filed pursuant to subsection 1 shall not be Senate File 481, p.
5 valid unless the attorney general determines that a violation of this chapter by a local entity was intentional.
If the attorney general or county attorney determines that a complaint filed pursuant to this section against a local entity is valid, the attorney general or county attorney, not later than ten days after the date of such a determination, shall provide written notification to the local entity by certified mail, with return receipt requested, stating all of SF 481 (3) 87 -4- je/rj/jh 4/7 S.F.
If the attorney general determines that a complaint filed pursuant to this section against a local entity is valid, the attorney general, not later than ten days after the date of such a determination, shall provide written notification to the local entity by certified mail, with return receipt requested, stating all of the following:
481 the following:
The attorney general or county attorney has determined that the complaint is valid.
The attorney general has determined that the complaint is valid.
The attorney general or county attorney is authorized to file a civil action in district court pursuant to subsection 6 to enjoin a violation of this chapter no later than forty days after the date on which the notification is received if the local entity does not come into compliance with the requirements of this chapter.
The attorney general is authorized to file a civil action in district court pursuant to subsection 6 to enjoin a violation of this chapter no later than forty days after the date on which the notification is received if the local entity does not come into compliance with the requirements of this chapter.
No later than thirty days after the date on which a local entity receives written notification under subsection 4, the local entity shall provide the attorney general or county attorney with all of the following:
No later than thirty days after the date on which a local entity receives written notification under subsection 4, the local entity shall provide the attorney general with all of the following:
No later than forty days after the date on which the notification pursuant to subsection 4 is received, the attorney general or county attorney shall file a civil action in district court to enjoin any ongoing violation of this chapter by a local entity.
No later than forty days after the date on which the notification pursuant to subsection 4 is received, the attorney Senate File 481, p.
SF 481 (3) 87 -5- je/rj/jh 5/7 S.F.
6 general shall file a civil action in district court to enjoin any ongoing violation of this chapter by a local entity.
481 Sec.
Sec.
Except as provided by subsection 5, no earlier than twelve months after the date of a final judicial determination that a local entity has intentionally violated the provisions of this chapter, the local entity may petition the district court that heard the civil action brought pursuant to section 825.8, subsection 6, to seek a declaratory judgment that the local entity is in full compliance with this chapter.
Except as provided by subsection 5, no earlier than ninety days after the date of a final judicial determination that a local entity has intentionally violated the provisions of this chapter, the local entity may petition the district court that heard the civil action brought pursuant to section 825.8, subsection 6, to seek a declaratory judgment that the local entity is in full compliance with this chapter.
A local entity that petitions the court as described by subsection 1 shall comply with any document requests, including a request for supporting documents, from the attorney general or county attorney relating to the action.
A local entity that petitions the court as described by subsection 1 shall comply with any document requests, including a request for supporting documents, from the attorney general relating to the action.
If the court issues a declaratory judgment declaring that the local entity is in full compliance with this chapter, the SF 481 (3) 87 -6- je/rj/jh 6/7 S.F.
If the court issues a declaratory judgment declaring that the local entity is in full compliance with this chapter, the local entity’s eligibility to receive state funds is reinstated Senate File 481, p.
481 local entity’s eligibility to receive state funds is reinstated beginning on the first day of the month following the date on which the declaratory judgment is issued.
7 beginning on the first day of the month following the date on which the declaratory judgment is issued.
SF 481 (3) 87 -7- je/rj/jh 7/7
______________________________ ______________________________ CHARLES SCHNEIDER LINDA UPMEYER President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 481, Eighty-seventh General Assembly.
______________________________ W.
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2018 ______________________________ KIM REYNOLDS Governor
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Amendments

11 amendments

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by President and Speaker, and sent to Governor.

  3. Message from Senate.

  4. Immediate message.

  5. Passed Senate, ayes 28, nays 18.

  6. Senate concurred with S-5216.

  7. Amendment S-5227 to S-5216 filed, lost.

  8. Amendment S-5228 to S-5216 filed, lost.

  9. Deferred.

  10. Deferred.

  11. Message from House, with amendment S-5216.

  12. Immediate message.

  13. Passed House, ayes 55, nays 45.

  14. Point of order raised, Rule 10, decorum in debate, ruled point not well taken.

  15. Point of order raised, Rule 10, decorum in debate, ruled point well taken.

  16. Point of order raised, Rule 10, decorum in debate, Speaker resolved point of order

  17. Point of order raised, Rule 10, decorum in debate, ruled point not well taken.

  18. Deferred, retained on calendar.

  19. Point of order raised, Rule 10, decorum in debate, ruled point well taken.

  20. Amendment H-8347 filed, withdrawn.

  21. Amendment H-8321 withdrawn.

  22. Amendment H-8336 adopted.

  23. Committee amendment H-8202 adopted, as amended.

  24. Motion to suspend rules failed.

  25. Motion to suspend rules for immediate consideration of H-8240, to committee amendment H-8202.

  26. Point of order raised on H-8240 to committee amendment H-8202, ruled not germane.

  27. Amendment H-8319 to committee amendment H-8202 filed, adopted.

  28. Amendment H-8336 filed.

  29. Amendments H-8319 and H-8321 filed.

  30. Placed on calendar under unfinished business.

  31. Fiscal note.

  32. Amendment H-8240 filed.

  33. Committee amendment H-8202 filed.

  34. Committee report, recommending amendment and passage.

  35. Subcommittee recommends passage.

  36. Fiscal note.

  37. Subcommittee: Holt, Breckenridge and Heartsill.

  38. Read first time, referred to Public Safety.

  39. Message from Senate.

  40. Immediate message.

  41. Passed Senate, ayes 32, nays 15, present 1.

  42. Amendment S-3300 adopted.

  43. Amendment S-3315 filed, lost.

  44. Deferred.

  45. Amendment S-3300 filed.

  46. Placed on calendar under unfinished business.

  47. Committee report, approving bill.

  48. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

immigration
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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This bill has been enacted into law. Introduced March 07, 2017. Enacted.
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