House Study Bill 759 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            VETERANS AFFAIRS BILL BY
                                            CHAIRPERSON ZIRKELBACH)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the Iowa civil rights Act and discrimination
  2    based upon a person's military status.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6542HC 82
  5 rh/rj/24

PAG LIN



  1  1    Section 1.  Section 216.2, Code Supplement 2007, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  11A.  "Military status" means a person's
  1  4 status on active duty in or status as a veteran of the armed
  1  5 forces of the United States, status as a current member or
  1  6 veteran of any reserve component of the armed forces of the
  1  7 United States, or status as a current member or veteran of the
  1  8 Iowa army national guard or Iowa air national guard.
  1  9    Sec. 2.  Section 216.5, subsections 6 and 8, Code
  1 10 Supplement 2007, are amended to read as follows:
  1 11    6.  To issue such publications and reports of
  1 12 investigations and research as in the judgment of the
  1 13 commission shall tend to promote goodwill among the various
  1 14 racial, religious, and ethnic groups of the state and which
  1 15 shall tend to minimize or eliminate discrimination in public
  1 16 accommodations, employment, apprenticeship and on=the=job
  1 17 training programs, vocational schools, or housing because of
  1 18 race, creed, color, sex, sexual orientation, gender identity,
  1 19 national origin, religion, ancestry, or disability, or
  1 20 military status.
  1 21    8.  To make recommendations to the general assembly for
  1 22 such further legislation concerning discrimination because of
  1 23 race, creed, color, sex, sexual orientation, gender identity,
  1 24 national origin, religion, ancestry, or disability, or
  1 25 military status as it may deem necessary and desirable.
  1 26    Sec. 3.  Section 216.6, subsection 1, paragraphs a, b, and
  1 27 c, Code Supplement 2007, are amended to read as follows:
  1 28    a.  Person to refuse to hire, accept, register, classify,
  1 29 or refer for employment, to discharge any employee, or to
  1 30 otherwise discriminate in employment against any applicant for
  1 31 employment or any employee because of the age, race, creed,
  1 32 color, sex, sexual orientation, gender identity, national
  1 33 origin, religion, or disability, or military status of such
  1 34 applicant or employee, unless based upon the nature of the
  1 35 occupation.  If a person with a disability is qualified to
  2  1 perform a particular occupation, by reason of training or
  2  2 experience, the nature of that occupation shall not be the
  2  3 basis for exception to the unfair or discriminating practices
  2  4 prohibited by this subsection.
  2  5    b.  Labor organization or the employees, agents, or members
  2  6 thereof to refuse to admit to membership any applicant, to
  2  7 expel any member, or to otherwise discriminate against any
  2  8 applicant for membership or any member in the privileges,
  2  9 rights, or benefits of such membership because of the age,
  2 10 race, creed, color, sex, sexual orientation, gender identity,
  2 11 national origin, religion, or disability, or military status
  2 12 of such applicant or member.
  2 13    c.  Employer, employment agency, labor organization, or the
  2 14 employees, agents, or members thereof to directly or
  2 15 indirectly advertise or in any other manner indicate or
  2 16 publicize that individuals of any particular age, race, creed,
  2 17 color, sex, sexual orientation, gender identity, national
  2 18 origin, religion, or disability, or military status are
  2 19 unwelcome, objectionable, not acceptable, or not solicited for
  2 20 employment or membership unless based on the nature of the
  2 21 occupation.  If a person with a disability is qualified to
  2 22 perform a particular occupation by reason of training or
  2 23 experience, the nature of that occupation shall not be the
  2 24 basis for exception to the unfair or discriminating practices
  2 25 prohibited by this subsection.
  2 26    An employer, employment agency, or their employees,
  2 27 servants, or agents may offer employment or advertise for
  2 28 employment to only persons with disabilities, when other
  2 29 applicants have available to them other employment compatible
  2 30 with their ability which would not be available to persons
  2 31 with disabilities because of their disabilities.  Any such
  2 32 employment or offer of employment shall not discriminate among
  2 33 persons with disabilities on the basis of race, color, creed,
  2 34 sex, sexual orientation, gender identity, military status, or
  2 35 national origin.
  3  1    Sec. 4.  Section 216.7, subsection 1, paragraphs a and b,
  3  2 Code Supplement 2007, are amended to read as follows:
  3  3    a.  To refuse or deny to any person because of race, creed,
  3  4 color, sex, sexual orientation, gender identity, national
  3  5 origin, religion, or disability, or military status the
  3  6 accommodations, advantages, facilities, services, or
  3  7 privileges thereof, or otherwise to discriminate against any
  3  8 person because of race, creed, color, sex, sexual orientation,
  3  9 gender identity, national origin, religion, or disability in
  3 10 the furnishing of such accommodations, advantages, facilities,
  3 11 services, or privileges.
  3 12    b.  To directly or indirectly advertise or in any other
  3 13 manner indicate or publicize that the patronage of persons of
  3 14 any particular race, creed, color, sex, sexual orientation,
  3 15 gender identity, national origin, religion, or disability, or
  3 16 military status is unwelcome, objectionable, not acceptable,
  3 17 or not solicited.
  3 18    Sec. 5.  Section 216.8, subsections 1 through 4, Code
  3 19 Supplement 2007, are amended to read as follows:
  3 20    1.  To refuse to sell, rent, lease, assign, sublease,
  3 21 refuse to negotiate, or to otherwise make unavailable, or deny
  3 22 any real property or housing accommodation or part, portion,
  3 23 or interest therein, to any person because of the race, color,
  3 24 creed, sex, sexual orientation, gender identity, religion,
  3 25 national origin, disability, military status, or familial
  3 26 status of such person.
  3 27    2.  To discriminate against any person because of the
  3 28 person's race, color, creed, sex, sexual orientation, gender
  3 29 identity, religion, national origin, disability, military
  3 30 status, or familial status, in the terms, conditions, or
  3 31 privileges of the sale, rental, lease assignment, or sublease
  3 32 of any real property or housing accommodation or any part,
  3 33 portion, or interest in the real property or housing
  3 34 accommodation or in the provision of services or facilities in
  3 35 connection with the real property or housing accommodation.
  4  1    For purposes of this section, "person" means one or more
  4  2 individuals, corporations, partnerships, associations, labor
  4  3 organizations, legal representatives, mutual companies, joint
  4  4 stock companies, trusts, unincorporated organizations,
  4  5 trustees, trustees in cases under Title eleven XI of the
  4  6 United States Code, receivers, and fiduciaries.
  4  7    3.  To directly or indirectly advertise, or in any other
  4  8 manner indicate or publicize that the purchase, rental, lease,
  4  9 assignment, or sublease of any real property or housing
  4 10 accommodation or any part, portion, or interest therein, by
  4 11 persons of any particular race, color, creed, sex, sexual
  4 12 orientation, gender identity, religion, national origin,
  4 13 disability, military status, or familial status is unwelcome,
  4 14 objectionable, not acceptable, or not solicited.
  4 15    4.  To discriminate against the lessee or purchaser of any
  4 16 real property or housing accommodation or part, portion, or
  4 17 interest of the real property or housing accommodation, or
  4 18 against any prospective lessee or purchaser of the property or
  4 19 accommodation, because of the race, color, creed, religion,
  4 20 sex, sexual orientation, gender identity, disability, military
  4 21 status, age, or national origin of persons who may from time
  4 22 to time be present in or on the lessee's or owner's premises
  4 23 for lawful purposes at the invitation of the lessee or owner
  4 24 as friends, guests, visitors, relatives, or in any similar
  4 25 capacity.
  4 26    Sec. 6.  Section 216.8A, subsections 1 and 2, Code
  4 27 Supplement 2007, are amended to read as follows:
  4 28    1.  A person shall not induce or attempt to induce another
  4 29 person to sell or rent a dwelling by representations regarding
  4 30 the entry or prospective entry into a neighborhood of a person
  4 31 of a particular race, color, creed, sex, sexual orientation,
  4 32 gender identity, religion, national origin, disability,
  4 33 military status, or familial status.
  4 34    2.  A person shall not represent to a person of a
  4 35 particular race, color, creed, sex, sexual orientation, gender
  5  1 identity, religion, national origin, disability, military
  5  2 status, or familial status that a dwelling is not available
  5  3 for inspection, sale, or rental when the dwelling is available
  5  4 for inspection, sale, or rental.
  5  5    Sec. 7.  Section 216.8A, subsection 4, paragraph a, Code
  5  6 Supplement 2007, is amended to read as follows:
  5  7    a.  A person whose business includes engaging in
  5  8 residential real estate related transactions shall not
  5  9 discriminate against a person in making a residential real
  5 10 estate related transaction available or in terms or conditions
  5 11 of a residential real estate related transaction because of
  5 12 race, color, creed, sex, sexual orientation, gender identity,
  5 13 religion, national origin, disability, military status, or
  5 14 familial status.
  5 15    Sec. 8.  Section 216.8A, subsection 5, Code Supplement
  5 16 2007, is amended to read as follows:
  5 17    5.  A person shall not deny another person access to, or
  5 18 membership or participation in, a multiple=listing service,
  5 19 real estate brokers' organization or other service,
  5 20 organization, or facility relating to the business of selling
  5 21 or renting dwellings, or discriminate against a person in
  5 22 terms or conditions of access, membership, or participation in
  5 23 such organization because of race, color, creed, sex, sexual
  5 24 orientation, gender identity, religion, national origin,
  5 25 disability, military status, or familial status.
  5 26    Sec. 9.  Section 216.9, subsection 1, unnumbered paragraph
  5 27 1, Code Supplement 2007, is amended to read as follows:
  5 28    It is an unfair or discriminatory practice for any
  5 29 educational institution to discriminate on the basis of race,
  5 30 creed, color, sex, sexual orientation, gender identity,
  5 31 national origin, religion, or disability, or military status
  5 32 in any program or activity.  Such discriminatory practices
  5 33 shall include but not be limited to the following practices:
  5 34    Sec. 10.  Section 216.10, subsection 1, Code Supplement
  5 35 2007, is amended to read as follows:
  6  1    1.  It shall be an unfair or discriminatory practice for
  6  2 any:
  6  3    a.  Creditor to refuse to enter into a consumer credit
  6  4 transaction or impose finance charges or other terms or
  6  5 conditions more onerous than those regularly extended by that
  6  6 creditor to consumers of similar economic backgrounds because
  6  7 of age, color, creed, national origin, race, religion, marital
  6  8 status, sex, sexual orientation, gender identity, physical
  6  9 disability, military status, or familial status.
  6 10    b.  Person authorized or licensed to do business in this
  6 11 state pursuant to chapter 524, 533, 534, 536, or 536A to
  6 12 refuse to loan or extend credit or to impose terms or
  6 13 conditions more onerous than those regularly extended to
  6 14 persons of similar economic backgrounds because of age, color,
  6 15 creed, national origin, race, religion, marital status, sex,
  6 16 sexual orientation, gender identity, physical disability,
  6 17 military status, or familial status.
  6 18    c.  Creditor to refuse to offer credit life or health and
  6 19 accident insurance because of color, creed, national origin,
  6 20 race, religion, marital status, age, physical disability, sex,
  6 21 sexual orientation, gender identity, military status, or
  6 22 familial status.  Refusal by a creditor to offer credit life
  6 23 or health and accident insurance based upon the age or
  6 24 physical disability of the consumer shall not be an unfair or
  6 25 discriminatory practice if such denial is based solely upon
  6 26 bona fide underwriting considerations not prohibited by title
  6 27 XIII, subtitle 1.
  6 28    Sec. 11.  Section 216.12A, Code Supplement 2007, is amended
  6 29 to read as follows:
  6 30    216.12A  ADDITIONAL HOUSING EXCEPTION.
  6 31    Sections 216.8 and 216.8A do not prohibit a person engaged
  6 32 in the business of furnishing appraisals of real estate from
  6 33 taking into consideration factors other than race, color,
  6 34 creed, sex, sexual orientation, gender identity, religion,
  6 35 national origin, disability, military status, or familial
  7  1 status in appraising real estate.
  7  2                           EXPLANATION
  7  3    This bill defines "military status" and prohibits
  7  4 discriminatory employment, public accommodation, housing,
  7  5 education, and credit practices based upon a person's military
  7  6 status.  "Military status" is defined as a person's status on
  7  7 active duty in or status as a veteran of the armed forces of
  7  8 the United States, status as a current member or veteran of
  7  9 any reserve component of the armed forces of the United
  7 10 States, or status as a current member or veteran of the Iowa
  7 11 army national guard or Iowa air national guard.
  7 12 LSB 6542HC 82
  7 13 rh/rj/24