House File 510 - Introduced HOUSE FILE 510 BY DUNWELL , DIEKEN , HAYES , BRADLEY , M. THOMPSON , OSMUNDSON , SHIPLEY , SHERMAN , STOLTENBERG , HENDERSON , WHEELER , GERHOLD , FISHER , JOHNSON , GRABER , GUSTAFSON , JENEARY , P. THOMPSON , THOMSON , and CARLSON A BILL FOR An Act relating to the Iowa human life protection Act, 1 providing for civil actions and civil penalties, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2211YH (2) 90 pf/rh

H.F. 510 Section 1. FINDINGS. 1 1. The general assembly acknowledges that all human beings 2 are created equal and endowed by their creator with certain 3 unalienable rights, the foremost of which is the right to life. 4 2. The life of every human being begins at fertilization 5 when a male sperm fuses with a female egg resulting in a 6 single-celled human called a zygote. The union of the male 7 and female deoxyribonucleic acid during fertilization restores 8 the number of chromosomes needed to create a new human being. 9 The Carnegie stages of human development, numbered one to 10 twenty-three, is the accepted standard of embryological 11 development used by biologists to describe the physical 12 features of the human being, with the first stage marked by the 13 moment of fertilization through sperm-egg fusion and the last 14 stage at an estimated postfertilization age of eight weeks when 15 over ninety percent of the more than four thousand five hundred 16 named body structures are present. 17 3. The state of Iowa has a fundamental and compelling 18 interest in protecting the life of every human being from the 19 moment of fertilization. 20 4. Abortion is a murderous act of violence that purposefully 21 and knowingly terminates a human life in the womb. 22 5. Unborn human beings are entitled to the full and equal 23 protection of the laws that prohibit violence against other 24 human beings. 25 6. The United States Supreme Court’s ruling in Dobbs v. 26 Jackson Women’s Health Organization, No. 19-1392, 597 U.S. ___ 27 (2022), correctly overruled the lawless and unconstitutional 28 pronouncements in Roe v. Wade, 410 U.S. 113 (1973) and Planned 29 Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 30 833 (1992), which had invented and perpetuated a supposed 31 constitutional right to abortion that cannot be found anywhere 32 in the text of the Constitution of the United States. 33 7. It is a federal crime pursuant to 18 U.S.C. §1461 to 34 mail abortion pills or to receive them in the mail, punishable 35 -1- LSB 2211YH (2) 90 pf/rh 1/ 53

H.F. 510 by imprisonment for five years. It is also a federal crime 1 to transport abortion pills in interstate or foreign commerce 2 pursuant to 18 U.S.C. §1462(c). These statutes are fully 3 enforceable now that Roe v. Wade, 410 U.S. 113 (1973), has been 4 overruled. The statute of limitations for each of these crimes 5 is five years. 6 8. Violations of 18 U.S.C. §1461 and §1462 are predicate 7 offenses under the federal Racketeer Influenced and Corrupt 8 Organizations Act (RICO), which exposes abortion pill 9 distribution networks and their donors to civil RICO liability 10 as well as criminal prosecution as a racketeering enterprise 11 under 18 U.S.C. §1961. 12 9. The general assembly calls upon the United States 13 attorneys for the northern and southern districts of Iowa to 14 investigate and prosecute every abortion pill distribution 15 network under 18 U.S.C. §1461 and §1462 and RICO. 16 Sec. 2. NEW SECTION . 146E.1 Short title. 17 This chapter shall be known, and may be cited, as the “Iowa 18 Human Life Protection Act” . 19 Sec. 3. NEW SECTION . 146E.2 Definitions. 20 As used in this chapter, unless the context otherwise 21 requires: 22 1. “Abortion fund” means a person that exists for the 23 purpose of aiding or abetting elective abortions, and that pays 24 for, reimburses, or subsidizes in any way the costs associated 25 with obtaining an elective abortion. 26 2. “Abortion-inducing drug” means mifepristone, misoprostol, 27 and any other medicine, drug, or other substance that is 28 prescribed, dispensed, distributed, possessed, or used with the 29 intent of terminating a clinically diagnosable pregnancy, with 30 knowledge that the termination will with reasonable likelihood 31 cause the death of the unborn child. “Abortion-inducing 32 drug” includes the off-label use of drugs known to have 33 abortion-inducing properties which are prescribed, dispensed, 34 distributed, possessed, or used specifically with the 35 -2- LSB 2211YH (2) 90 pf/rh 2/ 53

H.F. 510 intent of terminating a clinically diagnosable pregnancy. 1 “Abortion-inducing drug” does not include any of the following: 2 a. Levenorgestrel, also known as plan b one-step or the 3 morning-after pill, intrauterine devices, or any other type of 4 contraception or emergency contraception. 5 b. Drugs that may be known to cause an abortion, but which 6 are prescribed, dispensed, distributed, possessed, or used for 7 a purpose that does not include the termination of a clinically 8 diagnosable pregnancy. 9 3. “Abortion provider” means a person who performs elective 10 abortions. 11 4. “Affiliate” means a person that with another person 12 enters into a legal relationship created or governed by at 13 least one written instrument, including a certificate of 14 formation, a franchise agreement, standards of affiliation, 15 bylaws, or a license, that demonstrates any of the following: 16 a. Common ownership, management, or control between the 17 parties to the relationship. 18 b. A franchise granted by the person or entity to the 19 affiliate. 20 c. The granting or extension of a license or other agreement 21 authorizing the affiliate to use the other person’s brand name, 22 trademark, service mark, or other registered identification 23 mark. 24 5. “Aiding or abetting” or “aid or abet” means the same as 25 defined in section 703.1. 26 6. “Attempt” or “attempts” relating to an elective abortion 27 means an act, or an omission of a statutorily required act, 28 that, under the circumstances as the actor believes them to be, 29 constitutes a substantial step in a course of conduct planned 30 to culminate in the performance of an elective abortion. 31 7. “Elective abortion” means the act of using, prescribing, 32 administering, procuring, or selling any instrument, medicine, 33 drug, or any other substance, device, or means with the purpose 34 of terminating a clinically diagnosed pregnancy of a woman, 35 -3- LSB 2211YH (2) 90 pf/rh 3/ 53

H.F. 510 with knowledge that the termination by any of those means will, 1 with reasonable likelihood, cause the death of an unborn child. 2 “Elective abortion” does not include any of the following: 3 a. In vitro fertilization or fertility treatments of any 4 type. 5 b. The use, prescription, administration, procuring, or 6 selling of levenorgestrel, also known as plan b one-step or the 7 morning-after pill, intrauterine devices, or any other type of 8 contraception or emergency contraception. 9 c. An act performed with the intent to do any of the 10 following: 11 (1) Save the life or preserve the health of an unborn child. 12 (2) Remove a dead unborn child as the result of a 13 spontaneous abortion, commonly known as a miscarriage. 14 (3) Remove or treat an ectopic pregnancy. 15 (4) Treat a physiological condition which the physician 16 deems, in the physician’s reasonable medical judgment, to be a 17 medical emergency. 18 d. A spontaneous abortion, commonly known as a miscarriage. 19 e. Medical treatment provided to a pregnant woman by a 20 licensed physician if the intent of the medical treatment is 21 not to cause an elective abortion, even if that treatment 22 results in the accidental death of, or unintentional injury to 23 or death of, the unborn child. 24 f. A medically indicated separation procedure. 25 8. “Fertilization” means the fusion of a human spermatozoon 26 with a human ovum. 27 9. “Governmental entity” means this state, a state agency 28 in the executive, judicial, or legislative branch of state 29 government of this state, or a political subdivision of this 30 state. 31 10. “Information content provider” means a person that 32 is responsible, in whole or in part, for the creation or 33 development of information provided through the internet or any 34 other interactive computer service. 35 -4- LSB 2211YH (2) 90 pf/rh 4/ 53

H.F. 510 11. “Interactive computer service” means any information 1 service, system, or access software provider that provides or 2 enables computer access by multiple users to a computer server, 3 including specifically a service or system that provides access 4 to the internet and such systems operated or services offered 5 by libraries or educational institutions. 6 12. “Major bodily function” includes but is not limited 7 to functions of the immune system, normal cell growth, and 8 digestive, bowel, bladder, neurological, brain, respiratory, 9 circulatory, endocrine, and reproductive functions. 10 13. “Medical emergency” means a situation in which a 11 medically indicated separation procedure or treatment for 12 a physiological condition is performed due to any of the 13 following: 14 a. To preserve the life of a pregnant woman whose life 15 is endangered by a physical disorder, physical illness, or 16 physical injury, or a life-endangering physical condition 17 caused by or arising from the pregnancy including an ectopic 18 pregnancy, but not including psychological conditions, 19 emotional conditions, familial conditions, or the woman’s age. 20 b. When continuation of the pregnancy will create a serious 21 risk of substantial and irreversible impairment of a major 22 bodily function of a pregnant woman. 23 14. “Medically indicated separation procedure” means 24 a medical intervention, the purpose of which is not to 25 terminate a clinically diagnosed pregnancy of a woman, that is 26 necessitated by a medical emergency. A “medically indicated 27 separation procedure” is not an elective abortion. 28 15. “Perform” , “performance” , “performed” , “performs” , or 29 “performing” , relative to an elective abortion, means the use 30 of any means, including surgical or abortion-inducing drugs, 31 to terminate a clinically diagnosed pregnancy with the intent 32 other than to produce a live birth or to remove a dead fetus. 33 16. “Person” means the same as defined in section 4.1. 34 17. “Policy” includes a formal, written rule, policy, 35 -5- LSB 2211YH (2) 90 pf/rh 5/ 53

H.F. 510 procedure, regulation, order, ordinance, motion, resolution, or 1 amendment and an informal, unwritten policy. 2 18. “Political subdivision” means a city, county, township, 3 or school district. 4 19. “Pregnant” means the human female reproductive condition 5 of having a living unborn child within the human female’s 6 uterus. 7 20. “Taxpayer resource transaction” means a sale, purchase, 8 lease, donation of money, goods, services, or real property, 9 or any other transaction between a governmental entity and a 10 private entity that provides to the private entity something of 11 value derived from state or local tax revenue, regardless of 12 whether the governmental entity receives something of value in 13 return. “Taxpayer resource transaction” includes advocacy or 14 lobbying by or on behalf of a governmental entity on behalf of 15 the interests of an abortion provider or affiliate but does not 16 include any of the following: 17 a. The provision of basic public services, including fire 18 and police protection and utilities, by a governmental entity 19 to an abortion fund, abortion provider, or an affiliate of an 20 abortion provider in the same manner as the entity provides the 21 services to the general public. 22 b. An officer or employee of a governmental entity providing 23 information to a member of the general assembly or appearing 24 before a legislative committee at the request of the member or 25 committee. 26 c. An elected official advocating for or against or 27 otherwise influencing or attempting to influence the outcome of 28 legislation pending before the general assembly while acting in 29 the capacity of an elected official. 30 d. An individual communicating as a private citizen on a 31 matter of public concern. 32 21. “Unborn child” means an individual organism of the 33 species homo sapiens from fertilization to live birth. 34 22. “Woman” or “women” includes every person whose 35 -6- LSB 2211YH (2) 90 pf/rh 6/ 53

H.F. 510 biological sex is female, including every person born with XX 1 chromosomes and a uterus, regardless of any gender identity 2 that the person attempts to assert or claim. 3 Sec. 4. NEW SECTION . 146E.3 Elective abortion —— 4 prohibitions —— exceptions —— exclusive qui tam enforcement. 5 1. A person shall not knowingly use, employ, or administer 6 any drug, instrument, device, means, or procedure upon a 7 pregnant woman with the specific intent to cause an elective 8 abortion. 9 2. A person shall not knowingly aid or abet the conduct 10 described in subsection 1. 11 3. The prohibitions in this section shall apply if any 12 portion of the prohibited conduct or elective abortion occurs 13 in the state or within the jurisdiction of the state. 14 4. a. Notwithstanding any other law to the contrary, the 15 requirements of this section shall be enforced exclusively 16 through the qui tam actions described in sections 146E.7 and 17 146E.8. 18 b. Direct or indirect enforcement of this section shall not 19 be taken or threatened by a governmental entity or an officer 20 or employee of a governmental entity against a person by any 21 means, and a violation of this section shall not be used to 22 justify or trigger the enforcement of any other law or any type 23 of adverse consequence under any other law, except as provided 24 in sections 146E.7 and 146E.8. 25 c. This section does not preclude or limit the enforcement 26 of any other law or regulation against conduct that is 27 independently prohibited by such other law or regulation and 28 that would remain prohibited by such other law or regulation 29 in the absence of this section. 30 5. Notwithstanding any other law to the contrary, the 31 prohibitions in this section shall not apply to any of the 32 following: 33 a. Speech or conduct protected by the first amendment to the 34 Constitution of the United States, as made applicable to the 35 -7- LSB 2211YH (2) 90 pf/rh 7/ 53

H.F. 510 states through the United States supreme court interpretations 1 of the fourteenth amendment to the Constitution of the United 2 States, or by Article I, section 7, of the Constitution of the 3 State of Iowa. 4 b. Conduct that the state is forbidden to regulate under 5 federal law or the Constitution of the United States. 6 c. The provision of basic public services, including fire 7 and police protection and utilities, by a governmental entity 8 or a common carrier to an abortion provider, an abortion fund, 9 or an affiliate of an abortion provider or abortion fund in 10 the same manner as the governmental entity or common carrier 11 provides those services to the general public. 12 d. Conduct taken at the behest of a federal agency, 13 contractor, or employee that is carrying out duties under 14 federal law, if a prohibition on that conduct would violate the 15 doctrine of preemption or intergovernmental immunity. 16 Sec. 5. NEW SECTION . 146E.4 Liability for wrongful death 17 and personal injuries —— elective abortion. 18 1. Notwithstanding any other law to the contrary, a person 19 who violates section 146E.3 shall be subject to all of the 20 following: 21 a. Joint and several liability for the wrongful death of an 22 unborn child who dies from the elective abortion. 23 b. Strict, and joint and several liability for all of the 24 following: 25 (1) The wrongful death of a pregnant woman or formerly 26 pregnant woman who dies from the elective abortion. 27 (2) Any personal injuries suffered by an unborn child or 28 pregnant woman or formerly pregnant woman from the elective 29 abortion. 30 2. Notwithstanding any other law to the contrary, including 31 section 633.336, a surviving parent of an unborn child who was 32 aborted in violation of section 146E.3 may maintain an action 33 for wrongful death against a person who knowingly violated 34 section 146E.3 resulting in the wrongful death of the unborn 35 -8- LSB 2211YH (2) 90 pf/rh 8/ 53

H.F. 510 child. 1 3. A lawsuit shall not be brought under subsection 1 against 2 or by any of the following: 3 a. Against a pregnant woman or formerly pregnant woman 4 who aborted or attempted to abort the pregnant woman’s unborn 5 child. 6 b. Against a person that acted at the behest of a federal 7 agency, contractor, or employee that is carrying out duties 8 under federal law, if the imposition of liability would violate 9 the doctrine of preemption or intergovernmental immunity. 10 c. By a person who through an act of sexual assault or 11 incest impregnated the pregnant woman or formerly pregnant 12 woman. 13 d. Against a provider or user of an interactive computer 14 service if such a lawsuit would be preempted by 47 U.S.C. 15 §230(c). 16 4. A plaintiff who prevails in a personal injury or wrongful 17 death lawsuit under this section is entitled to recover all of 18 the following: 19 a. Compensatory damages, including but not limited to 20 damages for medical expenses, pain and suffering, and emotional 21 distress. 22 b. Court costs and reasonable attorney fees. 23 c. Punitive damages of not less than one hundred thousand 24 dollars. 25 5. Notwithstanding any other law to the contrary, if a 26 plaintiff who brings suit under this section in response to 27 a drug-induced abortion is unable to identify the specific 28 manufacturer of the abortion-inducing drug that caused the 29 death or injury, liability shall be apportioned among all 30 manufacturers of abortion-inducing drugs in proportion to each 31 manufacturer’s share of the market for abortion-inducing drugs. 32 6. Notwithstanding any other law to the contrary, a person 33 may bring an action under this section no later than six years 34 from the date the cause of action accrues. 35 -9- LSB 2211YH (2) 90 pf/rh 9/ 53

H.F. 510 7. Any waiver or purported waiver of the right to sue under 1 this section shall be void as against public policy and shall 2 not be enforceable in any court. 3 8. This section shall not be construed to impose liability 4 on speech or conduct protected by the first amendment to the 5 Constitution of the United States, as made applicable to the 6 states through the United States supreme court interpretations 7 of the fourteenth amendment to the Constitution of the United 8 States, or by Article I, section 7, of the Constitution of the 9 State of Iowa. 10 Sec. 6. NEW SECTION . 146E.5 Abortion-inducing drugs —— 11 prohibitions —— qui tam enforcement. 12 1. Except as provided in subsection 2, it shall be unlawful 13 for a person to do any of the following: 14 a. Manufacture, possess, or distribute abortion-inducing 15 drugs in the state. 16 b. Mail, transport, deliver, or provide abortion-inducing 17 drugs in any manner to or from a person or location in the 18 state. 19 c. Engage in any conduct that constitutes aiding and 20 abetting the manufacture, possession, distribution, mailing, 21 transporting, delivery, or provision of abortion-inducing 22 drugs. 23 2. Notwithstanding any other law to the contrary, 24 subsection 1 does not prohibit any of the following: 25 a. Speech or conduct protected by the first amendment to the 26 Constitution of the United States, as made applicable to the 27 states through the United States supreme court interpretations 28 of the fourteenth amendment to the Constitution of the United 29 States, or by Article I, section 7, of the Constitution of the 30 State of Iowa. 31 b. Conduct that the state is forbidden to regulate under 32 federal law or the Constitution of the United States. 33 c. Conduct taken at the behest of a federal agency, 34 contractor, or employee that is carrying out duties under 35 -10- LSB 2211YH (2) 90 pf/rh 10/ 53

H.F. 510 federal law, if a prohibition on that conduct would violate the 1 doctrine of preemption or intergovernmental immunity. 2 d. Conduct taken by a pregnant woman or formerly pregnant 3 woman who aborts or seeks to abort the woman’s unborn child. 4 e. The manufacture, possession, distribution, mailing, 5 transporting, delivery, or provision of abortion-inducing drugs 6 for a purpose that does not include termination of a pregnancy. 7 f. The possession of abortion-inducing drugs related to an 8 effort to entrap a person that violates this section. 9 g. Any of the conduct described in section 146E.8, 10 subsection 1. 11 3. a. Notwithstanding any other law to the contrary, the 12 requirements of this section shall be enforced exclusively 13 through the qui tam actions described in sections 146E.7 and 14 146E.8. 15 b. Direct or indirect enforcement of this section shall not 16 be taken or threatened by a governmental entity or an officer 17 or employee of a governmental entity against a person, by any 18 means, and violation of this section shall not be used to 19 justify or trigger the enforcement of any other law or any type 20 of adverse consequence under any other law, except as provided 21 in sections 146E.7 and 146E.8. 22 c. This section does not preclude or limit the enforcement 23 of any other law or regulation against conduct that is 24 independently prohibited by such other law or regulation, and 25 that would remain prohibited by such other law or regulation 26 in the absence of this section. 27 Sec. 7. NEW SECTION . 146E.6 Liability for wrongful death 28 and personal injuries —— abortion-inducing drugs. 29 1. Notwithstanding any other law to the contrary, a person 30 who manufactures, mails, distributes, transports, delivers, 31 or provides abortion-inducing drugs; or who aids or abets the 32 manufacture, mailing, distribution, transportation, delivery, 33 or provision of abortion-inducing drugs shall be strictly, 34 and jointly and severally liable for the wrongful death of 35 -11- LSB 2211YH (2) 90 pf/rh 11/ 53

H.F. 510 an unborn child or pregnant woman who dies from the use of 1 abortion-inducing drugs, and for any personal injuries suffered 2 by an unborn child or pregnant woman or formerly pregnant woman 3 from the use of abortion-inducing drugs. 4 2. Notwithstanding any other law to the contrary, including 5 section 633.336, the surviving parents of an unborn child 6 who was aborted in violation of section 146E.3 may maintain 7 an action for wrongful death against a person who knowingly 8 violated section 146E.3 resulting in the wrongful death of the 9 unborn child. 10 3. A lawsuit shall not be brought under subsection 1 against 11 or by any of the following: 12 a. Against a pregnant woman or formerly pregnant woman who 13 used or sought to obtain abortion-inducing drugs to abort or 14 attempt to abort her unborn child. 15 b. Against a person that acted at the behest of a federal 16 agency, contractor, or employee that is carrying out duties 17 under federal law, if the imposition of liability would violate 18 the doctrine of preemption or intergovernmental immunity. 19 c. By a person who, through an act of sexual assault or 20 incest, impregnated the woman who used abortion-inducing drugs. 21 d. Against a provider or user of an interactive computer 22 service if such a lawsuit would be preempted by 47 U.S.C. 23 §230(c). 24 4. A plaintiff who prevails in a personal injury or wrongful 25 death lawsuit under this section is entitled to recover all of 26 the following: 27 a. Compensatory damages, including but not limited to 28 damages for medical expenses, pain and suffering, and emotional 29 distress. 30 b. Court costs and reasonable attorney fees. 31 c. Punitive damages of not less than one hundred thousand 32 dollars. 33 5. Notwithstanding any other law to the contrary, if a 34 plaintiff who brings suit under this section in response to 35 -12- LSB 2211YH (2) 90 pf/rh 12/ 53

H.F. 510 a drug-induced abortion is unable to identify the specific 1 manufacturer of the abortion-inducing drug that caused the 2 death or injury, liability shall be apportioned among all 3 manufacturers of abortion-inducing drugs in proportion to each 4 manufacturer’s share of the market for abortion-inducing drugs. 5 6. Notwithstanding any other law to the contrary, a person 6 may bring an action under this section no later than six years 7 from the date the cause of action accrues. 8 7. Any waiver or purported waiver of the right to sue under 9 this section shall be void as against public policy and shall 10 not be enforceable in any court. 11 8. a. It is an affirmative defense if a person sued under 12 this section was unaware that the person was engaged in the 13 conduct described in this section, and took every reasonable 14 precaution to ensure that the person would not manufacture, 15 mail, distribute, transport, deliver, provide, or aid or 16 abet the manufacture, mailing, distribution, transportation, 17 delivery, or provision of abortion-inducing drugs. 18 b. The defendant has the burden of proving an affirmative 19 defense under this subsection by a preponderance of the 20 evidence. 21 9. This section shall not be construed to impose liability 22 on speech or conduct protected by the first amendment to the 23 Constitution of the United States, as made applicable to the 24 states through the United States supreme court interpretations 25 of the fourteenth amendment to the Constitution of the United 26 States, or by Article I, section 7, of the Constitution of the 27 State of Iowa. 28 Sec. 8. NEW SECTION . 146E.7 Qui tam enforcement for certain 29 violations. 30 1. A person, other than a governmental entity or an officer 31 or employee of a governmental entity, has standing to bring and 32 may bring a qui tam action against a person that meets any of 33 the following conditions: 34 a. Violates any provision of section 146E.3, 146E.5, or 35 -13- LSB 2211YH (2) 90 pf/rh 13/ 53

H.F. 510 146E.14. 1 b. Intends to violate any provision of section 146E.3, 2 146E.5, or 146E.14. 3 2. Notwithstanding any other law to the contrary, an action 4 shall not be brought under this section against or by any of 5 the following: 6 a. Against the pregnant woman or formerly pregnant woman 7 upon whom an elective abortion was performed or induced or 8 attempted to be performed or induced in violation of this 9 chapter, or against a pregnant woman who intends to seek or who 10 seeks an elective abortion in violation of this chapter. 11 b. Against a person that performs, aids or abets, or 12 attempts to perform or aid or abet an elective abortion at 13 the behest of a federal agency, contractor, or employee that 14 is carrying out duties under federal law, if a prohibition on 15 elective abortion would violate the doctrine of preemption or 16 intergovernmental immunity. 17 c. Against a common carrier that transports a pregnant woman 18 to an abortion provider, if the common carrier is unaware that 19 the pregnant woman intends to abort the pregnant woman’s unborn 20 child. 21 d. Against a provider or user of an interactive computer 22 service if such a lawsuit would be preempted by 47 U.S.C. 23 §230(c). 24 e. By a person who, through an act of sexual assault 25 or incest, impregnated a woman who is seeking an elective 26 abortion, or a person who acts in concert or participation with 27 the person who impregnated the woman. 28 3. An action under this section shall be brought in the name 29 of the person and of the state. 30 4. If a plaintiff prevails in an action brought under this 31 section, the court shall award all of the following: 32 a. Injunctive relief sufficient to prevent the defendant 33 from violating section 146E.3, 146E.5, or 146E.14. 34 b. Nominal and compensatory damages if the plaintiff has 35 -14- LSB 2211YH (2) 90 pf/rh 14/ 53

H.F. 510 suffered injury or harm from the defendant’s conduct, including 1 but not limited to loss of consortium and emotional distress. 2 c. Civil penalties in an amount of not less than ten 3 thousand dollars for each violation of section 146E.3, 146E.5, 4 or 146E.14. 5 d. Court costs and reasonable attorney fees. 6 5. Notwithstanding subsection 4, a court shall not award 7 relief under subsection 4, paragraph “c” or “d” , in response to 8 a violation of subsection 1, paragraph “a” , if the defendant 9 demonstrates that a court has already ordered the defendant 10 to pay the full amount of civil penalties under subsection 4, 11 paragraph “c” , in another action for that particular violation 12 of section 146E.3, 146E.5, or 146E.14. 13 6. Notwithstanding any other law to the contrary, a person 14 may bring an action under this section no later than six years 15 from the date the cause of action accrues. 16 7. It is an affirmative defense if a person sued under this 17 section was unaware that the person was engaged in conduct 18 described in section 146E.3, 146E.5, or 146E.14 and took every 19 reasonable precaution to ensure that the person would not 20 violate section 146E.3, 146E.5, or 146E.14. 21 8. This section shall not be construed to impose liability 22 on speech or conduct protected by the first amendment to the 23 Constitution of the United States, as made applicable to the 24 states through the United States supreme court interpretations 25 of the fourteenth amendment to the Constitution of the United 26 States, or by Article I, section 7, of the Constitution of the 27 State of Iowa. 28 9. Notwithstanding any other law to the contrary, a court 29 shall not award court costs or reasonable attorney fees to a 30 defendant under this section. 31 10. A person bringing an action under this section is 32 entitled to receive twenty-five percent of the civil penalties 33 recovered. The remainder of the recovered civil penalties 34 shall be paid to the state. 35 -15- LSB 2211YH (2) 90 pf/rh 15/ 53

H.F. 510 11. The state is not liable for expenses that a person 1 incurs in bringing an action under this section. 2 Sec. 9. NEW SECTION . 146E.8 Qui tam enforcement —— 3 interactive computer services. 4 1. A person, other than a governmental entity or an officer 5 or employee of a governmental entity, has standing to bring and 6 may bring a qui tam action against a person that meets any of 7 the following conditions: 8 a. Provides or maintains an interactive computer service 9 that allows Iowa residents to access information or material 10 that assists or facilitates efforts to obtain elective 11 abortions or abortion-inducing drugs. 12 b. Provides or maintains a platform for downloading any 13 application or software for use on a computer or electronic 14 device that is designed to assist or facilitate efforts to 15 obtain elective abortions or abortion-inducing drugs. 16 c. Provides or maintains a platform that allows or enables 17 those who provide or aid or abet elective abortions, or those 18 who manufacture, mail, distribute, transport, deliver, or 19 provide abortion-inducing drugs, to collect money, digital 20 currency, resources, or any other thing of value in exchange 21 for such services. 22 2. An action under this section shall be brought in the name 23 of the person and the state. 24 3. Except as provided in subsection 4, if a plaintiff 25 prevails in an action brought under this section, the court 26 shall award only declaratory and injunctive relief. A court 27 shall not award damages in an action brought under this 28 section, even if the plaintiff demonstrates harm from the 29 defendant’s conduct, nor shall a court award a prevailing 30 plaintiff court costs or reasonable attorney fees. 31 4. Relief shall not be awarded under subsection 3 if the 32 civil action was brought in response to any of the following: 33 a. The exercise of state or federal constitutional rights 34 that belong personally to the defendant. 35 -16- LSB 2211YH (2) 90 pf/rh 16/ 53

H.F. 510 b. Conduct taken at the behest of a federal agency, 1 contractor, or employee that is carrying out duties under 2 federal law, if the relief authorized under subsection 3 3 would violate the doctrine of preemption or intergovernmental 4 immunity. 5 c. Conduct taken by a pregnant woman or formerly pregnant 6 woman who aborted or attempted to abort such woman’s unborn 7 child, if such woman is the named defendant in the civil 8 action. 9 5. a. It is an affirmative defense if a person who sued 10 under this section meets all of the following conditions: 11 (1) Was unaware that the person’s interactive computer 12 service or platform was being used to assist or facilitate 13 efforts to obtain elective abortions or abortion-inducing 14 drugs. 15 (2) Upon discovering that the person’s interactive computer 16 service or platform was being used to assist or facilitate 17 efforts to obtain elective abortions or abortion-inducing 18 drugs, the person took prompt action to block access to any 19 information, material, application, or software that assists 20 or facilitates efforts to obtain elective abortions or 21 abortion-inducing drugs; and to block those who provide or aid 22 or abet elective abortions and those who manufacture, mail, 23 distribute, transport, deliver, or provide abortion-inducing 24 drugs, from collecting money, digital currency, resources, or 25 any other thing of value in exchange for such services through 26 its interactive computer service or platform. 27 b. The defendant has the burden of proving an affirmative 28 defense under this subsection by a preponderance of the 29 evidence. 30 6. A person who engages in the conduct described under 31 subsection 1 shall not be subject to any of the following: 32 a. Held vicariously liable for any nominal, statutory, or 33 compensatory damages incurred by another information content 34 provider. 35 -17- LSB 2211YH (2) 90 pf/rh 17/ 53

H.F. 510 b. Held liable or legally responsible for the conduct of 1 a publisher or speaker of any information provided by another 2 information content provider. 3 c. Treated as the speaker or publisher of any information 4 provided by another information content provider under any 5 provision of state law. 6 7. a. Notwithstanding any other law to the contrary, the 7 requirements of this section shall be enforced exclusively 8 through the qui tam actions described in subsection 1. 9 b. Direct or indirect enforcement of this section shall 10 not be taken or threatened by a governmental entity or an 11 officer or employee of a governmental entity by any means, 12 and a violation of this section shall not be used to justify 13 or trigger the enforcement of any other law or any type of 14 adverse consequence under any other law, except as provided in 15 subsections 1, 2, and 3. 16 c. This section does not preclude or limit the enforcement 17 of any other law or regulation against conduct that is 18 independently prohibited by such other law or regulation, and 19 that would remain prohibited by such other law or regulation 20 in the absence of this section. 21 8. Notwithstanding any other law to the contrary, a provider 22 or user of an interactive computer service shall have absolute 23 and nonwaivable immunity from liability or suit on account of 24 any of the following: 25 a. An action taken to restrict access to or availability of 26 information or material that assists or facilitates access to 27 elective abortions or abortion-inducing drugs, whether or not 28 such information or material is constitutionally protected. 29 b. An action taken to enable or make available to 30 information content providers or others the technical means 31 to restrict access to information or material described in 32 paragraph “a” . 33 c. A denial of service to those who provide or aid or abet 34 elective abortions, or those who manufacture, mail, distribute, 35 -18- LSB 2211YH (2) 90 pf/rh 18/ 53

H.F. 510 transport, deliver, or provide abortion-inducing drugs. 1 9. The state is not liable for expenses that a person incurs 2 in bringing an action under this section. 3 Sec. 10. NEW SECTION . 146E.9 Affirmative defenses. 4 1. a. A defendant against whom an action is brought under 5 section 146E.6, 146E.7, or 146E.8 may assert an affirmative 6 defense to liability under this section if any of the following 7 conditions applies: 8 (1) The imposition of civil liability on the defendant 9 will violate federally protected rights, or state or federal 10 constitutional rights, that belong to the defendant personally. 11 (2) The defendant has standing to assert the rights 12 of a third party under the tests for third-party standing 13 established by the supreme court of the United States or the 14 supreme court, and demonstrates that the imposition of civil 15 liability on the defendant will violate federally protected 16 rights or state or federal constitutional rights belonging to 17 that third party. 18 (3) The imposition of civil liability on the defendant will 19 violate the Constitution of the State of Iowa. 20 (4) The imposition of civil liability on the defendant would 21 violate the limits on extraterritorial jurisdiction imposed by 22 the Constitution of the United States or the Constitution of 23 the State of Iowa. 24 b. The defendant has the burden of proving the affirmative 25 defense in subsection 1 by a preponderance of the evidence. 26 2. This section shall not limit or preclude a defendant 27 from asserting the unconstitutionality of any provision or 28 application of state law as a defense to liability under 29 section 146E.6, 146E.7, or 146E.8, or from asserting any other 30 defense that might be available under any other source of law. 31 3. Notwithstanding any other law, a court shall not apply 32 the law of another state or jurisdiction to any civil action 33 brought under section 146E.6, 146E.7, or 146E.8, unless 34 otherwise required by law. 35 -19- LSB 2211YH (2) 90 pf/rh 19/ 53