Text of IA HF 2164 (2018)

House File 2164 - Introduced HOUSE FILE BY SALMON, WHEELER, SHEETS, BAXTER, GUSTAFSON, WATTS, GASSMAN, HOLT, HEARTSILL, FISHER, LANDON, and JACOBSEN A BILL FOR 1 An Act relating to unfair practices involving access to areas 2 of public accommodations or educational institutions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5919YH (3) 87 asf/rj PAG LIN 1 1 Section 1. Section 216.7, subsection 2, paragraph a, Code 1 2 2018, is amended to read as follows: 1 3 a. Any bona fide religious institution with respect to any 1 4 qualifications the institution may impose based on religion, 1 5 sexual orientation, or gender identity when such qualifications 1 6 are related to a bona fide religious purpose. 1 7 Sec. 2. Section 216.7, subsection 2, Code 2018, is amended 1 8 by adding the following new paragraph: 1 9 NEW PARAGRAPH. c. An action to refuse or deny access to a 1 10 toilet facility, locker room, living facility, or other area of 1 11 a public accommodation designated for use by persons of one sex 1 12 to a person of the other sex. 1 13 Sec. 3. Section 216.9, subsection 2, Code 2018, is amended 1 14 to read as follows: 1 15 2. For the purpose of this section, "educational 1 16 institution" includes any preschool, elementary or secondary 1 17 school, community college, area education agency, or 1 18 postsecondary college or university and their governing boards. 1 19 This section does not prohibit an educational institution 1 20 from maintaining separate toilet facilities, locker rooms, 1 21 or living facilities for the different sexes so long as 1 22 comparable facilities are provided. This section does not 1 23 require an educational institution to allow access to toilet 1 24 facilities, locker rooms, or living facilities designated for 1 25 use by persons of one sex to a person of the other sex and 1 26 does not allow the commission to pursue administrative or 1 27 legal action against an educational institution that does not 1 28 provide those rooms or facilities. Nothing in this section 1 29 shall be construed as prohibiting any bona fide religious 1 30 institution from imposing qualifications based on religion, 1 31 sexual orientation, or gender identity when such qualifications 1 32 are related to a bona fide religious purpose or any institution 1 33 from admitting students of only one sex. 1 34 EXPLANATION 1 35 The inclusion of this explanation does not constitute agreement with 2 1 the explanation's substance by the members of the general assembly. 2 2 This bill amends the Iowa civil rights Act of 1965 contained 2 3 in Code chapter 216. Code sections 216.7 and 216.9 relate to 2 4 unfair practices regarding access to public accommodations 2 5 and educational institutions. Current law allows a bona fide 2 6 religious institution to impose qualifications for access to 2 7 such accommodations and educational institutions when such 2 8 qualifications are related to a bona fide religious purpose. 2 9 The bill removes the requirement that the qualifications be 2 10 related to a bona fide religious purpose. 2 11 The bill excludes an action to refuse or deny access to a 2 12 toilet facility, locker room, living facility, or other area 2 13 of a public accommodation designated for use by persons of one 2 14 sex to a person of the other sex from the activities which 2 15 constitute unfair or discriminatory practices by a public 2 16 accommodation under Code chapter 216. 2 17 The bill also provides that an educational institution 2 18 is not required to allow access to toilet facilities, locker 2 19 rooms, or living facilities designated for use by persons of 2 20 one sex to a person of the other sex and provides that the civil 2 21 rights commission may not pursue administrative or legal action 2 22 against an educational institution that does not provide those 2 23 rooms or facilities. LSB 5919YH (3) 87 asf/rj