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Senate File 2056

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 216.2, Code 1997, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  12A.  "Sexual orientation" means actual or
  1  4 perceived heterosexuality, homosexuality, or bisexuality.
  1  5 "Sexual orientation" does not include participation in acts
  1  6 which are prohibited by law.
  1  7    Sec. 2.  Section 216.5, subsections 6 and 8, Code 1997, are
  1  8 amended to read as follows:
  1  9    6.  To issue such publications and reports of
  1 10 investigations and research as in the judgment of the
  1 11 commission shall tend to promote good will among the various
  1 12 racial, religious, and ethnic groups of the state and which
  1 13 shall tend to minimize or eliminate discrimination in public
  1 14 accommodations, employment, apprenticeship and on-the-job
  1 15 training programs, vocational schools, or housing because of
  1 16 race, creed, color, sex, sexual orientation, national origin,
  1 17 religion, ancestry, or disability.
  1 18    8.  To make recommendations to the general assembly for
  1 19 such further legislation concerning discrimination because of
  1 20 race, creed, color, sex, sexual orientation, national origin,
  1 21 religion, ancestry, or disability as it may deem necessary and
  1 22 desirable.
  1 23    Sec. 3.  Section 216.6, subsection 1, paragraphs a, b, and
  1 24 c, Code 1997, are amended to read as follows:
  1 25    a.  Person to refuse to hire, accept, register, classify,
  1 26 or refer for employment, to discharge any employee, or to
  1 27 otherwise discriminate in employment against any applicant for
  1 28 employment or any employee because of the age, race, creed,
  1 29 color, sex, sexual orientation, national origin, religion, or
  1 30 disability of such applicant or employee, unless based upon
  1 31 the nature of the occupation.  If a person with a disability
  1 32 is qualified to perform a particular occupation, by reason of
  1 33 training or experience, the nature of that occupation shall
  1 34 not be the basis for exception to the unfair or discriminating
  1 35 practices prohibited by this subsection.
  2  1    b.  Labor organization or the employees, agents, or members
  2  2 thereof to refuse to admit to membership any applicant, to
  2  3 expel any member, or to otherwise discriminate against any
  2  4 applicant for membership or any member in the privileges,
  2  5 rights, or benefits of such membership because of the age,
  2  6 race, creed, color, sex, sexual orientation, national origin,
  2  7 religion, or disability of such applicant or member.
  2  8    c.  Employer, employment agency, labor organization, or the
  2  9 employees, agents, or members thereof to directly or
  2 10 indirectly advertise or in any other manner indicate or
  2 11 publicize that individuals of any particular age, race, creed,
  2 12 color, sex, sexual orientation, national origin, religion, or
  2 13 disability are unwelcome, objectionable, not acceptable, or
  2 14 not solicited for employment or membership unless based on the
  2 15 nature of the occupation.  If a person with a disability is
  2 16 qualified to perform a particular occupation by reason of
  2 17 training or experience, the nature of that occupation shall
  2 18 not be the basis for exception to the unfair or discriminating
  2 19 practices prohibited by this subsection.
  2 20    An employer, employment agency, or their employees,
  2 21 servants, or agents may offer employment or advertise for
  2 22 employment to only persons with disabilities, when other
  2 23 applicants have available to them other employment compatible
  2 24 with their ability which would not be available to persons
  2 25 with disabilities because of their disabilities.  Any such
  2 26 employment or offer of employment shall not discriminate among
  2 27 persons with disabilities on the basis of race, color, creed,
  2 28 sex, sexual orientation, or national origin.
  2 29    Sec. 4.  Section 216.6, subsection 6, paragraph d, Code
  2 30 1997, is amended to read as follows:
  2 31    d.  Any bona fide religious institution or its educational
  2 32 facility, association, corporation, or society with respect to
  2 33 any qualifications for employment based on religion or sexual
  2 34 orientation when such qualifications are related to a bona
  2 35 fide religious purpose.  A religious qualification for
  3  1 instructional personnel or an administrative officer, serving
  3  2 in a supervisory capacity of a bona fide religious educational
  3  3 facility or religious institution, shall be presumed to be a
  3  4 bona fide occupational qualification.
  3  5    Sec. 5.  Section 216.7, subsection 1, paragraphs a and b,
  3  6 Code 1997, are amended to read as follows:
  3  7    a.  To refuse or deny to any person because of race, creed,
  3  8 color, sex, sexual orientation, national origin, religion, or
  3  9 disability the accommodations, advantages, facilities,
  3 10 services, or privileges thereof, or otherwise to discriminate
  3 11 against any person because of race, creed, color, sex, sexual
  3 12 orientation, national origin, religion, or disability in the
  3 13 furnishing of such accommodations, advantages, facilities,
  3 14 services, or privileges.
  3 15    b.  To directly or indirectly advertise or in any other
  3 16 manner indicate or publicize that the patronage of persons of
  3 17 any particular race, creed, color, sex, sexual orientation,
  3 18 national origin, religion, or disability is unwelcome,
  3 19 objectionable, not acceptable, or not solicited.
  3 20    Sec. 6.  Section 216.7, subsection 2, paragraph a, Code
  3 21 1997, is amended to read as follows:
  3 22    a.  Any bona fide religious institution with respect to any
  3 23 qualifications the institution may impose based on religion or
  3 24 sexual orientation when such qualifications are related to a
  3 25 bona fide religious purpose.
  3 26    Sec. 7.  Section 216.8, subsections 1 through 4, Code 1997,
  3 27 are amended to read as follows:
  3 28    1.  To refuse to sell, rent, lease, assign, sublease,
  3 29 refuse to negotiate, or to otherwise make unavailable, or deny
  3 30 any real property or housing accommodation or part, portion or
  3 31 interest therein, to any person because of the race, color,
  3 32 creed, sex, sexual orientation, religion, national origin,
  3 33 disability, or familial status of such person.
  3 34    2.  To discriminate against any person because of the
  3 35 person's race, color, creed, sex, sexual orientation,
  4  1 religion, national origin, disability, or familial status, in
  4  2 the terms, conditions or privileges of the sale, rental, lease
  4  3 assignment or sublease of any real property or housing
  4  4 accommodation or any part, portion or interest in the real
  4  5 property or housing accommodation or in the provision of
  4  6 services or facilities in connection with the real property or
  4  7 housing accommodation.
  4  8    For purposes of this section, "person" means one or more
  4  9 individuals, corporations, partnerships, associations, labor
  4 10 organizations, legal representatives, mutual companies, joint
  4 11 stock companies, trusts, unincorporated organizations,
  4 12 trustees, trustees in cases under Title 11 of the United
  4 13 States Code, receivers, and fiduciaries.
  4 14    3.  To directly or indirectly advertise, or in any other
  4 15 manner indicate or publicize that the purchase, rental, lease,
  4 16 assignment, or sublease of any real property or housing
  4 17 accommodation or any part, portion or interest therein, by
  4 18 persons of any particular race, color, creed, sex, sexual
  4 19 orientation, religion, national origin, disability, or
  4 20 familial status is unwelcome, objectionable, not acceptable or
  4 21 not solicited.
  4 22    4.  To discriminate against the lessee or purchaser of any
  4 23 real property or housing accommodation or part, portion or
  4 24 interest of the real property or housing accommodation, or
  4 25 against any prospective lessee or purchaser of the property or
  4 26 accommodation, because of the race, color, creed, religion,
  4 27 sex, sexual orientation, disability, age, or national origin
  4 28 of persons who may from time to time be present in or on the
  4 29 lessee's or owner's premises for lawful purposes at the
  4 30 invitation of the lessee or owner as friends, guests,
  4 31 visitors, relatives or in any similar capacity.
  4 32    Sec. 8.  Section 216.8A, subsections 1 and 2, Code 1997,
  4 33 are amended to read as follows:
  4 34    1.  A person shall not induce or attempt to induce another
  4 35 person to sell or rent a dwelling by representations regarding
  5  1 the entry or prospective entry into a neighborhood of a person
  5  2 of a particular race, color, creed, sex, sexual orientation,
  5  3 religion, national origin, disability, or familial status.
  5  4    2.  A person shall not represent to a person of a
  5  5 particular race, color, creed, sex, sexual orientation,
  5  6 religion, national origin, disability, or familial status that
  5  7 a dwelling is not available for inspection, sale, or rental
  5  8 when the dwelling is available for inspection, sale, or
  5  9 rental.
  5 10    Sec. 9.  Section 216.8A, subsection 4, paragraph a, Code
  5 11 1997, is amended to read as follows:
  5 12    a.  A person whose business includes engaging in resi-
  5 13 dential real estate related transactions shall not
  5 14 discriminate against a person in making a residential real
  5 15 estate related transaction available or in terms or conditions
  5 16 of a residential real estate related transaction because of
  5 17 race, color, creed, sex, sexual orientation, religion,
  5 18 national origin, disability, or familial status.
  5 19    Sec. 10.  Section 216.8A, subsection 5, Code 1997, is
  5 20 amended to read as follows:
  5 21    5.  A person shall not deny another person access to, or
  5 22 membership or participation in, a multiple-listing service,
  5 23 real estate brokers' organization or other service,
  5 24 organization, or facility relating to the business of selling
  5 25 or renting dwellings, or discriminate against a person in
  5 26 terms or conditions of access, membership, or participation in
  5 27 such organization because of race, color, creed, sex, sexual
  5 28 orientation, religion, national origin, disability, or
  5 29 familial status.
  5 30    Sec. 11.  Section 216.9, unnumbered paragraph 1, Code 1997,
  5 31 is amended to read as follows:
  5 32    It is an unfair or discriminatory practice for any
  5 33 educational institution to discriminate on the basis of race,
  5 34 creed, color, sex, sexual orientation, national origin,
  5 35 religion, or disability in any program or activity.  Such
  6  1 discriminatory practices shall include but not be limited to
  6  2 the following practices:
  6  3    Sec. 12.  Section 216.9, subsection 4, unnumbered paragraph
  6  4 2, Code 1997, is amended to read as follows:
  6  5    For the purpose of this section "educational institution"
  6  6 includes any preschool, elementary, secondary, or community
  6  7 college, area education agency, or postsecondary college or
  6  8 university and their governing boards.  This section does not
  6  9 prohibit an educational institution from maintaining separate
  6 10 toilet facilities, locker rooms or living facilities for the
  6 11 different sexes so long as comparable facilities are provided.
  6 12 Nothing in this section shall be construed as prohibiting any
  6 13 bona fide religious institution from imposing qualifications
  6 14 based on religion or sexual orientation when such
  6 15 qualifications are related to a bona fide religious purpose or
  6 16 any institution from admitting students of only one sex.
  6 17    Sec. 13.  Section 216.10, Code 1997, is amended to read as
  6 18 follows:
  6 19    216.10  UNFAIR CREDIT PRACTICES.
  6 20    It shall be an unfair or discriminatory practice for any:
  6 21    1.  Creditor to refuse to enter into a consumer credit
  6 22 transaction or impose finance charges or other terms or
  6 23 conditions more onerous than those regularly extended by that
  6 24 creditor to consumers of similar economic backgrounds because
  6 25 of age, color, creed, national origin, race, religion, marital
  6 26 status, sex, sexual orientation, physical disability, or
  6 27 familial status.
  6 28    2.  Person authorized or licensed to do business in this
  6 29 state pursuant to chapter 524, 533, 534, 536, or 536A to
  6 30 refuse to loan or extend credit or to impose terms or
  6 31 conditions more onerous than those regularly extended to
  6 32 persons of similar economic backgrounds because of age, color,
  6 33 creed, national origin, race, religion, marital status, sex,
  6 34 sexual orientation, physical disability, or familial status.
  6 35    3.  Creditor to refuse to offer credit life or health and
  7  1 accident insurance because of color, creed, national origin,
  7  2 race, religion, marital status, age, physical disability, sex,
  7  3 sexual orientation, or familial status.  Refusal by a creditor
  7  4 to offer credit life or health and accident insurance based
  7  5 upon the age or physical disability of the consumer shall not
  7  6 be an unfair or discriminatory practice if such denial is
  7  7 based solely upon bona fide underwriting considerations not
  7  8 prohibited by title XIII, subtitle 1.
  7  9    The provisions of this section shall not be construed by
  7 10 negative implication or otherwise to narrow or restrict any
  7 11 other provisions of this chapter.
  7 12    Sec. 14.  Section 216.12, subsection 1, Code 1997, is
  7 13 amended to read as follows:
  7 14    1.  Any bona fide religious institution with respect to any
  7 15 qualifications it may impose based on religion or sexual
  7 16 orientation, when the qualifications are related to a bona
  7 17 fide religious purpose unless the religious institution owns
  7 18 or operates property for a commercial purpose or membership in
  7 19 the religion is restricted on account of race, color, or
  7 20 national origin.
  7 21    Sec. 15.  Section 216.12A, Code 1997, is amended to read as
  7 22 follows:
  7 23    216.12A  ADDITIONAL HOUSING EXCEPTION.
  7 24    Sections 216.8 and 216.8A do not prohibit a person engaged
  7 25 in the business of furnishing appraisals of real estate from
  7 26 taking into consideration factors other than race, color,
  7 27 creed, sex, sexual orientation, religion, national origin,
  7 28 disability, or familial status in appraising real estate.  
  7 29                           EXPLANATION
  7 30    This bill defines sexual orientation and prohibits
  7 31 discriminatory employment, public accommodation, housing,
  7 32 education, and credit practices based upon a person's sexual
  7 33 orientation.  However, the bill does allow for the imposition
  7 34 of qualifications by bona fide religious institutions based
  7 35 upon sexual orientation if related to a bona fide religious
  8  1 purpose.  
  8  2 LSB 3103SS 77
  8  3 ec/cf/24
     

Text: SF02055                           Text: SF02057
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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