H.F. 2207 Section 1. NEW SECTION . 216F.1 Title. 1 This chapter shall be known and may be cited as the 2 “Government Nondiscrimination Act” . 3 Sec. 2. NEW SECTION . 216F.2 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Person” means an individual or a corporation, company, 7 sole proprietorship, partnership, society, club, organization, 8 agency, association, church, religious corporation, religious 9 association, religious organization or agency, or religious 10 educational institution, or any employee, agent, or volunteer 11 of any of these entities. 12 2. “State” means any department, commission, board, agency, 13 or agent of the state; any political subdivision of the state 14 and any department, commission, board, agency, or agent of such 15 political subdivision; and any individual or entity acting 16 under color of state law. 17 3. “State benefit program” means any program administered 18 or funded by the state, or by any agent on behalf of the state, 19 providing cash, vouchers, payments, grants, contracts, loans, 20 or in-kind assistance. 21 Sec. 3. NEW SECTION . 216F.3 Protection of the free exercise 22 of religious beliefs and moral convictions. 23 1. Notwithstanding any law to the contrary, the state shall 24 not take any discriminatory or adverse action against a person, 25 wholly or partially on the basis that such person believes, 26 speaks, or acts in accordance with a sincerely held religious 27 belief or moral conviction that evidences any of the following: 28 a. Marriage is or should be recognized as the union of one 29 man and one woman. 30 b. Male and female refer to distinct and immutable 31 biological sexes that are determinable by anatomy and genetics 32 by the time of birth. 33 2. As used in subsection 1, a discriminatory or adverse 34 action means any action taken by the state against a person 35 -1- LSB 5150YH (16) 86 pf/rj 1/ 7

H.F. 2207 described in subsection 1 that results in any of the following: 1 a. Altering in any way the tax treatment of, or causing 2 any tax, penalty, or payment to be assessed against, or 3 denying, delaying, revoking, or otherwise making unavailable 4 an exemption from taxation of such persons. To the extent 5 the state relies on the determination of a federal entity in 6 determining tax treatment of a person, the determination of 7 the federal entity shall be imputed to the state under this 8 paragraph. 9 b. Applying or causing to be applied, a fine, penalty, or 10 payment assessed against such person. 11 c. Disallowing, denying, or otherwise making unavailable a 12 deduction for state tax purposes of any charitable contribution 13 made to or by such person. 14 d. Withholding, reducing, excluding, terminating, 15 materially altering the terms or conditions of, or 16 otherwise making unavailable or denying any state grant, 17 contract, subcontract, cooperative agreement, guarantee, 18 loan, scholarship, diploma, grade, recognition, license, 19 certification, accreditation, employment, or other similar 20 benefit, position, or status from or to such person. 21 e. Withholding, reducing, excluding, terminating, or 22 otherwise making unavailable or denying any entitlement or 23 benefit under a state benefit program, including admission 24 to, equal treatment in, or eligibility for a degree from an 25 educational program, from or to such person. 26 f. Withholding, reducing, excluding, terminating, 27 or otherwise making unavailable or denying access or an 28 entitlement to state property, facilities, educational 29 institutions, speaking forums whether traditional, limited, or 30 nonpublic, or charitable fundraising campaigns from or to such 31 person. 32 g. Investigating or initiating an investigation, claim, or 33 administrative proceeding of such person, if that person would 34 not otherwise be subject to such action. 35 -2- LSB 5150YH (16) 86 pf/rj 2/ 7

H.F. 2207 3. The state shall consider accredited, licensed, or 1 certified any person that would otherwise be accredited, 2 licensed, or certified, respectively, for any purposes under 3 state law but for a determination against such person wholly 4 or partially on the basis that the person believes, speaks, or 5 acts in accordance with a sincerely held religious belief or 6 moral conviction described in subsection 1. 7 Sec. 4. NEW SECTION . 216F.4 Cause of action and relief —— 8 standing —— attorney fees and costs —— state enforcement. 9 1. A person may assert an actual or threatened violation 10 of this chapter as a claim or defense in any judicial or 11 administrative proceeding and obtain compensatory damages, 12 injunctive relief, declaratory relief, or any other appropriate 13 relief. Standing to assert a claim or defense under this 14 section shall be governed by the general rules of standing 15 under the laws of this state. 16 2. Notwithstanding any provision of law to the contrary, an 17 action under this section may be commenced, and relief may be 18 granted, in a court of the state without regard to whether the 19 person commencing the action has sought or exhausted available 20 administrative remedies. 21 3. In any action or proceeding to enforce a provision of 22 this chapter, a prevailing party who establishes a violation of 23 this chapter shall be entitled to recover reasonable attorney 24 fees and costs. 25 4. In addition to or in lieu of a person asserting a 26 violation of this chapter under subsection 1, the office of 27 the attorney general may also bring an action for injunctive 28 or declaratory relief against the state to enforce compliance 29 with this chapter. This subsection shall not be construed to 30 deny, impair, or otherwise affect any right or authority of the 31 office of the attorney general or the state, acting under any 32 law other than this subsection, to institute or intervene in 33 any proceeding. 34 Sec. 5. NEW SECTION . 216F.5 Rules of construction. 35 -3- LSB 5150YH (16) 86 pf/rj 3/ 7

H.F. 2207 1. This chapter shall be construed in favor of a broad 1 protection of free exercise of religious beliefs and moral 2 convictions, to the maximum extent permitted by the terms of 3 this chapter and the Constitution of the State of Iowa and the 4 Constitution of the United States. 5 2. This chapter shall not be construed to prevent the state 6 from providing, either directly or through an individual or 7 entity not seeking protection under this chapter, any benefit 8 or service authorized under state law. 9 3. This chapter shall not be construed to authorize a 10 medical provider, hospital, clinic, hospice program, or health 11 care facility to deny visitation, to refuse to recognize 12 an attorney in fact under a durable power of attorney for 13 health care pursuant to chapter 144B, or to refuse to provide 14 life-saving or emergency medical treatment necessary to cure 15 an illness or disease. 16 4. The protection of free exercise of religious beliefs 17 and moral convictions afforded by this chapter is in addition 18 to the protections provided under federal law, state law, and 19 the Constitution of the State of Iowa and the Constitution of 20 the United States. This chapter shall not be construed to 21 preempt or repeal any state or local law that is equally or 22 more protective of free exercise of religious beliefs or moral 23 convictions, and this chapter shall not be construed to narrow 24 the meaning or application of any state or local law protecting 25 free exercise of religious beliefs or moral convictions. 26 Sec. 6. NEW SECTION . 216F.6 Severability. 27 If any provision of this chapter or the application 28 thereof to any person or circumstances is held invalid, the 29 invalidity shall not affect other provisions or applications 30 of this chapter which can be given effect without the invalid 31 provisions or application and, to this end, the provisions of 32 this chapter are severable. 33 Sec. 7. EFFECTIVE DATE. This Act takes effect thirty days 34 after enactment. 35 -4- LSB 5150YH (16) 86 pf/rj 4/ 7

H.F. 2207 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill establishes the “Government Nondiscrimination 4 Act” and provides definitions. The bill provides that 5 notwithstanding any law to the contrary, the state shall not 6 take any discriminatory or adverse action against a person, 7 wholly or partially on the basis that such person believes, 8 speaks, or acts in accordance with a sincerely held religious 9 belief or moral conviction that evidences that marriage is or 10 should be recognized as the union of one man and one woman; or 11 that male and female refer to distinct and immutable biological 12 sexes that are determinable by anatomy and genetics by the time 13 of birth. 14 The bill specifies what a discriminatory or adverse 15 action means when taken by the state against such a person. 16 Discriminatory or adverse actions include altering in any 17 way the tax treatment of, or causing any tax, penalty, 18 or payment to be assessed against, or denying, delaying, 19 revoking, or otherwise making unavailable an exemption 20 from taxation of such persons and provides for imputing 21 federal determinations of tax treatment of a person when the 22 state relies on such federal determinations; applying or 23 causing to be applied, a fine, penalty, or payment assessed 24 against such person; disallowing, denying, or otherwise 25 making unavailable a deduction for state tax purposes of any 26 charitable contribution made to or by such person; withholding, 27 reducing, excluding, terminating, materially altering the 28 terms or conditions of, or otherwise making unavailable or 29 denying any state grant, contract, subcontract, cooperative 30 agreement, guarantee, loan, scholarship, diploma, grade, 31 recognition, license, certification, accreditation, employment, 32 or other similar benefit, position, or status from or to such 33 person; withholding, reducing, excluding, terminating, or 34 otherwise making unavailable or denying any entitlement or 35 -5- LSB 5150YH (16) 86 pf/rj 5/ 7

H.F. 2207 benefit under a state benefit program as defined by the bill, 1 including admission to, equal treatment in, or eligibility for 2 a degree from an educational program, from or to such person; 3 withholding, reducing, excluding, terminating, or otherwise 4 making unavailable or denying access or an entitlement to state 5 property, facilities, educational institutions, speaking forums 6 whether traditional, limited, or nonpublic, or charitable 7 fundraising campaigns from or to such person; and investigating 8 or initiating an investigation, claim, or administrative 9 proceeding of such person, if that person would not otherwise 10 be subject to such action. Under the bill, the state is 11 to consider accredited, licensed, or certified any person 12 that would otherwise be accredited, licensed, or certified, 13 respectively, for any purposes under state law but for a 14 determination against such person wholly or partially on the 15 basis that the person believes, speaks, or acts in accordance 16 with a sincerely held religious belief or moral conviction as 17 described in the bill. 18 The bill provides that a person may assert an actual or 19 threatened violation of the bill as a cause of action in any 20 judicial or administrative proceeding and obtain compensatory 21 damages, injunctive relief, declaratory relief, or any other 22 appropriate relief. Standing to assert a claim or defense 23 under the bill is governed by the general rules of standing 24 under the laws of the state. Notwithstanding any provision of 25 law to the contrary, an action under the bill may be commenced, 26 and relief may be granted, in a court of the state without 27 regard to whether the person commencing the action has sought 28 or exhausted available administrative remedies. A prevailing 29 party in an action under the new Code chapter who establishes 30 a violation of the new Code chapter is entitled to recover 31 reasonable attorney fees and costs. The office of the attorney 32 general may also bring an action for injunctive or declaratory 33 relief against the state to enforce compliance with the new 34 Code chapter. The bill is not to be construed to deny, impair, 35 -6- LSB 5150YH (16) 86 pf/rj 6/ 7

H.F. 2207 or otherwise affect any right or authority of the office of the 1 attorney general or the state, acting under any law other than 2 the bill, to institute or intervene in any proceeding. 3 The bill is to be construed in favor of a broad protection 4 of free exercise of religious beliefs and moral convictions, 5 to the maximum extent permitted by the terms of the bill and 6 the Constitutions of the State of Iowa and of the United 7 States. The bill is not to be construed to prevent the state 8 from providing any benefit or service authorized under state 9 law. The bill is also not to be construed to authorize a 10 medical provider, hospital, clinic, hospice program, or health 11 care facility to deny visitation, to refuse to recognize 12 an attorney in fact under a durable power of attorney for 13 health care pursuant to Code chapter 144B, or to refuse to 14 provide life-saving or emergency medical treatment necessary 15 to cure illness or disease. The protection of free exercise 16 of religious beliefs and moral convictions afforded by the 17 bill is in addition to the protections provided under federal 18 law, state law, and the Constitutions of the State of Iowa 19 and of the United States, and the bill is not to be construed 20 to preempt or repeal any state or local law that is equally 21 or more protective of free exercise of religious beliefs or 22 moral convictions or to narrow the meaning or application of 23 any state or local law protecting free exercise of religious 24 beliefs or moral convictions. 25 The provisions of the bill are severable. The bill takes 26 effect 30 days after enactment. 27 -7- LSB 5150YH (16) 86 pf/rj 7/ 7