Bill Text: IA SF102 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to illegal immigration, providing penalties, and including effective date provisions.
Spectrum: Strong Partisan Bill (Republican 18-1)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF102 Detail]
Download: Iowa-2011-SF102-Introduced.html
Senate
File
102
-
Introduced
SENATE
FILE
102
BY
SORENSON
,
CHELGREN
,
BERTRAND
,
FEENSTRA
,
BOETTGER
,
SEYMOUR
,
BARTZ
,
ANDERSON
,
BACON
,
HAMERLINCK
,
BEHN
,
JOHNSON
,
KAPUCIAN
,
HAHN
,
McKINLEY
,
ERNST
,
DIX
,
SMITH
,
and
WHITVER
A
BILL
FOR
An
Act
relating
to
illegal
immigration,
providing
penalties,
1
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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102
Section
1.
NEW
SECTION
.
13.11
Memorandum
of
understanding
1
——
immigration
issues.
2
1.
The
attorney
general
shall
negotiate
the
terms
of
a
3
memorandum
of
understanding
between
the
state
of
Iowa
and
4
the
United
States
department
of
justice
or
the
United
States
5
department
of
homeland
security
concerning
the
enforcement
of
6
federal
immigration
and
custom
laws,
detention
and
removal
of
7
unauthorized
aliens,
and
investigations
in
the
state
of
Iowa.
8
2.
The
memorandum
of
understanding
shall
be
signed
on
behalf
9
of
this
state
by
the
attorney
general
and
the
governor
or
as
10
otherwise
required
by
the
appropriate
federal
agency.
11
3.
A
local
governmental
entity
shall
not
enact
any
ordinance
12
or
policy
that
limits
or
prohibits
a
law
enforcement
officer,
13
local
official,
or
local
government
employee
from
communicating
14
or
cooperating
with
federal
officials
with
regard
to
the
15
immigration
status
of
any
person
within
this
state.
16
4.
Notwithstanding
any
other
provision
of
law,
a
17
governmental
entity
or
official
within
this
state
shall
not
18
prohibit,
or
in
any
way
restrict,
any
governmental
entity
or
19
official
from
sending
to,
or
receiving
from,
the
United
States
20
department
of
homeland
security,
information
regarding
the
21
citizenship
or
immigration
status,
lawful
or
unlawful,
of
any
22
person.
23
5.
Notwithstanding
any
other
provision
of
law,
a
person
or
24
governmental
agency
shall
not
prohibit,
or
in
any
way
restrict,
25
a
public
employee
from
doing
any
of
the
following
with
respect
26
to
information
regarding
the
immigration
status,
lawful
or
27
unlawful,
of
any
person:
28
a.
Sending
information
to,
or
requesting
or
receiving
such
29
information
from,
the
United
States
department
of
homeland
30
security.
31
b.
Maintaining
the
information
in
paragraph
“a”
.
32
c.
Exchanging
the
information
in
paragraph
“a”
with
any
33
other
federal,
state,
or
local
governmental
entity.
34
6.
Any
natural
person
lawfully
domiciled
in
this
state
may
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102
file
for
a
writ
of
mandamus
to
compel
any
noncooperating
local
1
or
state
governmental
entity
to
comply
with
the
information
2
sharing
provisions
set
forth
in
this
section.
3
Sec.
2.
NEW
SECTION
.
91A.15
Independent
contractors
——
wage
4
withholding.
5
1.
An
employer
shall
withhold
state
income
tax
at
the
6
rate
of
six
percent
of
the
amount
of
compensation
paid
to
7
an
individual,
which
compensation
is
required
to
be
reported
8
on
internal
revenue
service
form
1099
and
with
respect
to
9
which
the
individual
has
failed
to
provide
a
valid
social
10
security
number
issued
by
the
United
States
social
security
11
administration.
12
2.
An
employer
who
fails
to
comply
with
the
withholding
13
requirements
of
subsection
1
shall
be
liable
for
the
taxes
14
required
to
have
been
withheld
unless
the
employer
is
exempt
15
from
federal
withholding
with
respect
to
such
an
individual
16
pursuant
to
a
properly
filed
internal
revenue
service
form
8233
17
or
its
equivalent,
and
has
provided
a
copy
of
such
form
to
the
18
department
of
revenue.
19
Sec.
3.
NEW
SECTION
.
91F.1
Definitions.
20
As
used
in
this
chapter,
unless
the
context
otherwise
21
requires:
22
1.
“Commissioner”
means
the
labor
commissioner
appointed
23
pursuant
to
section
91.2,
or
the
commissioner’s
designee.
24
2.
“E-verify
program”
means
one
of
the
following:
25
a.
The
electronic
verification
of
work
authorization
status
26
program
authorized
by
the
federal
Illegal
Immigration
Reform
27
and
Immigrant
Responsibility
Act
of
1996,
8
U.S.C.
§
1324a,
28
operated
by
the
United
States
department
of
homeland
security.
29
b.
Any
federal
work
authorization
status
program
equivalent
30
to
the
program
described
in
paragraph
“a”
and
operated
by
31
the
United
States
department
of
homeland
security
or
any
32
other
designated
federal
agency
authorized
to
verify
the
work
33
authorization
status
of
newly
hired
employees,
pursuant
to
the
34
federal
Immigration
Reform
and
Control
Act
of
1986,
Pub.
L.
No.
35
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99-603.
1
3.
“Public
employer”
means
this
state,
its
boards,
2
commissions,
agencies,
and
departments,
and
its
political
3
subdivisions
including
school
districts
and
other
special
4
purpose
districts.
5
4.
“Subcontractor”
means
a
subcontractor,
contract
6
employee,
staffing
agency,
or
any
contractor
regardless
of
the
7
contractor’s
tier.
8
5.
“Unfair
trade
practice”
means
any
practice
that
offends
9
established
public
policy
or
is
immoral,
unethical,
oppressive,
10
unscrupulous,
or
substantially
injurious
to
consumers.
11
Sec.
4.
NEW
SECTION
.
91F.2
E-verify
program
——
12
participation.
13
1.
Each
public
employer
shall
register
and
participate
in
14
the
e-verify
program
to
verify
the
work
authorization
status
15
of
all
newly
hired
employees.
16
2.
a.
A
public
employer
shall
not
enter
into
a
contract
17
for
the
performance
of
services
within
this
state
unless
the
18
contractor
registers
and
participates
in
the
e-verify
program
19
to
verify
the
work
authorization
status
of
all
newly
hired
20
employees.
21
b.
A
contractor
or
subcontractor
shall
not
enter
into
a
22
contract
or
subcontract
with
a
public
employer
in
connection
23
with
the
physical
performance
of
services
within
this
24
state
unless
the
contractor
or
subcontractor
registers
and
25
participates
in
the
e-verify
program
to
verify
the
work
26
authorization
status
of
all
newly
hired
employees.
27
3.
The
discharge
of
any
United
States
citizen
or
permanent
28
resident
alien
employee
by
an
employer
of
this
state,
who,
on
29
the
date
of
the
discharge
employed
an
unauthorized
alien,
as
30
defined
in
section
710B.1,
shall
constitute
an
unfair
trade
31
practice,
and
the
discharged
employee
shall
have
a
private
32
right
of
action
for
such
unfair
trade
practice.
33
4.
The
provisions
of
this
chapter
shall
be
enforced
without
34
regard
to
race,
religion,
gender,
ethnicity,
or
national
35
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origin.
1
5.
The
commissioner
shall
prescribe
forms
and
administer
2
and
effectuate
the
provisions
of
this
chapter
and
publish
any
3
rules
on
the
department
of
workforce
development’s
internet
4
site.
5
Sec.
5.
NEW
SECTION
.
234.15
Citizenship
verification
6
program
——
public
benefits.
7
1.
Except
as
provided
in
subsection
3
or
where
exempted
8
by
federal
law,
every
state
agency
and
political
subdivision
9
of
this
state
shall
verify
the
lawful
presence
in
the
United
10
States
of
any
natural
person
fourteen
years
of
age
and
older
11
who
has
applied
for
state
or
local
public
benefits,
as
defined
12
in
8
U.S.C.
§
1621,
or
for
federal
public
benefits,
as
defined
13
in
8
U.S.C.
§
1611,
that
are
administered
by
a
state
agency
or
14
political
subdivision
of
this
state.
15
2.
The
provisions
of
this
section
shall
be
enforced
without
16
regard
to
race,
religion,
gender,
ethnicity,
or
national
17
origin.
18
3.
Verification
of
a
person’s
lawful
presence
in
the
United
19
States
under
the
provisions
of
this
section
shall
not
be
20
required
for
the
following:
21
a.
For
any
purpose
for
which
lawful
presence
in
the
United
22
States
is
not
restricted
by
law.
23
b.
For
assistance
for
health
care
items
and
services
24
that
are
necessary
for
the
treatment
of
an
emergency
medical
25
condition,
as
defined
in
42
U.S.C.
§
1396b(v)(3),
of
the
26
unauthorized
alien
involved
and
are
not
related
to
an
organ
27
transplant
procedure.
28
c.
For
short-term,
noncash,
in-kind
emergency
disaster
29
relief.
30
d.
For
public
health
assistance
for
immunizations
with
31
respect
to
diseases
and
for
testing
and
treatment
of
symptoms
32
of
communicable
diseases
whether
or
not
such
symptoms
are
33
caused
by
a
communicable
disease.
34
e.
For
programs,
services,
or
assistance
such
as
soup
35
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kitchens,
crisis
counseling
and
intervention,
and
short-term
1
shelter
specified
by
the
United
States
attorney
general,
in
the
2
sole
and
unreviewable
discretion
of
the
United
States
attorney
3
general
after
consultation
with
appropriate
federal
agencies
4
and
departments,
which
meet
all
of
the
following
criteria:
5
(1)
Deliver
in-kind
services
at
the
community
level,
6
including
through
public
or
private
nonprofit
agencies.
7
(2)
Do
not
condition
the
provision
of
assistance,
the
amount
8
of
assistance
provided,
or
the
cost
of
assistance
provided
on
9
the
income
or
resources
of
the
individual
recipient.
10
(3)
Are
necessary
for
the
protection
of
life
or
safety.
11
f.
For
prenatal
care.
12
4.
To
verify
a
natural
person’s
lawful
presence
in
the
13
United
States
in
order
to
receive
benefits,
the
state
agency
or
14
political
subdivision
required
to
make
such
verification
shall
15
require
the
applicant
to
execute
an
affidavit
under
penalty
of
16
perjury
that
makes
one
of
the
following
assertions:
17
a.
The
applicant
is
a
United
States
citizen.
18
b.
The
applicant
is
a
qualified
alien
under
the
federal
19
Immigration
and
Nationality
Act,
as
codified
in
Tit.
8,
United
20
States
Code,
and
is
lawfully
present
in
the
United
States.
21
5.
For
any
applicant
who
has
executed
the
affidavit
22
described
in
subsection
4,
paragraph
“b”
,
eligibility
for
23
benefits
shall
be
verified
through
the
federal
systematic
24
alien
verification
for
entitlement
program
operated
by
the
25
United
States
department
of
homeland
security
or
a
successor
26
program
designated
by
the
United
States
department
of
homeland
27
security.
Until
such
eligibility
verification
is
made,
the
28
affidavit
may
be
presumed
to
be
proof
of
lawful
presence
for
29
the
purposes
of
this
section.
30
6.
a.
A
person
who
knowingly
and
willfully
makes
a
false,
31
fictitious,
or
fraudulent
statement
of
representation
in
an
32
affidavit
executed
pursuant
to
subsection
4,
shall
be
guilty
of
33
a
fraudulent
practice
pursuant
to
section
714.8,
subsection
3.
34
b.
If
the
affidavit
constitutes
a
false
claim
of
United
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States
citizenship
under
18
U.S.C.
§
911,
a
complaint
shall
1
be
filed
by
the
state
agency
requiring
the
affidavit
with
the
2
United
States
attorney’s
office
in
the
appropriate
district
in
3
this
state.
4
7.
A
state
agency
or
political
subdivision
of
this
state
5
may
adopt
variations
to
the
requirements
of
this
section
which
6
demonstrably
improve
the
efficiency
or
reduce
delay
in
the
7
verification
process,
or
to
provide
for
adjudication
of
unique
8
individual
circumstances
where
the
verification
procedures
in
9
this
section
would
impose
unusual
hardship
on
a
legal
resident
10
of
this
state.
11
8.
A
state
agency
or
political
subdivision
of
this
state
12
shall
not
provide
any
state,
local,
or
federal
benefit,
as
13
defined
in
8
U.S.C.
§
1621
or
8
U.S.C.
§
1611,
in
violation
of
14
the
provisions
of
this
section.
15
9.
Each
state
agency
that
administers
any
program
of
state
16
or
local
public
benefits
shall
provide
an
annual
report
to
17
the
secretary
of
state
with
respect
to
its
compliance
with
18
the
provisions
of
this
section.
Any
and
all
errors
shall
19
be
reported
to
the
United
States
department
of
homeland
20
security
by
the
secretary
of
state.
The
secretary
of
state
21
shall
monitor
the
federal
systematic
alien
verification
for
22
entitlement
program
and
its
verification
application
errors
23
and
significant
delays
and
shall
provide
an
annual
report
24
to
the
governor
and
the
general
assembly
on
such
errors
25
and
significant
delays,
and
recommendations
to
ensure
that
26
the
application
of
the
systematic
alien
verification
for
27
entitlement
program
is
not
erroneously
denying
benefits
to
28
legal
residents
of
this
state.
29
Sec.
6.
NEW
SECTION
.
710B.1
Unlawful
assistance
——
30
unauthorized
aliens
——
penalty.
31
1.
For
purposes
of
this
section,
“unauthorized
alien”
means
32
a
person
who
is
not
lawfully
present
in
the
United
States.
33
2.
A
person
shall
not
transport,
move,
or
attempt
to
34
transport
within
this
state
any
unauthorized
alien,
knowing
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or
in
reckless
disregard
of
the
fact
that
the
unauthorized
1
alien
has
come
to,
entered,
or
remained
in
the
United
States
in
2
violation
of
law,
in
furtherance
of
the
illegal
presence
of
the
3
unauthorized
alien
in
the
United
States.
4
3.
A
person
shall
not
conceal,
harbor,
or
shelter
from
5
detection
any
unauthorized
alien
in
any
place,
including
any
6
building
or
means
of
transportation,
knowing
or
in
reckless
7
disregard
of
the
fact
that
the
unauthorized
alien
has
come
to,
8
entered,
or
remained
in
the
United
States
in
violation
of
law.
9
4.
A
person
who
violates
this
section
is
guilty
of
a
serious
10
misdemeanor.
11
Sec.
7.
NEW
SECTION
.
710B.2
Unauthorized
aliens
——
official
12
documents.
13
1.
Notwithstanding
any
other
provision
of
law,
the
14
following
identification
documents
shall
be
issued
only
to
15
United
States
citizens,
legal
permanent
resident
aliens,
or
16
holders
of
valid
unexpired
nonimmigrant
visas.
17
a.
Any
driver’s
licenses
or
nonoperator’s
identification
18
cards
pursuant
to
chapter
321,
birth
certificates
pursuant
to
19
chapter
144,
or
other
identification
documents
required
by
20
law
or
any
legitimate
purpose
consistent
with
the
duties
of
a
21
federal,
state,
or
local
governmental
entity.
22
b.
Identification
designed
to
identify
the
bearer
as
a
23
student,
faculty
member,
administrator,
or
employee
of
any
24
public
or
nonpublic
school
or
state
or
private
educational
25
institution.
26
2.
a.
The
provisions
of
subsection
1
shall
not
apply
27
when
an
applicant
presents,
in
person,
proof
of
United
States
28
citizenship
including
but
not
limited
to
one
of
the
following:
29
(1)
A
federal
passport.
30
(2)
A
state
driver’s
license
or
state
nonoperator’s
31
identification
card.
32
(3)
A
certified
birth
certificate.
33
b.
The
provisions
of
subsection
1
shall
not
apply
when
an
34
applicant
presents,
in
person,
valid
documentary
evidence
of
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any
of
the
following:
1
(1)
A
valid
unexpired
immigrant
or
nonimmigrant
visa
status
2
for
admission
to
the
United
States.
3
(2)
A
pending
or
approved
application
for
asylum
in
the
4
United
States.
5
(3)
Admission
into
the
United
States
in
refugee
status.
6
(4)
A
pending
or
approved
application
for
temporary
7
protected
status
in
the
United
States.
8
(5)
Approved
deferred
action
status.
9
(6)
A
pending
application
for
adjustment
of
status
to
legal
10
permanent
residence
status
or
conditional
residence
status.
11
3.
a.
Upon
presentation
of
valid
documentary
evidence
in
12
subsection
2,
paragraph
“b”
,
the
applicant
may
be
issued
an
13
identification
document
as
provided
in
subsection
1,
unless
14
otherwise
prohibited
by
law.
Such
identification
document
15
shall
be
valid
only
during
the
time
of
the
authorized
stay
of
16
the
applicant
in
the
United
States,
or
if
there
is
no
definite
17
end
to
the
period
of
authorized
stay,
a
period
of
one
year.
18
b.
An
identification
document
issued
pursuant
to
this
19
subsection
shall
clearly
indicate
that
it
is
temporary
20
and
shall
state
the
date
that
the
identification
document
21
expires.
Such
identification
document
may
be
renewed
only
22
upon
presentation
of
valid
documentary
evidence
that
the
23
status
by
which
the
applicant
qualified
for
the
identification
24
document
has
been
extended
by
the
United
States
citizenship
25
and
immigration
services
or
United
States
immigration
and
26
customs
enforcement
of
the
United
States
department
of
homeland
27
security.
28
4.
Any
driver’s
license
or
nonoperator’s
identification
29
card
issued
pursuant
to
chapter
321
for
which
an
application
30
has
been
made
for
renewal,
duplication,
or
reissuance
shall
be
31
presumed
to
have
been
issued
in
accordance
with
the
provisions
32
of
subsection
1,
provided
that,
at
the
time
the
application
33
is
made,
the
driver’s
license
or
nonoperator’s
identification
34
card
has
not
expired,
or
been
canceled,
suspended,
or
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revoked.
The
requirements
of
subsection
1
shall
apply
to
1
a
renewal,
duplication,
or
reissuance
if
the
department
of
2
transportation
receives
information
or
is
notified
by
a
local,
3
state,
or
federal
agency
that
the
person
seeking
such
renewal,
4
duplication,
or
reissuance
is
neither
a
citizen
of
the
United
5
States
nor
lawfully
present
in
the
United
States.
6
Sec.
8.
NEW
SECTION
.
710B.3
Criminal
conduct
——
immigration
7
status
verification.
8
1.
A
reasonable
effort
shall
be
made
to
determine
the
9
citizenship
of
a
person
charged
with
a
serious
misdemeanor
10
or
a
more
serious
offense,
or
who
is
charged
with
operating
11
while
intoxicated
pursuant
to
section
321J.2,
if
the
person
is
12
confined
for
any
period
in
a
county
jail
or
city
jail.
13
2.
If
the
person
is
not
a
United
States
citizen,
the
keeper
14
of
the
jail
or
other
officer
shall
make
a
reasonable
effort
15
to
verify
that
the
prisoner
has
been
lawfully
admitted
into
16
the
United
States,
and
if
lawfully
admitted,
that
such
lawful
17
status
has
not
expired.
If
verification
of
the
prisoner’s
18
lawful
status
cannot
be
made
from
documents
in
the
possession
19
of
the
prisoner,
verification
shall
be
made
within
forty-eight
20
hours
through
a
query
to
United
States
immigration
and
customs
21
enforcement
in
the
United
States
department
of
homeland
22
security
or
other
office
or
agency
designated
for
that
purpose.
23
If
the
prisoner
is
determined
not
to
be
lawfully
admitted
to
24
the
United
States,
the
keeper
of
the
jail
or
other
officer
25
shall
notify
the
United
States
department
of
homeland
security.
26
3.
For
the
purpose
of
determining
the
grant
of
or
issuance
27
of
bond,
a
prisoner
whose
citizenship
status
has
been
verified
28
pursuant
to
subsection
2
to
be
an
unauthorized
alien,
shall
be
29
deemed
a
flight
risk.
30
4.
The
department
of
public
safety
shall
by
rule
adopt
31
guidelines
and
procedures
to
be
used
to
comply
with
the
32
provisions
of
this
section.
33
Sec.
9.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
34
2012.
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EXPLANATION
1
This
bill
relates
to
illegal
immigration
in
Iowa.
2
The
bill
directs
the
attorney
general
pursuant
to
new
Code
3
section
13.11
to
negotiate
a
memorandum
of
understanding
(MOU)
4
regarding
immigration
issues
between
the
state
and
the
United
5
States
department
of
justice
or
the
United
States
department
6
of
homeland
security
in
order
to
increase
joint
enforcement
of
7
federal
immigration
law
with
the
United
States
department
of
8
homeland
security.
9
In
new
Code
section
91A.15,
the
bill
requires
an
employer
10
to
withhold
state
income
tax
from
the
compensation
of
an
11
independent
contractor
who
fails
to
provide
a
valid
social
12
security
number.
An
employer
who
fails
to
withhold
such
13
required
income
taxes
shall
be
liable
for
that
amount.
14
The
bill
creates
new
Code
chapter
91F,
which
requires
15
that
each
public
employer
use
the
federal
electronic
work
16
authorization
program,
known
as
e-verify,
to
verify
the
17
lawful
presence
of
newly
hired
employees.
Public
employers
18
are
prohibited
from
entering
into
contracts
unless
the
19
contractors
register
and
participate
in
the
e-verify
program.
20
The
discharge
of
a
United
States
citizen
or
a
permanent
21
resident
alien
employee
of
an
employer,
who,
on
the
date
of
the
22
discharge
employed
an
unauthorized
alien,
shall
constitute
an
23
unfair
trade
practice
and
the
discharged
employee
shall
have
a
24
private
right
of
action.
25
Under
Code
section
234.15,
the
bill
requires
each
state
26
agency
or
political
subdivision
to
verify
the
lawful
presence
27
of
each
natural
person
age
14
years
or
older
who
applies
28
for
state
or
local
benefits,
or
federal
benefits
that
are
29
administered
by
the
state
agency
or
political
subdivision
30
using
the
systematic
alien
verification
for
entitlement
31
program
(SAVE).
The
Code
section
includes
medical
and
disaster
32
exceptions
for
the
verification
requirement.
The
state
33
agencies
and
political
subdivisions
are
required
to
follow
a
34
detailed
process
for
verifying
a
person’s
lawful
presence,
35
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including
completion
of
an
affidavit
by
the
applicant
asserting
1
the
applicant’s
lawful
presence
in
the
United
States.
A
2
person
who
knowingly
and
willfully
makes
a
false,
fictitious,
3
or
fraudulent
statement
in
an
affidavit
commits
a
fraudulent
4
practice,
and
may
be
subject
to
a
class
“C”
felony
through
5
a
simple
misdemeanor
depending
on
the
value
of
the
services
6
and
property
fraudulently
received.
A
class
“C”
felony
is
7
punishable
by
confinement
for
no
more
than
10
years
and
a
8
fine
of
at
least
$1,000
but
not
more
than
$10,000.
A
class
9
“D”
felony
is
punishable
by
confinement
for
no
more
than
five
10
years
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
An
11
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
12
than
two
years
and
a
fine
of
at
least
$625
but
not
more
than
13
$6,250.
A
serious
misdemeanor
is
punishable
by
confinement
for
14
no
more
than
one
year
and
a
fine
of
at
least
$315
but
not
more
15
than
$1,875.
A
simple
misdemeanor
is
punishable
by
confinement
16
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
17
than
$625
or
by
both.
18
An
annual
report
shall
be
compiled
by
the
secretary
of
19
state
about
the
use
of
the
SAVE
program
by
the
state
agencies
20
and
political
subdivisions
and
the
number
of
errors
and
any
21
significant
delays.
The
report
shall
be
provided
to
the
22
governor
and
general
assembly.
23
The
bill
creates
new
Code
chapter
710B.
Under
Code
section
24
710B.1,
a
person
shall
not
transport,
harbor,
or
shelter
25
an
alien
in
reckless
disregard
for
the
person’s
illegal
26
immigration
status.
Such
a
violation
is
a
serious
misdemeanor,
27
which
is
punishable
by
confinement
for
no
more
than
one
year
28
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
29
New
Code
section
710B.2
restricts
the
issuance
of
most
30
official
identification
documents
only
to
United
States
31
citizens,
legal
permanent
residents,
and
holders
of
valid
32
unexpired
visas.
33
The
bill
provides
that
a
reasonable
effort
shall
be
made
to
34
determine
the
citizenship
of
a
person
charged
with
a
serious
35
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misdemeanor
or
a
more
serious
offense,
or
who
is
charged
with
1
operating
while
intoxicated
pursuant
to
Code
section
321J.2,
2
if
the
person
is
confined
for
any
period
in
a
county
jail
or
3
city
jail.
Specific
procedures
are
required
to
be
followed
by
4
law
enforcement
to
verify
the
immigration
status
of
a
person
in
5
custody.
If
the
person
is
an
unauthorized
alien,
the
person
6
shall
be
reported
to
the
United
States
department
of
homeland
7
security.
The
department
of
public
safety
is
charged
with
8
adopting
guidelines
and
procedures
for
complying
with
this
9
provision.
10
The
bill
takes
effect
January
1,
2012.
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