House File 111
HOUSE FILE
BY ALONS, BODDICKER, MERTZ,
ROBERTS, BOAL, DE BOEF,
LUKAN, CHAMBERS, MANTERNACH,
KRAMER, and HOFFMAN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to criteria to be used in the awarding of grants
2 or contracts relating to family planning and reproductive
3 health services.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1449YH 80
6 pf/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 135M.1 FUNDING OF FAMILY
1 2 PLANNING, PREGNANCY PREVENTION, AND REPRODUCTIVE HEALTH
1 3 SERVICES == PRIORITIZATION.
1 4 1. Except as otherwise provided in this section, the Iowa
1 5 department of public health, the department of human services,
1 6 and any other state agency that awards grants or contracts
1 7 under 42 C.F.R., subpt. A, pt. 59, or state=appropriated
1 8 family planning, pregnancy prevention, or reproductive health
1 9 services grant or contract funding, shall give priority in the
1 10 awarding of such grants or contracts to entities that engage
1 11 in the least number of the following activities:
1 12 a. Performance of abortions or the allowing of the
1 13 performance of abortions within a facility owned or operated
1 14 by the entity.
1 15 b. Referral of pregnant women to abortion providers.
1 16 c. Adoption or maintenance of a policy, in writing, that
1 17 abortion is considered part of the continuum of family
1 18 planning or reproductive health services.
1 19 d. Public advocacy promoting the legality or accessibility
1 20 of abortion.
1 21 2. Subsection 1 shall not apply in the awarding of a grant
1 22 or contract if the only applicant for the grant or contract
1 23 engages in one or more of the activities described in
1 24 subsection 1.
1 25 3. Subsection 1 shall not apply to an applicant if the
1 26 applicant's participation in any activity described in
1 27 subsection 1 is required under federal law as a basis for
1 28 receiving federal funding.
1 29 4. If an applicant for a grant or contract is affiliated
1 30 with another entity that engages in one or more of the
1 31 activities described in subsection 1, the activities of the
1 32 affiliate shall be considered activities of the applicant.
1 33 However, for the purposes of the awarding of the grant or
1 34 contract, the applicant shall be considered independent of the
1 35 affiliated entity if all of the following conditions are met:
2 1 a. The physical properties and equipment of the applicant
2 2 are separate and not shared with the affiliated entity.
2 3 b. The financial records of the applicant and the
2 4 affiliated entity demonstrate that the affiliated entity does
2 5 not receive funds from the applicant.
2 6 c. The paid personnel of the applicant do not perform any
2 7 function or duty on behalf of the affiliated entity while on
2 8 the physical property of the applicant or during the hours the
2 9 personnel are being compensated by the applicant.
2 10 5. For the purposes of this section:
2 11 a. "Abortion" means abortion as defined in section 146.1.
2 12 b. "Affiliated" means the sharing between entities of any
2 13 of the following:
2 14 (1) A common name or other identifier.
2 15 (2) Members of a governing board.
2 16 (3) A director.
2 17 (4) Paid personnel.
2 18 c. "Entity" means an agency, organization, or corporation,
2 19 or a subdivision, contractee, subcontractee, or grant
2 20 recipient of an agency, organization, or corporation.
2 21 d. "Public advocacy" means any of the following:
2 22 (1) To regularly engage in efforts to encourage the
2 23 passage or defeat of legislation pertaining to continued or
2 24 expanded availability of abortion.
2 25 (2) To publicly endorse or recommend the election or
2 26 defeat of a candidate for public office based on the
2 27 candidate's position on the legality of abortion.
2 28 (3) To engage in civil litigation against a unit of
2 29 government as a plaintiff seeking to enjoin or otherwise
2 30 prohibit enforcement of a statute, ordinance, rule, or
2 31 regulation pertaining to abortion.
2 32 EXPLANATION
2 33 This bill requires the Iowa department of public health,
2 34 the department of human services, and any other state agency
2 35 that awards grants or contracts under the federal family
3 1 planning services program or under state=appropriated family
3 2 planning, pregnancy prevention, or reproductive health
3 3 services grant or contract funding, to give priority in the
3 4 awarding of such grants or contracts to entities that engage
3 5 in the least number of the following activities: performance
3 6 of abortions or the allowing of the performance of abortions
3 7 within a facility owned or operated by the entity; referral of
3 8 pregnant women to abortion providers; adoption or maintenance
3 9 of a policy, in writing, that abortion is considered part of
3 10 the continuum of family planning or reproductive health
3 11 services; or public advocacy promoting the legality or
3 12 accessibility of abortion.
3 13 The requirements do not apply in the awarding of a grant or
3 14 contract if the only applicant for the grant or contract
3 15 engages in one or more of the activities. The requirements
3 16 also do not apply to an applicant if the applicant's
3 17 participation in any activity described is required under
3 18 federal law as a basis for receiving federal funding.
3 19 The bill provides that if an applicant for a grant or
3 20 contract is affiliated with another entity that engages in one
3 21 or more of the activities described, the activities of the
3 22 affiliate are to be considered activities of the applicant.
3 23 However, the applicant may be considered independent of the
3 24 affiliated entity if the physical properties and equipment of
3 25 the applicant are separate and not shared with the affiliated
3 26 entity, the financial records of the applicant and the
3 27 affiliated entity demonstrate that the affiliated entity does
3 28 not receive funds from the applicant and the paid personnel of
3 29 the applicant do not perform any function or duty on behalf of
3 30 the affiliated entity while on the physical property of the
3 31 applicant or during the hours the personnel are being
3 32 compensated by the applicant.
3 33 LSB 1449YH 80
3 34 pf/sh/8