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SF2218 • 2026

A bill for an act relating to state regulatory compliance and eligibility requirements, including by modifying provisions related to the verification of the identity and employment eligibility of individuals by the board of educational examiners, school districts, accredited nonpublic schools, charter schools, and innovation zone schools; the provision of a false social security number to an employer, prospective employer, or a potential employee; qualifications for employment, professional licensure, voter registration, and bail; making penalties applicable; and including applicability provisions. (Formerly SSB 3015 .) Effective date: 07/01/2026. Applicability date: 07/01/2026.

A bill for an act relating to state regulatory compliance and eligibility requirements, including by modifying provisions related to the verification of the identity and employment eligibility of individuals by the board of educational examiners, school districts, accredited nonpublic schools, charter schools, and innovation zone schools; the provision of a false social security number to an employer, prospective employer, or a potential employee; qualifications for employment, professional licensure, voter registration, and bail; making penalties applicable; and including applicability provisions. (Formerly SSB 3015 .) Effective date: 07/01/2026. Applicability date: 07/01/2026.

Education Elections Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
COMMITTEE ON EDUCATION
Last action
2026-06-02
Official status
Signed by Governor . S.J. 1030 .
Effective date
Not listed

Plain English Breakdown

The effectiveness of the e-verify system's challenges and appeals process is not detailed in the provided text.

State Rules for Employment Eligibility and Background Checks

This act modifies rules related to employment eligibility verification, penalties for using false social security numbers, and background checks for individuals applying for licenses or renewing them in Iowa.

What This Bill Does

  • Requires school boards to verify the legal work status of people applying for teaching licenses or renewing them.
  • Makes it illegal for employers to hire someone who provides a fake social security number.
  • Sets fines for employers who violate the rule about hiring with false SSNs, and may require training for managerial staff if there are repeated violations.

Who It Names or Affects

  • School boards and educational examiners
  • Employers in Iowa
  • People applying for jobs or teaching licenses

Terms To Know

licensure
Getting a license from the government to do certain jobs, like teaching.

Limits and Unknowns

  • The act does not specify how schools will verify employment eligibility for current teachers.
  • It is unclear if there are specific penalties for individuals who provide false social security numbers.

Bill History

  1. 2026-06-02 Iowa Legislature

    Signed by Governor . S.J. 1030 .

  2. 2026-05-28 Iowa Legislature

    Fiscal note .

  3. 2026-05-18 Iowa Legislature

    Reported correctly enrolled, signed by President and Speaker, and sent to Governor. S.J. 1028 .

  4. 2026-04-29 Iowa Legislature

    Message from House. S.J. 924 .

  5. 2026-04-29 Iowa Legislature

    Immediate message. H.J. 1042 .

  6. 2026-04-29 Iowa Legislature

    Passed House , yeas 71, nays 20. H.J. 1037 .

  7. 2026-04-29 Iowa Legislature

    Conference committee report adopted. H.J. 1037 .

  8. 2026-04-29 Iowa Legislature

    Message from Senate. H.J. 1033 .

  9. 2026-04-28 Iowa Legislature

    Immediate message. S.J. 906 .

  10. 2026-04-28 Iowa Legislature

    Passed Senate , yeas 37, nays 10. S.J. 904 .

  11. 2026-04-28 Iowa Legislature

    Conference committee report adopted. S.J. 903 .

  12. 2026-04-28 Iowa Legislature

    Conference committee report filed. H.J. 1014 .

  13. 2026-04-28 Iowa Legislature

    Conference committee report filed. S.J. 911 .

  14. 2026-04-16 Iowa Legislature

    Message from Senate. H.J. 923 .

  15. 2026-04-16 Iowa Legislature

    Immediate message. S.J. 815 .

  16. 2026-04-16 Iowa Legislature

    Senate conference committee appointed : Evans, chair; Blake, Gruenhagen, Rozenboom, and Winckler. S.J. 814 .

  17. 2026-04-16 Iowa Legislature

    Message from House. S.J. 813 .

  18. 2026-04-15 Iowa Legislature

    Immediate message. H.J. 917 .

  19. 2026-04-15 Iowa Legislature

    House conference committee appointed : Boden, Holt, Madison, Matson, and Thomson, C.. H.J. 913 .

  20. 2026-04-15 Iowa Legislature

    House insisted. H.J. 912 .

  21. 2026-04-01 Iowa Legislature

    Message from Senate. H.J. 788 .

  22. 2026-03-31 Iowa Legislature

    Immediate message. S.J. 686 .

  23. 2026-03-31 Iowa Legislature

    Senate refused to concur with S-5104 . S.J. 685 .

  24. 2026-03-19 Iowa Legislature

    Fiscal note .

  25. 2026-03-18 Iowa Legislature

    Message from House, with amendment S-5104 . S.J. 591 .

  26. 2026-03-17 Iowa Legislature

    Immediate message. H.J. 683 .

  27. 2026-03-17 Iowa Legislature

    Passed House , yeas 78, nays 16. H.J. 681 .

  28. 2026-03-17 Iowa Legislature

    Amendment H-8220 adopted, as amended. H.J. 681 .

  29. 2026-03-17 Iowa Legislature

    Amendment H-8221 to amendment H-8220 adopted. H.J. 681 .

  30. 2026-03-13 Iowa Legislature

    Amendments H-8220 and H-8221 filed. H.J. 671 .

  31. 2026-03-13 Iowa Legislature

    Placed on calendar. H.J. 670 .

  32. 2026-03-11 Iowa Legislature

    Committee vote: Yeas, 17, nays, 3, excused, 3. H.J. 670 .

  33. 2026-03-11 Iowa Legislature

    Committee report, recommending passage. H.J. 670 .

  34. 2026-03-10 Iowa Legislature

    Subcommittee recommends passage.

  35. 2026-03-05 Iowa Legislature

    Subcommittee Meeting: 03/10/2026 12:30PM House Lounge.

  36. 2026-03-05 Iowa Legislature

    Subcommittee: Boden, Levin and Wheeler. H.J. 601 .

  37. 2026-02-25 Iowa Legislature

    Read first time, referred to Education. H.J. 433 .

  38. 2026-02-25 Iowa Legislature

    Message from Senate. H.J. 418 .

  39. 2026-02-25 Iowa Legislature

    Immediate message. S.J. 402 .

  40. 2026-02-25 Iowa Legislature

    Passed Senate , yeas 47, nays 0. S.J. 401 .

  41. 2026-02-25 Iowa Legislature

    Amendment S-5030 filed, adopted. S.J. 401 .

  42. 2026-02-05 Iowa Legislature

    Committee report, approving bill. S.J. 216 .

  43. 2026-02-05 Iowa Legislature

    Introduced, placed on calendar. S.J. 210 .

Official Summary Text

A bill for an act relating to state regulatory compliance and eligibility requirements, including by modifying provisions related to the verification of the identity and employment eligibility of individuals by the board of educational examiners, school districts, accredited nonpublic schools, charter schools, and innovation zone schools; the provision of a false social security number to an employer, prospective employer, or a potential employee; qualifications for employment, professional licensure, voter registration, and bail; making penalties applicable; and including applicability provisions. (Formerly SSB 3015 .) Effective date: 07/01/2026. Applicability date: 07/01/2026.

Current Bill Text

Read the full stored bill text
Kim Reynolds
governor
Office of the Governor Chris Cournoyer
LT GOVERNOR
June 02, 2026
The Honorable Paul Pate
Secretary of State of Iowa
State Capitol
Des Moines, Iowa 50319
Dear Mr. Secretary,
I hereby transmit:
Senate File 22 1 8, an Act relating to state regulatory compliance and eligibility
requirements, including by modifying provisions related to the verification of the identity
and employment eligibility of individuals by the board of educational examiners, school
districts, accredited nonpublic schools, charter schools, and innovation zone schools; the
provision of a false social security number to an employer, prospective employer, or a
potential employee; qualifications for employment, professional licensure, voter
registration, and bail; making penalties applicable; and including applicability provisions.
The above Senate File is hereby approved on this date.
Kim Kevnol &s._J
Governor of Iowa
cc: Secretary of the Senate
Clerk of the House
STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 WWW.GOVERNOR.IOWA.GOV
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Senate File 2218
AN ACT
RELATING TO STATE REGULATORY COMPLIANCE AND ELIGIBILITY
REQUIREMENTS, INCLUDING BY MODIFYING PROVISIONS RELATED TO
THE VERIFICATION OF THE IDENTITY AND EMPLOYMENT ELIGIBILITY
OF INDIVIDUALS BY THE BOARD OF EDUCATIONAL EXAMINERS, SCHOOL
DISTRICTS, ACCREDITED NONPUBLIC SCHOOLS, CHARTER SCHOOLS,
AND INNOVATION ZONE SCHOOLS; THE PROVISION OF A FALSE
SOCIAL SECURITY NUMBER TO AN EMPLOYER, PROSPECTIVE EMPLOYER,
OR A POTENTIAL EMPLOYEE; QUALIFICATIONS FOR EMPLOYMENT,
PROFESSIONAL LICENSURE, VOTER REGISTRATION, AND BAIL;
MAKING PENALTIES APPLICABLE; AND INCLUDING APPLICABILITY
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
EDUCATION-RELATED PROVISIONS
Section 1. Section 256.146, subsection 16, Code 2026, is
amended to read as follows:
16. a. Adopt rules to require that a background
investigation be conducted by the division of criminal
investigation of the department of public safety on all initial
applicants for licensure. The board shall also require all
initial applicants to submit a completed fingerprint packet and
shall use the packet to facilitate a national criminal history
background check.
b. The board shall have access to, and shall review the
sex offender registry information under section 692A.121
Senate File 2218, p. 2
available to the general public, information in the Iowa court
information system available to the general public, the central
registry for child abuse information established under chapter
235A, and the dependent adult abuse records maintained under
chapter 235B for information regarding applicants for license
renewal and, every five years, for practitioners who are not
subject to renewal requirements pursuant to subsection 1,
paragraph "a", subparagraph (2). The board may charge such
a practitioner who is not subject to renewal requirements a
reasonable fee for the review of the sex offender registry
information, information in the Iowa court information system,
the central registry for child abuse information, and the
dependent adult abuse records.
c. (1) The board shall require all initial applicants for
licensure, including individuals who apply for a license under
section 256.152, and all applicants for license renewal, to
produce evidence of the applicant's legal authorization to
work in the United States as a condition of initial licensure
or license renewal. The board shall accept as proof of an
applicant's legal authorization to work in the United States
any of the following:
(a) A document that establishes both employment
authorization and identity, as described in 8 U.S.C,
§1324a(b) (1) (B) .
(b) A document that evidences employment authorization,
as described in 8 U.S.C. §1324a(b) (1) (C) , and a document that
establishes the identity of the applicant, as described in 8
U.S.C. §1324a(b) (1) (D) .
(2) The board shall require all practitioners who are
not subject to renewal requirements pursuant to subsection
1, paragraph "a", subparagraph (2), to produce evidence
of the practitioner's legal authorization to work in the
United States every five years as a condition of remaining
licensed. The board shall accept as proof of a practitioner's
legal authorization to work in the United States any of the
following:
(a) A document that establishes both employment
authorization and identity, as described in 8 U.S.C.
§1324a(b) (1) (B) .
Senate File 2218, p. 3
(b) A document that evidences employment authorization,
as described in 8 Ü.S.C. §1324a(b) (1) (C) , and a document that
establishes the identity of the practitioner, as described in 8
U.S.C. §1324a(b) (1) (D) .
Sec. 2. APPLICABILITY. The following applies to all
applications for initial licensure, and all applications for
license renewal, that are submitted to the board of educational
examiners on or after the effective date of this division of
this Act:
The section of this division of this Act amending section
256.146.
DIVISION II
PROVIDING FALSE SOCIAL SECURITY NUMBERS — PENALTIES
Sec. 3. NEW SECTION . 91F.1 Definitions.
As used in this chapter unless the context otherwise
requires:
1. "Department" means the department of workforce
development .
2. "Employer" means a person who employs an employee in this
state for wages.
Sec. 4. NEW SECTION . 91F.2 Employment of persons with false
social security numbers prohibited.
An employer shall not hire or continue to employ an employee
who the employer knows to have provided the employer with a
social security number on any documentation for employment that
does not belong to the employee.
Sec. 5. NEW SECTION . 91F.3 Enforcement — penalties.
1. The department shall enforce this chapter.
2. An employer who violates section 91F.2 shall be subject
to a civil penalty of ten thousand dollars to be collected by
the department.
3. For a fourth or subsequent violation of subsection 91F.2,
in addition to the civil penalty provided in subsection 1,
an employer shall cease operations at the location where the
violation occurred until any individual who holds a majority
ownership interest in the employer, and all managerial staff
at the location, participate in training developed by the
department regarding compliance with this chapter.
Sec. 6. Section 714.8, Code 2026, is amended by adding the
Senate File 2218, p. 4
following new subsections:
NEW SUBSECTION . 23. For the purpose of retaining or
obtaining employment, or any other thing of value, falsely
provides the employer or prospective employer with a social
security number that does not belong to that person.
NEW SUBSECTION . 24. An employer knowingly providing a
potential employee with a fraudulent social security number for
the purpose of hiring the potential employee.
DIVISION III
IMMIGRATION STATUS - EMPLOYMENT AND LICENSURE
Sec. 7. Section 2.11, Code 2026, is amended by adding the
following new subsection:
NEW SUBSECTION . 3. a. Each house of the general assembly
shall use the e-verify system of the United States citizenship
and immigration services to confirm the employment eligibility
of newly hired employees.
b. An employee may challenge the results of the submission
of the employee's information to the e-verify system of
the United States citizenship and immigration services by
submitting a challenge, including documentation proving that
the results are incorrect, to the legislative council within
ten calendar days of receipt of the results. The legislative
council shall review the challenge and communicate the results
of the appeal to the employee and the appropriate house of the
general assembly as soon as practicable.
c. Each house of the general assembly shall transmit the
results of the e-verify system check to the United States
immigration and customs enforcement and other appropriate
federal immigration agencies if the check shows that the
subject of the check does not have legal status to be present
in the United States after the completion of an appeal pursuant
to paragraph "b", if applicable.
Sec. 8. Section 2A.2, subsection 2, Code 2026, is amended by
adding the following new paragraph:
NEW PARAGRAPH . Oi. (1) Use the e-verify system of the
United States citizenship and immigration services to confirm
the employment eligibility of newly hired employees.
(2) An employee may challenge the results of the submission
of the employee's information to the e-verify system of
Senate File 2218, p. 5
the United States citizenship and immigration services by
submitting a challenge, including documentation proving that
the results are incorrect, to the legislative council within
ten calendar days of receipt of the results. The legislative
council shall review the challenge and communicate the results
of the appeal to the employee and the director as soon as
practicable .
(3) The director shall transmit the results of the e-verify
system check to the United States immigration and customs
enforcement and other appropriate federal immigration agencies
if the check shows that the subject of the check does not
have legal status to be present in the United States after
the completion of an appeal pursuant to subparagraph (2), if
applicable .
Sec. 9. Section 2C.4, Code 2026, is amended to read as
follows :
2C.4 Citizen of United States and resident of Iowa.
1. The ombudsman shall be a citizen of the United States
and a resident of the state of Iowa, and shall be qualified to
analyze problems of law, administration, and public policy.
2. a. The ombudsman shall use the e-verify system of the
United States citizenship and immigration services to confirm
the employment eligibility of newly hired employees.
b. An employee may challenge the results of the submission
of the employee's information to the e-verify system of
the United States citizenship and immigration services by
submitting a challenge, including documentation proving that
the results are incorrect, to the legislative council within
ten calendar days of receipt of the results. The legislative
council shall review the challenge and communicate the results
of the appeal to the employee and the ombudsman as soon as
practicable .
c. The ombudsman shall transmit the results of the e-verify
system check to the United States immigration and customs
enforcement and other appropriate federal immigration agencies
if the check shows that the subject of the check does not
have legal status to be present in the United States after
the completion of an appeal pursuant to paragraph '“'b", if
applicable ■
Senate File 2218, p. 6
Sec. 10. Section 7E.3, Code 2026, is amended by adding the
following new subsection:
NEW SUBSECTION . 6. Verification of United States citizenship
and immigration status. Use the e-verify system of the United
States citizenship and immigration services to confirm the
employment eligibility of newly hired employees. The head of
the department or agency shall transmit the results of the
e-verify system check to the United States immigration and
customs enforcement and other appropriate federal immigration
agencies if the check shows that the subject of the check does
not have legal status to be present in the United States after
the completion of an appeal pursuant to section 10A.114, if
applicable.
Sec. 11. Section 10A.101, Code 2026, is amended by adding
the following new subsection:
NEW SUBSECTION . 4. "SAVE program" means the systematic
alien verification for entitlements system of the United
States department of homeland security and the United States
citizenship and immigration services.
Sec. 12. NEW SECTION . 10A.113 SAVE program clearinghouse.
1. There is created within the department a SAVE program
clearinghouse, which shall serve as the central entity to
process requests to verify, using the SAVE program, the United
States citizenship and immigration status of an individual
who has applied for a professional license in this state.
The department shall adopt rules pursuant to chapter 17A to
implement this section.
2. The department shall transmit the results of a SAVE
program clearinghouse check to the United States immigration
and customs enforcement and other appropriate federal
immigration agencies if the check shows that the subject of the
check does not have legal status to be present in the United
States after the completion of an appeal pursuant to section
10A.114, if applicable.
Sec. 13. NEW SECTION . 10A.114 Citizenship and immigration
status — appeal.
1. The department shall adopt rules pursuant to chapter
17A to allow an employee of a school district, an accredited
nonpublic school, a charter school, an innovation zone school,
Senate File 2218, p. 7
a city, a county, or the executive branch including the state
board of regents and each institution of higher education
governed by the board, or a person who has applied for a
professional license in this state, to challenge the results of
the submission of the person's information to the SAVE program
or the e-verify system of the United States citizenship and
immigration services with the department.
2. A person must submit a challenge pursuant to subsection 1
and documentation proving that the results are incorrect within
ten calendar days of receipt of the results.
3. The department shall review a challenge submitted
pursuant to subsection 1 and communicate the results of the
appeal to the person who submitted the challenge and the hiring
authority or licensing board, as applicable, within seven
calendar days of receipt of the challenge. The decision of the
department is final agency action pursuant to chapter 17A.
Sec. 14. Section 10A.506, Code 2026, is amended by adding
the following new subsection:
NEW SUBSECTION . 13. a. The licensing and regulation
examining boards included in the department pursuant to
subsection 1 shall use the SAVE program clearinghouse created
within the department pursuant to section 10A.113 to verify
the United States citizenship and immigration status of an
individual who has applied for a professional license from the
board.
b. A denial of an application for a professional license due
to the results of the SAVE program clearinghouse check shall
be appealed to the director and the director's decision shall
constitute final agency action.
Sec. 15. Section 256E.7, subsection 2, Code 2026, is amended
by adding the following new paragraph:
NEW PARAGRAPH . Off. Be subject to and comply with the
requirements of section 280.37 relating to the verification of
the employment eligibility of newly hired employees in the same
manner as a school district.
Sec. 16. Section 256F.4, subsection 2, Code 2026, is amended
by adding the following new paragraph:
NEW PARAGRAPH , v. Be subject to and comply with the
requirements of section 280.37 relating to the verification of
Senate File 2218, p. 8
the employment eligibility of newly hired employees in the same
manner as a school district.
Sec. 17. NEW SECTION . 262. 9E Verification of citizenship
and immigration status.
1. The state board of regents and each institution of higher
education governed by the board shall use the e-verify system
of the United States citizenship and immigration services to
confirm the employment eligibility of newly hired employees.
2. The state board of regents and each institution of higher
education governed by the board shall transmit the results of
the e-verify system check to the United States immigration and
customs enforcement and other appropriate federal immigration
agencies if the check shows that the subject of the check does
not have legal status to be present in the United States after
the completion of an appeal pursuant to section 10A.114, if
applicable .
Sec. 18. Section 272C.1, Code 2026, is amended by adding the
following new subsection:
NEW SUBSECTION . 11. "SAVE program clearinghouse" means
the SAVE program clearinghouse created within the department
of inspections, appeals, and licensing pursuant to section
10A.113 .
Sec. 19. Section 272C.4, Code 2026, is amended by adding the
following new subsection:
NEW SUBSECTION . 11. Use the SAVE program clearinghouse to
confirm the United States citizenship and immigration status of
an individual who has applied for a professional license from
the board.
Sec. 20. Section 272C.10, Code 2026, is amended by adding
the following new subsection:
NEW SUBSECTION . 9. For a license deemed a professional
license by the licensing board, unlawful presence in the United
States, as determined by using the SAVE program clearinghouse.
Sec. 21. NEW SECTION . 272C.15A Disqualifications for
unlawful presence.
A licensing board established after January 1, 1978, and
pursuant to the provisions of this chapter, shall not issue or
renew a professional license to an individual who the licensing
board is unable to verify is lawfully present in the United
Senate File 2218, p. 9
States, as determined by using the SAVE program clearinghouse.
Sec. 22. NEW SECTION . 280.37 Verification of citizenship
and immigration status.
1. The board of directors of each school district and the
authorities in charge of each accredited nonpublic school shall
use the e-verify system of the United States citizenship and
immigration services to confirm the employment eligibility of
newly hired employees.
2. The board of directors of each school district and the
authorities in charge of each accredited nonpublic school
shall transmit the results of the e-verify system check to the
United States immigration and customs enforcement and other
appropriate federal immigration agencies if the check shows
that the subject of the check does not have legal status to be
present in the United States after the completion of an appeal
pursuant to section 10A.114, if applicable.
Sec. 23. Section 331.324, subsection 1, Code 2026, is
amended by adding the following new paragraph:
NEW PARAGRAPH . Op. Use the e-verify system of the United
States citizenship and immigration services to confirm the
employment eligibility of newly hired employees. The board
shall transmit the results of the e-verify system check to the
United States immigration and customs enforcement and other
appropriate federal immigration agencies if the check shows
that the subject of the check does not have legal status to be
present in the United States after the completion of an appeal
pursuant to section 10A.114, if applicable.
Sec. 24. NEW SECTION . 364.26 Verification of citizenship
and immigration status.
A city shall use the e-verify system of the United States
citizenship and immigration services to confirm the employment
eligibility of newly hired employees. A city shall transmit
the results of the e-verify system check to the United States
immigration and customs enforcement and other appropriate
federal immigration agencies if the check shows that the
subject of the check does not have legal status to be present
in the United States after the completion of an appeal pursuant
to section 10A.114, if applicable.
DIVISION IV
Senate File 2218, p. 10
VOTER REGISTRATION — UNAUTHORIZED ALIENS
Sec. 25. Section 39A.2, subsection 1, paragraph a,
subparagraph (2), Code 2026, is amended to read as follows:
(2) Falsely swears to an oath required pursuant to section
48A.7A or 48A.11 .
Sec. 26. Section 48A.2, Code 2026, is amended by adding the
following new subsection:
NEW SUBSECTION . 4A. "Unauthorized alien" means a person
who is unlawfully present in the United States under the
federal Immigration and Nationality Act, 8 U.S.C. §1101 et
seq., as modified by applicable federal statutes, rules, and
regulations .
Sec. 27. Section 48A.6, Code 2026, is amended by adding the
following new subsection:
NEW SUBSECTION . 3. A person who is an unauthorized alien.
Sec. 28. Section 48A.11, Code 2026, is amended by adding the
following new subsection:
NEW SUBSECTION . 9. Each voter registration form shall
include the following oath:
By submitting this form, I do solemnly swear and affirm that
I am qualified to register to vote under the Constitution and
laws of the State of Iowa, and that all information provided in
my voter registration application is true. I have carefully
reviewed the instructions for completing the Iowa voter
registration application, and I further swear or affirm that
I am a United States citizen. I understand that if I have
provided false information on my voter registration application
that I could be subject to criminal penalties for perjury and
that I may be fined, imprisoned, or, if not a United States
citizen, deported from or refused entry into the United States.
Sec. 29. NEW SECTION . 48A.25B Verification of citizenship.
1. a. The state registrar of voters shall attempt to verify
all registered voters' United States citizenship using the
systematic alien verification for entitlements system of the
United States citizenship and immigration services, or its
successor agency. The state registrar of voters shall provide
notice to each county commissioner of registration of the
results of the citizenship verification for each registrant in
the county commissioner's county.
Senate File 2218, p. 11
b. Upon receipt of a notification that a registrant has not
been verified as a United States citizen, a county commissioner
of registration shall designate the records of the registrant
as unconfirmed as provided in section 48A.37, subsection 2.
2. A county commissioner of registration shall send notice
to a registrant whose record has been designated as unconfirmed
pursuant to subsection 1 that includes all of the following:
a. An opportunity for the registrant to cancel the
registrant's voter registration.
b. Instructions on how the registrant can provide proof of
citizenship to the county commissioner of registration.
c. Information on how to contact the United States
citizenship and immigration services, or its successor
agency, to correct information that the registrant believes is
inaccurate .
3. A registration that has been designated as unconfirmed
pursuant to subsection 1 shall be canceled pursuant to section
48A.30 if the registrant does not provide proof of citizenship
within ninety days of receiving a notice sent pursuant to
subsection 2.
4. The state registrar of voters shall, on a monthly basis,
verify the United States citizenship of all newly registered
voters as provided in subsection 1 and shall, on an annual
basis, verify the United States citizenship of all registered
voters as provided in subsection 1.
5. The state registrar of voters shall adopt rules pursuant
to chapter 17A to administer this section.
Sec. 30. NEW SECTION . 802. 2H Election misconduct in the
first degree.
An information or indictment for election misconduct in
the first degree in violation of section 39A.2 shall be found
within five years after the commission of the offense.
Sec. 31. Section 802.3, Code 2026, is amended to read as
follows :
802.3 Felony — aggravated or serious misdemeanor.
In all cases, except those enumerated in section 802.1,
802.2, 802. 2A, 802. 2B, 802. 2C, 802. 2D, 802. 2E, 802. 2F, 802. 2G,
802 ■ 2H, or 802.10, an indictment or information for a felony or
aggravated or serious misdemeanor shall be found within three
Senate File 2218, p. 12
years after its commission.
DIVISION V
PRETRIAL DETENTION
Sec. 32. Section 811.1, subsection 1, Code 2026, is amended
by adding the following new paragraphs:
NEW PARAGRAPH . Od. "Forcible felony" means the same as
defined in section 702.11.
NEW PARAGRAPH . 00d. "indictable offense" means the same as
defined in section 801.4.
NEW PARAGRAPH , e. "Unauthorized alien" means a person
who is unlawfully present in the United States according to
the terms of the federal Immigration and Nationality Act, 8
U.S.C. §1101 et seq. "Unauthorized alien" shall be interpreted
consistently with any applicable federal statutes, rules, or
regulations .
Sec. 33. Section 811.1, subsection 2, unnumbered paragraph
1, Code 2026, is amended to read as follows:
Aü Except as provided in subsection 3, all defendants
are bailable both before and after conviction, by sufficient
surety, or subject to release upon condition or on their own
recognizance, except that the following defendants shall not be
admitted to bail:
Sec. 34. Section 811.1, Code 2026, is amended by adding the
following new subsection:
NEW SUBSECTION . 3. a. Notwithstanding subsection 2,
all defendants are bailable before conviction, by sufficient
surety, or subject to release upon conditions or on their own
recognizance, except when the offense is for a forcible felony.
A charge for a forcible felony creates a rebuttable presumption
that the person is dangerous and that there is not a sufficient
surety or condition of release that will reasonably assure
the personal safety of another person or persons. If a court
determines that there is probable cause to believe that the
defendant committed a forcible felony, then the defendant shall
be detained without bail. The prosecuting attorney, or the
court on its own motion, must move for pretrial detention.
The defendant may rebut the presumption by demonstrating, by
a preponderance of the evidence, that adequate conditions of
release will reasonably assure the personal safety of another
Senate File 2218, p. 13
person or persons.
b. It shall be presumed that there are not sufficient
sureties or conditions of release that will secure the
appearance at trial of an unauthorized alien for an indictable
offense. If a court determines that there is probable cause to
believe that the defendant committed an indictable offense and
the court further determines by a preponderance of the evidence
that the defendant is an unauthorized alien, the prosecuting
attorney, or the court on its own motion, shall move for
pretrial detention. The defendant may rebut the presumption
by demonstrating, by a preponderance of the evidence, that
adequate conditions of release will secure the appearance of
the defendant at trial.
DIVISION VI
SEVERABILITY
Sec. 35. SEVERABILITY AND CONTINGENT IMPLEMENTATION.
1. If any provision of this Act or its application to any
person or circumstance is held invalid by a court of competent
jurisdiction, the invalidity does not affect other provisions
or applications of this Act which can be given effect without
the invalid provision or application. To this end, the
provisions of this Act are severable.
2. Notwithstanding subsection 1, if any provision
of division III of this Act relating to employment and
professional licensure verification is held invalid, the
remaining provisions of division III shall continue in effect.
The invalidation of provisions in division I or II of this
Act shall not affect the validity or enforceability of any
provision in division III.
3. a. The requirements of this Act shall be suspended
during any of the following periods in which the federal
government :
(1) Does not provide this state or its political
subdivisions access to the e-verify system of the United States
citizenship and immigration services.
(2) Does not provide this state access to the systematic
alien verification for entitlements system of the United
States department of homeland security and the United States
citizenship and immigration services.
Senate File 2218, p. 14
(3) Ceases to fund or operate the e-verify system or the
systematic alien verification for entitlements system.
(4) Terminates any memorandum of understanding,
intergovernmental service agreement, or other authorization
that permits this state to access such federal verification
systems .
b. Upon restoration of access to such federal verification
systems, the requirements of this Act shall resume effect
automatically without further legislative action.
c. During any period of suspension under this subsection, no
state or local government entity, or employee thereof, shall be
subject to civil or criminal liability for noncompliance with
the suspended requirements of this Act.
4. If any provision of this Act requiring transmission of
information to federal immigration enforcement agencies is held
invalid, such invalidity shall not affect any of the followings
a. The requirement to conduct employment eligibility
verification using the e-verify system.
b. The requirement to conduct citizenship and immigration
status verification using the systematic alien verification for
entitlements system.
c. The appeal process established in section 10A.114, as
enacted by division III of this Act, which shall remain in
effect for challenges to verification results.
d. Any other provision of this Act not dependent upon such
information transmission.
5. a. If any provision of this Act is enjoined by a federal
court, and such injunction creates a conflict between the
federal court order and state law requirements for political
subdivisions, including cities, counties, or school districts,
the injunction shall suspend the conflicting state law
requirements for such entities during the pendency of the
injunction.
b. No political subdivision, including a city, county,
or school district, or employee thereof, shall be subject to
civil or criminal penalty under state law for compliance with a
federal court injunction that conflicts with requirements of
this Act.
c. If a federal court enjoins specific provisions of
Senate File 2218, p. 15
this Act that are applicable to political subdivisions while
leaving state agency requirements in effect, the state agency
requirements shall continue to operate independently.
6. Each division of this Act shall be construed as
independent legislation. The invalidation of any provision
in division II or division III shall not affect the validity,
implementation, or enforcement of any provision in division I.
The invalidation of division I shall not affect divisions II or
III. The invalidation of division II shall not affect division
I or III.
7. If any aspect of the appeal process established in
section 10A.114, as enacted by division III of this Act, is
held invalid, the remaining procedural protections shall
continue in effect. If the timeline established in section
10A.114 is held invalid, challenges shall be processed under
the default administrative procedures of chapter 17A until
alternative procedures are established by rule.
8. Courts shall construe any invalidity as narrowly as
possible to preserve maximum effect for the remaining valid
provisions. No provision shall be held invalid based solely
on its association with invalid provisions if it can operate
independently .
AMY SINCLAIR .T GRASSLEY/
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2218, Ninety-first General Assembly.
W. CHARLES SMITHSON
Approved
Governor