Text of IA HF 2207 (2016)

House File 2207 - Introduced HOUSE FILE BY SALMON, HEARTSILL, GASSMAN, HOLT, WATTS, KOOIKER, SHEETS, BAXTER, and FISHER A BILL FOR 1 An Act establishing the government nondiscrimination Act, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5150YH (16) 86 pf/rj PAG LIN 1 1 Section 1. NEW SECTION. 216F.1 Title. 1 2 This chapter shall be known and may be cited as the 1 3 "Government Nondiscrimination Act". 1 4 Sec. 2. NEW SECTION. 216F.2 Definitions. 1 5 As used in this chapter, unless the context otherwise 1 6 requires: 1 7 1. "Person" means an individual or a corporation, company, 1 8 sole proprietorship, partnership, society, club, organization, 1 9 agency, association, church, religious corporation, religious 1 10 association, religious organization or agency, or religious 1 11 educational institution, or any employee, agent, or volunteer 1 12 of any of these entities. 1 13 2. "State" means any department, commission, board, agency, 1 14 or agent of the state; any political subdivision of the state 1 15 and any department, commission, board, agency, or agent of such 1 16 political subdivision; and any individual or entity acting 1 17 under color of state law. 1 18 3. "State benefit program" means any program administered 1 19 or funded by the state, or by any agent on behalf of the state, 1 20 providing cash, vouchers, payments, grants, contracts, loans, 1 21 or in=kind assistance. 1 22 Sec. 3. NEW SECTION. 216F.3 Protection of the free exercise 1 23 of religious beliefs and moral convictions. 1 24 1. Notwithstanding any law to the contrary, the state shall 1 25 not take any discriminatory or adverse action against a person, 1 26 wholly or partially on the basis that such person believes, 1 27 speaks, or acts in accordance with a sincerely held religious 1 28 belief or moral conviction that evidences any of the following: 1 29 a. Marriage is or should be recognized as the union of one 1 30 man and one woman. 1 31 b. Male and female refer to distinct and immutable 1 32 biological sexes that are determinable by anatomy and genetics 1 33 by the time of birth. 1 34 2. As used in subsection 1, a discriminatory or adverse 1 35 action means any action taken by the state against a person 2 1 described in subsection 1 that results in any of the following: 2 2 a. Altering in any way the tax treatment of, or causing 2 3 any tax, penalty, or payment to be assessed against, or 2 4 denying, delaying, revoking, or otherwise making unavailable 2 5 an exemption from taxation of such persons. To the extent 2 6 the state relies on the determination of a federal entity in 2 7 determining tax treatment of a person, the determination of 2 8 the federal entity shall be imputed to the state under this 2 9 paragraph. 2 10 b. Applying or causing to be applied, a fine, penalty, or 2 11 payment assessed against such person. 2 12 c. Disallowing, denying, or otherwise making unavailable a 2 13 deduction for state tax purposes of any charitable contribution 2 14 made to or by such person. 2 15 d. Withholding, reducing, excluding, terminating, 2 16 materially altering the terms or conditions of, or 2 17 otherwise making unavailable or denying any state grant, 2 18 contract, subcontract, cooperative agreement, guarantee, 2 19 loan, scholarship, diploma, grade, recognition, license, 2 20 certification, accreditation, employment, or other similar 2 21 benefit, position, or status from or to such person. 2 22 e. Withholding, reducing, excluding, terminating, or 2 23 otherwise making unavailable or denying any entitlement or 2 24 benefit under a state benefit program, including admission 2 25 to, equal treatment in, or eligibility for a degree from an 2 26 educational program, from or to such person. 2 27 f. Withholding, reducing, excluding, terminating, 2 28 or otherwise making unavailable or denying access or an 2 29 entitlement to state property, facilities, educational 2 30 institutions, speaking forums whether traditional, limited, or 2 31 nonpublic, or charitable fundraising campaigns from or to such 2 32 person. 2 33 g. Investigating or initiating an investigation, claim, or 2 34 administrative proceeding of such person, if that person would 2 35 not otherwise be subject to such action. 3 1 3. The state shall consider accredited, licensed, or 3 2 certified any person that would otherwise be accredited, 3 3 licensed, or certified, respectively, for any purposes under 3 4 state law but for a determination against such person wholly 3 5 or partially on the basis that the person believes, speaks, or 3 6 acts in accordance with a sincerely held religious belief or 3 7 moral conviction described in subsection 1. 3 8 Sec. 4. NEW SECTION. 216F.4 Cause of action and relief == 3 9 standing == attorney fees and costs == state enforcement. 3 10 1. A person may assert an actual or threatened violation 3 11 of this chapter as a claim or defense in any judicial or 3 12 administrative proceeding and obtain compensatory damages, 3 13 injunctive relief, declaratory relief, or any other appropriate 3 14 relief. Standing to assert a claim or defense under this 3 15 section shall be governed by the general rules of standing 3 16 under the laws of this state. 3 17 2. Notwithstanding any provision of law to the contrary, an 3 18 action under this section may be commenced, and relief may be 3 19 granted, in a court of the state without regard to whether the 3 20 person commencing the action has sought or exhausted available 3 21 administrative remedies. 3 22 3. In any action or proceeding to enforce a provision of 3 23 this chapter, a prevailing party who establishes a violation of 3 24 this chapter shall be entitled to recover reasonable attorney 3 25 fees and costs. 3 26 4. In addition to or in lieu of a person asserting a 3 27 violation of this chapter under subsection 1, the office of 3 28 the attorney general may also bring an action for injunctive 3 29 or declaratory relief against the state to enforce compliance 3 30 with this chapter. This subsection shall not be construed to 3 31 deny, impair, or otherwise affect any right or authority of the 3 32 office of the attorney general or the state, acting under any 3 33 law other than this subsection, to institute or intervene in 3 34 any proceeding. 3 35 Sec. 5. NEW SECTION. 216F.5 Rules of construction. 4 1 1. This chapter shall be construed in favor of a broad 4 2 protection of free exercise of religious beliefs and moral 4 3 convictions, to the maximum extent permitted by the terms of 4 4 this chapter and the Constitution of the State of Iowa and the 4 5 Constitution of the United States. 4 6 2. This chapter shall not be construed to prevent the state 4 7 from providing, either directly or through an individual or 4 8 entity not seeking protection under this chapter, any benefit 4 9 or service authorized under state law. 4 10 3. This chapter shall not be construed to authorize a 4 11 medical provider, hospital, clinic, hospice program, or health 4 12 care facility to deny visitation, to refuse to recognize 4 13 an attorney in fact under a durable power of attorney for 4 14 health care pursuant to chapter 144B, or to refuse to provide 4 15 life=saving or emergency medical treatment necessary to cure 4 16 an illness or disease. 4 17 4. The protection of free exercise of religious beliefs 4 18 and moral convictions afforded by this chapter is in addition 4 19 to the protections provided under federal law, state law, and 4 20 the Constitution of the State of Iowa and the Constitution of 4 21 the United States. This chapter shall not be construed to 4 22 preempt or repeal any state or local law that is equally or 4 23 more protective of free exercise of religious beliefs or moral 4 24 convictions, and this chapter shall not be construed to narrow 4 25 the meaning or application of any state or local law protecting 4 26 free exercise of religious beliefs or moral convictions. 4 27 Sec. 6. NEW SECTION. 216F.6 Severability. 4 28 If any provision of this chapter or the application 4 29 thereof to any person or circumstances is held invalid, the 4 30 invalidity shall not affect other provisions or applications 4 31 of this chapter which can be given effect without the invalid 4 32 provisions or application and, to this end, the provisions of 4 33 this chapter are severable. 4 34 Sec. 7. EFFECTIVE DATE. This Act takes effect thirty days 4 35 after enactment. 5 1 EXPLANATION 5 2 The inclusion of this explanation does not constitute agreement with 5 3 the explanation's substance by the members of the general assembly. 5 4 This bill establishes the "Government Nondiscrimination 5 5 Act" and provides definitions. The bill provides that 5 6 notwithstanding any law to the contrary, the state shall not 5 7 take any discriminatory or adverse action against a person, 5 8 wholly or partially on the basis that such person believes, 5 9 speaks, or acts in accordance with a sincerely held religious 5 10 belief or moral conviction that evidences that marriage is or 5 11 should be recognized as the union of one man and one woman; or 5 12 that male and female refer to distinct and immutable biological 5 13 sexes that are determinable by anatomy and genetics by the time 5 14 of birth. 5 15 The bill specifies what a discriminatory or adverse 5 16 action means when taken by the state against such a person. 5 17 Discriminatory or adverse actions include altering in any 5 18 way the tax treatment of, or causing any tax, penalty, 5 19 or payment to be assessed against, or denying, delaying, 5 20 revoking, or otherwise making unavailable an exemption 5 21 from taxation of such persons and provides for imputing 5 22 federal determinations of tax treatment of a person when the 5 23 state relies on such federal determinations; applying or 5 24 causing to be applied, a fine, penalty, or payment assessed 5 25 against such person; disallowing, denying, or otherwise 5 26 making unavailable a deduction for state tax purposes of any 5 27 charitable contribution made to or by such person; withholding, 5 28 reducing, excluding, terminating, materially altering the 5 29 terms or conditions of, or otherwise making unavailable or 5 30 denying any state grant, contract, subcontract, cooperative 5 31 agreement, guarantee, loan, scholarship, diploma, grade, 5 32 recognition, license, certification, accreditation, employment, 5 33 or other similar benefit, position, or status from or to such 5 34 person; withholding, reducing, excluding, terminating, or 5 35 otherwise making unavailable or denying any entitlement or 6 1 benefit under a state benefit program as defined by the bill, 6 2 including admission to, equal treatment in, or eligibility for 6 3 a degree from an educational program, from or to such person; 6 4 withholding, reducing, excluding, terminating, or otherwise 6 5 making unavailable or denying access or an entitlement to state 6 6 property, facilities, educational institutions, speaking forums 6 7 whether traditional, limited, or nonpublic, or charitable 6 8 fundraising campaigns from or to such person; and investigating 6 9 or initiating an investigation, claim, or administrative 6 10 proceeding of such person, if that person would not otherwise 6 11 be subject to such action. Under the bill, the state is 6 12 to consider accredited, licensed, or certified any person 6 13 that would otherwise be accredited, licensed, or certified, 6 14 respectively, for any purposes under state law but for a 6 15 determination against such person wholly or partially on the 6 16 basis that the person believes, speaks, or acts in accordance 6 17 with a sincerely held religious belief or moral conviction as 6 18 described in the bill. 6 19 The bill provides that a person may assert an actual or 6 20 threatened violation of the bill as a cause of action in any 6 21 judicial or administrative proceeding and obtain compensatory 6 22 damages, injunctive relief, declaratory relief, or any other 6 23 appropriate relief. Standing to assert a claim or defense 6 24 under the bill is governed by the general rules of standing 6 25 under the laws of the state. Notwithstanding any provision of 6 26 law to the contrary, an action under the bill may be commenced, 6 27 and relief may be granted, in a court of the state without 6 28 regard to whether the person commencing the action has sought 6 29 or exhausted available administrative remedies. A prevailing 6 30 party in an action under the new Code chapter who establishes 6 31 a violation of the new Code chapter is entitled to recover 6 32 reasonable attorney fees and costs. The office of the attorney 6 33 general may also bring an action for injunctive or declaratory 6 34 relief against the state to enforce compliance with the new 6 35 Code chapter. The bill is not to be construed to deny, impair, 7 1 or otherwise affect any right or authority of the office of the 7 2 attorney general or the state, acting under any law other than 7 3 the bill, to institute or intervene in any proceeding. 7 4 The bill is to be construed in favor of a broad protection 7 5 of free exercise of religious beliefs and moral convictions, 7 6 to the maximum extent permitted by the terms of the bill and 7 7 the Constitutions of the State of Iowa and of the United 7 8 States. The bill is not to be construed to prevent the state 7 9 from providing any benefit or service authorized under state 7 10 law. The bill is also not to be construed to authorize a 7 11 medical provider, hospital, clinic, hospice program, or health 7 12 care facility to deny visitation, to refuse to recognize 7 13 an attorney in fact under a durable power of attorney for 7 14 health care pursuant to Code chapter 144B, or to refuse to 7 15 provide life=saving or emergency medical treatment necessary 7 16 to cure illness or disease. The protection of free exercise 7 17 of religious beliefs and moral convictions afforded by the 7 18 bill is in addition to the protections provided under federal 7 19 law, state law, and the Constitutions of the State of Iowa 7 20 and of the United States, and the bill is not to be construed 7 21 to preempt or repeal any state or local law that is equally 7 22 or more protective of free exercise of religious beliefs or 7 23 moral convictions or to narrow the meaning or application of 7 24 any state or local law protecting free exercise of religious 7 25 beliefs or moral convictions. 7 26 The provisions of the bill are severable. The bill takes 7 27 effect 30 days after enactment. LSB 5150YH (16) 86 pf/rj