HF 666 (LSB 2020YH (3) 91)

HOUSE FILE 666

BY  SHIPLEY, THOMPSON, FETT, HENDERSON, CISNEROS, GERHOLD, HAYES, WENGRYN, and FISHER

A BILL FOR

An Act relating to the Iowa human life protection Act, providing for civil actions and civil penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  FINDINGS.
   1.  The general assembly acknowledges that all human beings are created equal and endowed by their creator with certain unalienable rights, the foremost of which is the right to life.
   2.  The life of every human being begins at fertilization when a male sperm fuses with a female egg resulting in a single-celled human called a zygote. The union of the male and female deoxyribonucleic acid during fertilization restores the number of chromosomes needed to create a new human being. The Carnegie stages of human development, numbered one to twenty-three, is the accepted standard of embryological development used by biologists to describe the physical features of the human being, with the first stage marked by the moment of fertilization through sperm-egg fusion and the last stage at an estimated postfertilization age of eight weeks when over ninety percent of the more than four thousand five hundred named body structures are present.
   3.  The state of Iowa has a fundamental and compelling interest in protecting the life of every human being from the moment of fertilization.
   4.  Abortion is a murderous act of violence that purposefully and knowingly terminates a human life in the womb.
   5.  Unborn human beings are entitled to the full and equal protection of the laws that prohibit violence against other human beings.
   6.  The United States Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, No. 19-1392, 597 U.S. ___ (2022), correctly overruled the lawless and unconstitutional pronouncements in Roe v. Wade, 410 U.S. 113 (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), which had invented and perpetuated a supposed constitutional right to abortion that cannot be found anywhere in the text of the Constitution of the United States.
   7.  It is a federal crime pursuant to 18 U.S.C. §1461 to mail abortion pills or to receive them in the mail, punishable by imprisonment for five years. It is also a federal crime to transport abortion pills in interstate or foreign commerce pursuant to 18 U.S.C. §1462(c). These statutes are fully enforceable now that Roe v. Wade, 410 U.S. 113 (1973), has been overruled. The statute of limitations for each of these crimes is five years.
   8.  Violations of 18 U.S.C. §1461 and §1462 are predicate offenses under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), which exposes abortion pill distribution networks and their donors to civil RICO liability as well as criminal prosecution as a racketeering enterprise under 18 U.S.C. §1961.
   9.  The general assembly calls upon the United States attorneys for the northern and southern districts of Iowa to investigate and prosecute every abortion pill distribution network under 18 U.S.C. §1461 and §1462 and RICO.
    Sec. 2.  NEW SECTION.  146F.1  Short title.
   This chapter shall be known, and may be cited, as the “Iowa Human Life Protection Act”.
    Sec. 3.  NEW SECTION.  146F.2  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Abortion fund” means a person that exists for the purpose of aiding or abetting elective abortions, and that pays for, reimburses, or subsidizes in any way the costs associated with obtaining an elective abortion.
   2.  “Abortion-inducing drug” means mifepristone, misoprostol, and any other medicine, drug, or other substance that is prescribed, dispensed, distributed, possessed, or used with the intent of terminating a clinically diagnosable pregnancy, with knowledge that the termination will with reasonable likelihood cause the death of the unborn child. “Abortion-inducing drug” includes the off-label use of drugs known to have abortion-inducing properties which are prescribed, dispensed, distributed, possessed, or used specifically with the intent of terminating a clinically diagnosable pregnancy. “Abortion-inducing drug” does not include any of the following:
   a.  Levenorgestrel, also known as plan b one-step or the morning-after pill, intrauterine devices, or any other type of contraception or emergency contraception.
   b.  Drugs that may be known to cause an abortion, but which are prescribed, dispensed, distributed, possessed, or used for a purpose that does not include the termination of a clinically diagnosable pregnancy.
   3.  “Abortion provider” means a person who performs elective abortions.
   4.  “Affiliate” means a person that with another person enters into a legal relationship created or governed by at least one written instrument, including a certificate of formation, a franchise agreement, standards of affiliation, bylaws, or a license, that demonstrates any of the following:
   a.  Common ownership, management, or control between the parties to the relationship.
   b.  A franchise granted by the person or entity to the affiliate.
   c.  The granting or extension of a license or other agreement authorizing the affiliate to use the other person’s brand name, trademark, service mark, or other registered identification mark.
   5.  “Aiding or abetting” or “aid or abet” means the same as defined in section 703.1.
   6.  “Attempt” or “attempts” relating to an elective abortion means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an elective abortion.
   7.  “Elective abortion” means the act of using, prescribing, administering, procuring, or selling any instrument, medicine, drug, or any other substance, device, or means with the purpose of terminating a clinically diagnosed pregnancy of a woman, with knowledge that the termination by any of those means will, with reasonable likelihood, cause the death of an unborn child. “Elective abortion” does not include any of the following:
   a.  In vitro fertilization or fertility treatments of any type.
   b.  The use, prescription, administration, procuring, or selling of levenorgestrel, also known as plan b one-step or the morning-after pill, intrauterine devices, or any other type of contraception or emergency contraception.
   c.  An act performed with the intent to do any of the following:
   (1)  Save the life or preserve the health of an unborn child.
   (2)  Remove a dead unborn child as the result of a spontaneous abortion, commonly known as a miscarriage.
   (3)  Remove or treat an ectopic pregnancy.
   (4)  Treat a physiological condition which the physician deems, in the physician’s reasonable medical judgment, to be a medical emergency.
   d.  A spontaneous abortion, commonly known as a miscarriage.
   e.  Medical treatment provided to a pregnant woman by a licensed physician if the intent of the medical treatment is not to cause an elective abortion, even if that treatment results in the accidental death of, or unintentional injury to or death of, the unborn child.
   f.  A medically indicated separation procedure.
   8.  “Fertilization” means the fusion of a human spermatozoon with a human ovum.
   9.  “Governmental entity” means this state, a state agency in the executive, judicial, or legislative branch of state government of this state, or a political subdivision of this state.
   10.  “Information content provider” means a person that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.
   11.  “Interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
   12.  “Major bodily function” includes but is not limited to functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
   13.  “Medical emergency” means a situation in which a medically indicated separation procedure or treatment for a physiological condition is performed due to any of the following:
   a.  To preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, or a life-endangering physical condition caused by or arising from the pregnancy including an ectopic pregnancy, but not including psychological conditions, emotional conditions, familial conditions, or the woman’s age.
   b.  When continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of a pregnant woman.
   14.  “Medically indicated separation procedure” means a medical intervention, the purpose of which is not to terminate a clinically diagnosed pregnancy of a woman, that is necessitated by a medical emergency. A “medically indicated separation procedure” is not an elective abortion.
   15.  “Perform”, “performance”, “performed”, “performs”, or “performing”, relative to an elective abortion, means the use of any means, including surgical or abortion-inducing drugs, to terminate a clinically diagnosed pregnancy with the intent other than to produce a live birth or to remove a dead fetus.
   16.  “Person” means the same as defined in section 4.1.
   17.  “Policy” includes a formal, written rule, policy, procedure, regulation, order, ordinance, motion, resolution, or amendment and an informal, unwritten policy.
   18.  “Political subdivision” means a city, county, township, or school district.
   19.  “Pregnant” means the human female reproductive condition of having a living unborn child within the human female’s uterus.
   20.  “Taxpayer resource transaction” means a sale, purchase, lease, donation of money, goods, services, or real property, or any other transaction between a governmental entity and a private entity that provides to the private entity something of value derived from state or local tax revenue, regardless of whether the governmental entity receives something of value in return. “Taxpayer resource transaction” includes advocacy or lobbying by or on behalf of a governmental entity on behalf of the interests of an abortion provider or affiliate but does not include any of the following:
   a.  The provision of basic public services, including fire and police protection and utilities, by a governmental entity to an abortion fund, abortion provider, or an affiliate of an abortion provider in the same manner as the entity provides the services to the general public.
   b.  An officer or employee of a governmental entity providing information to a member of the general assembly or appearing before a legislative committee at the request of the member or committee.
   c.  An elected official advocating for or against or otherwise influencing or attempting to influence the outcome of legislation pending before the general assembly while acting in the capacity of an elected official.
   d.  An individual communicating as a private citizen on a matter of public concern.
   21.  “Unborn child” means an individual organism of the species homo sapiens from fertilization to live birth.
   22.  “Woman” or “women” includes every person whose biological sex is female, including every person born with XX chromosomes and a uterus, regardless of any gender identity that the person attempts to assert or claim.
    Sec. 4.  NEW SECTION.  146F.3  Elective abortion —— prohibitions —— exceptions —— exclusive qui tam enforcement.
   1.  A person shall not knowingly use, employ, or administer any drug, instrument, device, means, or procedure upon a pregnant woman with the specific intent to cause an elective abortion.
   2.  A person shall not knowingly aid or abet the conduct described in subsection 1.
   3.  The prohibitions in this section shall apply if any portion of the prohibited conduct or elective abortion occurs in the state or within the jurisdiction of the state.
   4.  a.  Notwithstanding any other law to the contrary, the requirements of this section shall be enforced exclusively through the qui tam actions described in sections 146F.7 and 146F.8.
   b.  Direct or indirect enforcement of this section shall not be taken or threatened by a governmental entity or an officer or employee of a governmental entity against a person by any means, and a violation of this section shall not be used to justify or trigger the enforcement of any other law or any type of adverse consequence under any other law, except as provided in sections 146F.7 and 146F.8.
   c.  This section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation and that would remain prohibited by such other law or regulation in the absence of this section.
   5.  Notwithstanding any other law to the contrary, the prohibitions in this section shall not apply to any of the following:
   a.  Speech or conduct protected by the first amendment to the Constitution of the United States, as made applicable to the states through the United States supreme court interpretations of the fourteenth amendment to the Constitution of the United States, or by Article I, section 7, of the Constitution of the State of Iowa.
   b.  Conduct that the state is forbidden to regulate under federal law or the Constitution of the United States.
   c.  The provision of basic public services, including fire and police protection and utilities, by a governmental entity or a common carrier to an abortion provider, an abortion fund, or an affiliate of an abortion provider or abortion fund in the same manner as the governmental entity or common carrier provides those services to the general public.
   d.  Conduct taken at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if a prohibition on that conduct would violate the doctrine of preemption or intergovernmental immunity.
    Sec. 5.  NEW SECTION.  146F.4  Liability for wrongful death and personal injuries —— elective abortion.
   1.  Notwithstanding any other law to the contrary, a person who violates section 146F.3 shall be subject to all of the following:
   a.  Joint and several liability for the wrongful death of an unborn child who dies from the elective abortion.
   b.  Strict, and joint and several liability for all of the following:
   (1)  The wrongful death of a pregnant woman or formerly pregnant woman who dies from the elective abortion.
   (2)  Any personal injuries suffered by an unborn child or pregnant woman or formerly pregnant woman from the elective abortion.
   2.  Notwithstanding any other law to the contrary, including section 633.336, a surviving parent of an unborn child who was aborted in violation of section 146F.3 may maintain an action for wrongful death against a person who knowingly violated section 146F.3 resulting in the wrongful death of the unborn child.
   3.  A lawsuit shall not be brought under subsection 1 against or by any of the following:
   a.  Against a pregnant woman or formerly pregnant woman who aborted or attempted to abort the pregnant woman’s unborn child.
   b.  Against a person that acted at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if the imposition of liability would violate the doctrine of preemption or intergovernmental immunity.
   c.  By a person who through an act of sexual assault or incest impregnated the pregnant woman or formerly pregnant woman.
   d.  Against a provider or user of an interactive computer service if such a lawsuit would be preempted by 47 U.S.C. §230(c).
   4.  A plaintiff who prevails in a personal injury or wrongful death lawsuit under this section is entitled to recover all of the following:
   a.  Compensatory damages, including but not limited to damages for medical expenses, pain and suffering, and emotional distress.
   b.  Court costs and reasonable attorney fees.
   c.  Punitive damages of not less than one hundred thousand dollars.
   5.  Notwithstanding any other law to the contrary, if a plaintiff who brings suit under this section in response to a drug-induced abortion is unable to identify the specific manufacturer of the abortion-inducing drug that caused the death or injury, liability shall be apportioned among all manufacturers of abortion-inducing drugs in proportion to each manufacturer’s share of the market for abortion-inducing drugs.
   6.  Notwithstanding any other law to the contrary, a person may bring an action under this section no later than six years from the date the cause of action accrues.
   7.  Any waiver or purported waiver of the right to sue under this section shall be void as against public policy and shall not be enforceable in any court.
   8.  This section shall not be construed to impose liability on speech or conduct protected by the first amendment to the Constitution of the United States, as made applicable to the states through the United States supreme court interpretations of the fourteenth amendment to the Constitution of the United States, or by Article I, section 7, of the Constitution of the State of Iowa.
    Sec. 6.  NEW SECTION.  146F.5  Abortion-inducing drugs —— prohibitions —— qui tam enforcement.
   1.  Except as provided in subsection 2, it shall be unlawful for a person to do any of the following:
   a.  Manufacture, possess, or distribute abortion-inducing drugs in the state.
   b.  Mail, transport, deliver, or provide abortion-inducing drugs in any manner to or from a person or location in the state.
   c.  Engage in any conduct that constitutes aiding and abetting the manufacture, possession, distribution, mailing, transporting, delivery, or provision of abortion-inducing drugs.
   2.  Notwithstanding any other law to the contrary, subsection 1 does not prohibit any of the following:
   a.  Speech or conduct protected by the first amendment to the Constitution of the United States, as made applicable to the states through the United States supreme court interpretations of the fourteenth amendment to the Constitution of the United States, or by Article I, section 7, of the Constitution of the State of Iowa.
   b.  Conduct that the state is forbidden to regulate under federal law or the Constitution of the United States.
   c.  Conduct taken at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if a prohibition on that conduct would violate the doctrine of preemption or intergovernmental immunity.
   d.  Conduct taken by a pregnant woman or formerly pregnant woman who aborts or seeks to abort the woman’s unborn child.
   e.  The manufacture, possession, distribution, mailing, transporting, delivery, or provision of abortion-inducing drugs for a purpose that does not include termination of a pregnancy.
   f.  The possession of abortion-inducing drugs related to an effort to entrap a person that violates this section.
   g.  Any of the conduct described in section 146F.8, subsection 1.
   3.  a.  Notwithstanding any other law to the contrary, the requirements of this section shall be enforced exclusively through the qui tam actions described in sections 146F.7 and 146F.8.
   b.  Direct or indirect enforcement of this section shall not be taken or threatened by a governmental entity or an officer or employee of a governmental entity against a person, by any means, and violation of this section shall not be used to justify or trigger the enforcement of any other law or any type of adverse consequence under any other law, except as provided in sections 146F.7 and 146F.8.
   c.  This section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation, and that would remain prohibited by such other law or regulation in the absence of this section.
    Sec. 7.  NEW SECTION.  146F.6  Liability for wrongful death and personal injuries —— abortion-inducing drugs.
   1.  Notwithstanding any other law to the contrary, a person who manufactures, mails, distributes, transports, delivers, or provides abortion-inducing drugs; or who aids or abets the manufacture, mailing, distribution, transportation, delivery, or provision of abortion-inducing drugs shall be strictly, and jointly and severally liable for the wrongful death of an unborn child or pregnant woman who dies from the use of abortion-inducing drugs, and for any personal injuries suffered by an unborn child or pregnant woman or formerly pregnant woman from the use of abortion-inducing drugs.
   2.  Notwithstanding any other law to the contrary, including section 633.336, the surviving parents of an unborn child who was aborted in violation of section 146F.3 may maintain an action for wrongful death against a person who knowingly violated section 146F.3 resulting in the wrongful death of the unborn child.
   3.  A lawsuit shall not be brought under subsection 1 against or by any of the following:
   a.  Against a pregnant woman or formerly pregnant woman who used or sought to obtain abortion-inducing drugs to abort or attempt to abort her unborn child.
   b.  Against a person that acted at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if the imposition of liability would violate the doctrine of preemption or intergovernmental immunity.
   c.  By a person who, through an act of sexual assault or incest, impregnated the woman who used abortion-inducing drugs.
   d.  Against a provider or user of an interactive computer service if such a lawsuit would be preempted by 47 U.S.C. §230(c).
   4.  A plaintiff who prevails in a personal injury or wrongful death lawsuit under this section is entitled to recover all of the following:
   a.  Compensatory damages, including but not limited to damages for medical expenses, pain and suffering, and emotional distress.
   b.  Court costs and reasonable attorney fees.
   c.  Punitive damages of not less than one hundred thousand dollars.
   5.  Notwithstanding any other law to the contrary, if a plaintiff who brings suit under this section in response to a drug-induced abortion is unable to identify the specific manufacturer of the abortion-inducing drug that caused the death or injury, liability shall be apportioned among all manufacturers of abortion-inducing drugs in proportion to each manufacturer’s share of the market for abortion-inducing drugs.
   6.  Notwithstanding any other law to the contrary, a person may bring an action under this section no later than six years from the date the cause of action accrues.
   7.  Any waiver or purported waiver of the right to sue under this section shall be void as against public policy and shall not be enforceable in any court.
   8.  a.  It is an affirmative defense if a person sued under this section was unaware that the person was engaged in the conduct described in this section, and took every reasonable precaution to ensure that the person would not manufacture, mail, distribute, transport, deliver, provide, or aid or abet the manufacture, mailing, distribution, transportation, delivery, or provision of abortion-inducing drugs.
   b.  The defendant has the burden of proving an affirmative defense under this subsection by a preponderance of the evidence.
   9.  This section shall not be construed to impose liability on speech or conduct protected by the first amendment to the Constitution of the United States, as made applicable to the states through the United States supreme court interpretations of the fourteenth amendment to the Constitution of the United States, or by Article I, section 7, of the Constitution of the State of Iowa.
    Sec. 8.  NEW SECTION.  146F.7  Qui tam enforcement for certain violations.
   1.  A person, other than a governmental entity or an officer or employee of a governmental entity, has standing to bring and may bring a qui tam action against a person that meets any of the following conditions:
   a.  Violates any provision of section 146F.3, 146F.5, or 146F.14.
   b.  Intends to violate any provision of section 146F.3, 146F.5, or 146F.14.
   2.  Notwithstanding any other law to the contrary, an action shall not be brought under this section against or by any of the following:
   a.  Against the pregnant woman or formerly pregnant woman upon whom an elective abortion was performed or induced or attempted to be performed or induced in violation of this chapter, or against a pregnant woman who intends to seek or who seeks an elective abortion in violation of this chapter.
   b.  Against a person that performs, aids or abets, or attempts to perform or aid or abet an elective abortion at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if a prohibition on elective abortion would violate the doctrine of preemption or intergovernmental immunity.
   c.  Against a common carrier that transports a pregnant woman to an abortion provider, if the common carrier is unaware that the pregnant woman intends to abort the pregnant woman’s unborn child.
   d.  Against a provider or user of an interactive computer service if such a lawsuit would be preempted by 47 U.S.C. §230(c).
   e.  By a person who, through an act of sexual assault or incest, impregnated a woman who is seeking an elective abortion, or a person who acts in concert or participation with the person who impregnated the woman.
   3.  An action under this section shall be brought in the name of the person and of the state.
   4.  If a plaintiff prevails in an action brought under this section, the court shall award all of the following:
   a.  Injunctive relief sufficient to prevent the defendant from violating section 146F.3, 146F.5, or 146F.14.
   b.  Nominal and compensatory damages if the plaintiff has suffered injury or harm from the defendant’s conduct, including but not limited to loss of consortium and emotional distress.
   c.  Civil penalties in an amount of not less than ten thousand dollars for each violation of section 146F.3, 146F.5, or 146F.14.
   d.  Court costs and reasonable attorney fees.
   5.  Notwithstanding subsection 4, a court shall not award relief under subsection 4, paragraph “c” or “d”, in response to a violation of subsection 1, paragraph “a”, if the defendant demonstrates that a court has already ordered the defendant to pay the full amount of civil penalties under subsection 4, paragraph “c”, in another action for that particular violation of section 146F.3, 146F.5, or 146F.14.
   6.  Notwithstanding any other law to the contrary, a person may bring an action under this section no later than six years from the date the cause of action accrues.
   7.  It is an affirmative defense if a person sued under this section was unaware that the person was engaged in conduct described in section 146F.3, 146F.5, or 146F.14 and took every reasonable precaution to ensure that the person would not violate section 146F.3, 146F.5, or 146F.14.
   8.  This section shall not be construed to impose liability on speech or conduct protected by the first amendment to the Constitution of the United States, as made applicable to the states through the United States supreme court interpretations of the fourteenth amendment to the Constitution of the United States, or by Article I, section 7, of the Constitution of the State of Iowa.
   9.  Notwithstanding any other law to the contrary, a court shall not award court costs or reasonable attorney fees to a defendant under this section.
   10.  A person bringing an action under this section is entitled to receive twenty-five percent of the civil penalties recovered. The remainder of the recovered civil penalties shall be paid to the state.
   11.  The state is not liable for expenses that a person incurs in bringing an action under this section.
    Sec. 9.  NEW SECTION.  146F.8  Qui tam enforcement —— interactive computer services.
   1.  A person, other than a governmental entity or an officer or employee of a governmental entity, has standing to bring and may bring a qui tam action against a person that meets any of the following conditions:
   a.  Provides or maintains an interactive computer service that allows Iowa residents to access information or material that assists or facilitates efforts to obtain elective abortions or abortion-inducing drugs.
   b.  Provides or maintains a platform for downloading any application or software for use on a computer or electronic device that is designed to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs.
   c.  Provides or maintains a platform that allows or enables those who provide or aid or abet elective abortions, or those who manufacture, mail, distribute, transport, deliver, or provide abortion-inducing drugs, to collect money, digital currency, resources, or any other thing of value in exchange for such services.
   2.  An action under this section shall be brought in the name of the person and the state.
   3.  Except as provided in subsection 4, if a plaintiff prevails in an action brought under this section, the court shall award only declaratory and injunctive relief. A court shall not award damages in an action brought under this section, even if the plaintiff demonstrates harm from the defendant’s conduct, nor shall a court award a prevailing plaintiff court costs or reasonable attorney fees.
   4.  Relief shall not be awarded under subsection 3 if the civil action was brought in response to any of the following:
   a.  The exercise of state or federal constitutional rights that belong personally to the defendant.
   b.  Conduct taken at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if the relief authorized under subsection 3 would violate the doctrine of preemption or intergovernmental immunity.
   c.  Conduct taken by a pregnant woman or formerly pregnant woman who aborted or attempted to abort such woman’s unborn child, if such woman is the named defendant in the civil action.
   5.  a.  It is an affirmative defense if a person who sued under this section meets all of the following conditions:
   (1)  Was unaware that the person’s interactive computer service or platform was being used to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs.
   (2)  Upon discovering that the person’s interactive computer service or platform was being used to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs, the person took prompt action to block access to any information, material, application, or software that assists or facilitates efforts to obtain elective abortions or abortion-inducing drugs; and to block those who provide or aid or abet elective abortions and those who manufacture, mail, distribute, transport, deliver, or provide abortion-inducing drugs, from collecting money, digital currency, resources, or any other thing of value in exchange for such services through its interactive computer service or platform.
   b.  The defendant has the burden of proving an affirmative defense under this subsection by a preponderance of the evidence.
   6.  A person who engages in the conduct described under subsection 1 shall not be subject to any of the following:
   a.  Held vicariously liable for any nominal, statutory, or compensatory damages incurred by another information content provider.
   b.  Held liable or legally responsible for the conduct of a publisher or speaker of any information provided by another information content provider.
   c.  Treated as the speaker or publisher of any information provided by another information content provider under any provision of state law.
   7.  a.  Notwithstanding any other law to the contrary, the requirements of this section shall be enforced exclusively through the qui tam actions described in subsection 1.
   b.  Direct or indirect enforcement of this section shall not be taken or threatened by a governmental entity or an officer or employee of a governmental entity by any means, and a violation of this section shall not be used to justify or trigger the enforcement of any other law or any type of adverse consequence under any other law, except as provided in subsections 1, 2, and 3.
   c.  This section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation, and that would remain prohibited by such other law or regulation in the absence of this section.
   8.  Notwithstanding any other law to the contrary, a provider or user of an interactive computer service shall have absolute and nonwaivable immunity from liability or suit on account of any of the following:
   a.  An action taken to restrict access to or availability of information or material that assists or facilitates access to elective abortions or abortion-inducing drugs, whether or not such information or material is constitutionally protected.
   b.  An action taken to enable or make available to information content providers or others the technical means to restrict access to information or material described in paragraph “a”.
   c.  A denial of service to those who provide or aid or abet elective abortions, or those who manufacture, mail, distribute, transport, deliver, or provide abortion-inducing drugs.
   9.  The state is not liable for expenses that a person incurs in bringing an action under this section.
    Sec. 10.  NEW SECTION.  146F.9  Affirmative defenses.
   1.  a.  A defendant against whom an action is brought under section 146F.6, 146F.7, or 146F.8 may assert an affirmative defense to liability under this section if any of the following conditions applies:
   (1)  The imposition of civil liability on the defendant will violate federally protected rights, or state or federal constitutional rights, that belong to the defendant personally.
   (2)  The defendant has standing to assert the rights of a third party under the tests for third-party standing established by the supreme court of the United States or the supreme court, and demonstrates that the imposition of civil liability on the defendant will violate federally protected rights or state or federal constitutional rights belonging to that third party.
   (3)  The imposition of civil liability on the defendant will violate the Constitution of the State of Iowa.
   (4)  The imposition of civil liability on the defendant would violate the limits on extraterritorial jurisdiction imposed by the Constitution of the United States or the Constitution of the State of Iowa.
   b.  The defendant has the burden of proving the affirmative defense in subsection 1 by a preponderance of the evidence.
   2.  This section shall not limit or preclude a defendant from asserting the unconstitutionality of any provision or application of state law as a defense to liability under section 146F.6, 146F.7, or 146F.8, or from asserting any other defense that might be available under any other source of law.
   3.  Notwithstanding any other law, a court shall not apply the law of another state or jurisdiction to any civil action brought under section 146F.6, 146F.7, or 146F.8, unless otherwise required by law.
    Sec. 11.  NEW SECTION.  146F.10  Defenses not applicable.
   Notwithstanding any law to the contrary, none of the following is a defense to an action brought under section 146F.4, 146F.6, or 146F.7:
   1.  Ignorance or mistake of law.
   2.  A defendant’s belief that the requirements or provisions of this chapter are unconstitutional or were unconstitutional when the cause of action accrued.
   3.  A defendant’s reliance on any court decision that has been vacated, reversed, or overruled on appeal or by a subsequent court, even if that court decision had not been vacated, reversed, or overruled when the cause of action accrued.
   4.  A defendant’s reliance on any state or federal court decision that is not binding on the court in which the action has been brought.
   5.  A defendant’s reliance on any federal statute, agency rule or action, or treaty that has been repealed, superseded, or declared invalid or unconstitutional, even if that federal statute, agency rule or action, or treaty had not been repealed, superseded, or declared invalid or unconstitutional when the cause of action accrued.
   6.  Nonmutual issue preclusion or nonmutual claim preclusion.
   7.  The consent of the plaintiff or the pregnant woman or formerly pregnant woman, the consent of a parent of the pregnant woman or formerly pregnant woman if such woman was an unemancipated minor, or the consent of the legal guardian of the pregnant woman or formerly pregnant woman to the elective abortion.
   8.  Contributory or comparative negligence.
   9.  Assumption of risk.
   10.  Any claim that the enforcement of this chapter or the imposition of civil liability against the defendant will violate the constitutional rights of third parties, except as provided by section 146F.9, subsection 1.
    Sec. 12.  NEW SECTION.  146F.11  Venue.
   1.  Notwithstanding any other law to the contrary, including chapter 616, a civil action brought under section 146F.6, 146F.7, or 146F.8 may be brought in any of the following:
   a.  The county in which all or a substantial part of the events or omissions giving rise to the cause of action occurred.
   b.  The county of residence for any one of the natural person defendants at the time the cause of action accrued.
   c.  The county of the principal office in this state of any one of the defendants that is not a natural person.
   d.  The county of residence for the plaintiff if the plaintiff is a natural person residing in the state.
   2.  If a civil action is brought under section 146F.6, 146F.7, or 146F.8 in any venue described in subsection 1, the action shall not be transferred to a different venue without the written consent of all parties.
    Sec. 13.  NEW SECTION.  146F.12  Personal jurisdiction —— choice of law —— class action lawsuits.
   1.  Notwithstanding any other law to the contrary, including section 617.3, the courts of this state shall have personal jurisdiction over a defendant sued under section 146F.4, 146F.6, 146F.7, or 146F.8.
   2.  Notwithstanding any other law to the contrary, Iowa law shall apply to any civil action brought under section 146F.4, 146F.6, 146F.7, or 146F.8.
   3.  Notwithstanding any other law to the contrary, including rule of civil procedure 1.262, a civil action under this section shall not be litigated on behalf of a plaintiff class or a defendant class, and a court shall not certify a class under rule of civil procedure 1.262 in any civil action brought under section 146F.4, 146F.6, 146F.7, or 146F.8.
    Sec. 14.  NEW SECTION.  146F.13  Protection from counter lawsuits.
   If a lawsuit is brought or a judgment entered against a person in any state or federal court, and the lawsuit or liability in whole or in part is based on that person’s decision or threat to bring an action under section 146F.6, 146F.7, or 146F.8, that person may recover damages from a party that brought the action, obtained the judgment, or sought to enforce the judgment. Recoverable damages shall include all of the following:
   1.  Compensatory damages created by the lawsuit or judgment including but not limited to monetary damages in the amount of the judgment, and court costs, expenses, and reasonable attorney fees expended in defending the action.
   2.  Court costs, expenses, and reasonable attorney fees incurred in bringing an action under this section.
   3.  Additional statutory damages in an amount of not less than one hundred thousand dollars.
    Sec. 15.  NEW SECTION.  146F.14  Government contractors and grant recipients —— qui tam liability.
   1.  A person that enters into a contract with a governmental entity or a subcontract with a contractor of a governmental entity, or that receives any grant or funding from a governmental entity shall not pay for, reimburse, or subsidize in any way the costs associated with an elective abortion, regardless of the person upon whom the elective abortion is performed, where the elective abortion is performed, or the law of the jurisdiction in which the elective abortion is performed, including by engaging in any of the following acts:
   a.  Providing coverage of elective abortions as an employee benefit.
   b.  Paying for, reimbursing, or subsidizing the travel costs associated with obtaining an elective abortion, or covering those costs as an employee benefit.
   c.  Donating or lending money, digital currency, resources, or any other thing of value to an abortion provider, abortion fund, or an affiliate of an abortion provider, either directly or by laundering the donation or loan through an intermediary.
   d.  Offering, providing, or lending money, digital currency, resources, or any other thing of value with the knowledge that the thing of value will be used to pay for, offset, or reimburse the costs of an elective abortion or the costs associated with procuring an elective abortion.
   e.  Performing or providing any type of work or service for an abortion provider, abortion fund, or an affiliate of an abortion provider, regardless of whether such work or service is done on a paid, contract, or volunteer basis, except for the provision of basic public services, including fire and police protection and utilities, by a governmental entity or a common carrier to an abortion provider, an abortion fund, or an affiliate of an abortion provider in the same manner as the governmental entity or common carrier provides the services to the general public.
   f.  Paying, offering to pay, or providing insurance that covers legal expenses, court judgments, or settlements of those who violate the abortion laws of the United States, or the abortion laws of any state, local, or foreign jurisdiction.
   g.  Engaging in any conduct that would constitute aiding and abetting an elective abortion, regardless of the person upon whom the elective abortion is performed, where the elective abortion is performed, or the law of the jurisdiction in which the elective abortion is performed.
   2.  A person shall not enter into a contract with a governmental entity, enter into a subcontract with a contractor of a governmental entity, or receive any grant or funding from a governmental entity, unless the person certifies in writing that the person complies with each of the requirements in subsection 1.
   3.  A person that violates subsection 1 after entering into a contract with a governmental entity, entering into a subcontract with a contractor of a governmental entity, or receiving any type of grant or funding from a governmental entity, shall be subject to qui tam liability as provided in section 146F.7.
    Sec. 16.  NEW SECTION.  146F.15  Internet service providers —— blocking access to certain information —— immunity —— recoverable damages resulting from lawsuit.
   1.  An internet service provider that provides service in the state shall make all reasonable and technologically feasible efforts to block access to all of the following:
   a.  Child pornography as defined in 18 U.S.C. §2256(8).
   b.  Information or material intended to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs including but not limited to the following:
   (1)  An internet site, platform, or other interactive computer service operated by or on behalf of an abortion provider or abortion fund.
   (2)  An internet site, platform, or other interactive computer service for downloading any application or software for use on a computer or electronic device that is designed to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs.
   (3)  An internet site, platform, or other interactive computer service that allows or enables those who provide or aid or abet elective abortions, or those who manufacture, mail, distribute, transport, deliver, or provide abortion-inducing drugs, to collect money, digital currency, resources, or any other thing of value in exchange for such services.
   2.  A person who becomes aware that information or material described in subsection 1 is accessible through internet service provided by an entity that provides internet service in the state may notify that internet service provider and request that the internet service provider block access to the information or material. A person may provide notification by any of the following means:
   a.  Calling the internet service provider’s customer support number and providing a precise description and location of the information or material described in subsection 1.
   b.  Mailing a letter to the internet service provider and providing a precise description and location of the information or material described in subsection 1.
   3.  Notwithstanding any other law to the contrary, direct or indirect enforcement of this section shall not be taken or threatened by a governmental entity, or by an officer or employee of a governmental entity, by any means. However, the state, its political subdivisions, and officers and employees of the state and its political subdivisions may ask or encourage internet service providers to comply with the provisions of this section.
   4.  Notwithstanding any other law to the contrary, an internet service provider shall have absolute and nonwaivable immunity from liability or suit on account of any of the following:
   a.  An action taken to comply with the requirements of this section, or to restrict access to or availability of any of the information or material described in subsection 1.
   b.  An action taken to enable or make available to information content providers or others the technical means to restrict access to information or material described in subsection 1.
   c.  A denial of service to those who use or seek to use the internet to make available information or material described in subsection 1.
   5.  If a lawsuit is brought or a judgment entered against an internet service provider in any state or federal court, and the lawsuit or liability in whole or in part is based on the internet service provider’s compliance with the requirements of this section, the internet service provider may recover damages from a party that brought the action, obtained that judgment, or sought to enforce that judgment. Recoverable damages shall include all of the following:
   a.  Compensatory damages created by the lawsuit or judgment, including but not limited to monetary damages in the amount of the judgment, expenses, and reasonable attorney fees spent in defending the action.
   b.  Court costs, expenses, and reasonable attorney fees incurred in bringing an action under this section.
   c.  Additional statutory damages in an amount not less than one hundred thousand dollars.
    Sec. 17.  NEW SECTION.  146F.16  Internet service in publicly owned buildings —— public libraries and school districts and institutions of higher education —— access to certain information.
   1.  A publicly owned building in the state that provides internet service shall be equipped to operate a technology protection measure with respect to each of the computers with internet access in the publicly owned building that protects against access through those computers to all of the following:
   a.  Child pornography as defined in 18 U.S.C. §2256(8).
   b.  Information or material that is intended to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs, including but not limited to the following interactive computer services:
   (1)  An internet site, platform, or other interactive computer service operated by or on behalf of an abortion provider or abortion fund.
   (2)  An internet site, platform, or other interactive computer service for downloading any application or software for use on a computer or electronic device that is designed to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs.
   (3)  An internet site, platform, or other interactive computer service that allows or enables those who provide or aid or abet elective abortions, or those who manufacture, mail, distribute, transport, deliver, or provide abortion-inducing drugs, to collect money, digital currency, resources, or any other thing of value in exchange for such services.
   2.  A person who becomes aware that information or material described in subsection 1 is accessible through internet service provided by a government-owned building, public library location, school district location, or location of an institution of higher education governed by the state board of regents in the state may notify an administrator, supervisor, or other authority with control over the building or location and request that the authority block access to that information or material.
   3.  An administrator, supervisor, or other authority may disable a technology protection measure that blocks the information specified under subsection 1 to enable access for bona fide research or other lawful purposes.
    Sec. 18.  NEW SECTION.  146F.17  Governmental entities and political subdivisions —— prohibitions relating to elective abortion and taxpayer resource transactions —— qui tam actions.
   1.  a.  Notwithstanding any other law to the contrary, a political subdivision may enact and enforce ordinances regulating, restricting, or prohibiting elective abortion and conduct that aids or abets elective abortion.
   b.  A provision of state law shall not be construed to limit a political subdivision from enacting or enforcing ordinances regulating, restricting, or prohibiting elective abortion and conduct that aids or abets elective abortion, unless it clearly and explicitly does so with specific reference to this section.
   2.  A governmental entity shall not enter into a taxpayer resource transaction with any of the following:
   a.  An abortion fund.
   b.  An abortion provider.
   c.  An affiliate of an abortion provider.
   d.  A person who pays for, reimburses, or subsidizes in any way the costs associated with an elective abortion, regardless of the person upon whom the elective abortion is performed, where the elective abortion is performed, and the law of the jurisdiction in which the elective abortion is performed, unless required to do so by federal law or as a condition of receiving federal funds.
   3.  a.  A person has standing to bring and may bring a qui tam action against a person that enacts, issues, enforces, or attempts to enforce any ordinance, order, rule, directive, requirement, or written or unwritten policy described in subsection 1, or that enters into a taxpayer resource transaction described in subsection 2. An action under this section shall be brought in the name of the person and the state.
   b.  A plaintiff who prevails in a qui tam action brought under this section shall recover all of the following:
   (1)  Declaratory and injunctive relief.
   (2)  Nominal and compensatory damages if the plaintiff has suffered injury or harm from the defendant’s conduct.
   (3)  Civil penalties in an amount of not less than ten thousand dollars for each ordinance, order, rule, directive, requirement, or written or unwritten policy that the defendant enacted, issued, enforced, or attempted to enforce in violation of subsection 1 and for each prohibited taxpayer resource transaction that the defendant entered into in violation of subsection 2.
   (4)  Court costs and reasonable attorney fees.
   4.  Notwithstanding subsection 3, a court shall not award relief under subsection 3, paragraph “b”, subparagraph (3) or (4), if the defendant demonstrates that a court has already ordered the defendant to pay the full amount of civil penalties under subsection 3, paragraph “b”, subparagraph (3), in another action for that particular taxpayer resource transaction that the defendant entered in violation of subsection 2.
   5.  Sovereign immunity, governmental immunity, and official immunity are waived and abrogated in any lawsuit brought under subsection 3, and shall not be asserted as a defense in those proceedings.
   6.  A person bringing an action under this section is entitled to receive twenty-five percent of the civil penalties recovered. The remainder of the recovered civil penalties shall be paid to the state.
   7.  The state is not liable for expenses that a person incurs in bringing an action under this section.
    Sec. 19.  NEW SECTION.  146F.18  Medicaid —— persons qualified to perform services.
   1.  Notwithstanding any other law to the contrary, the following persons shall not be deemed persons qualified to perform the service or services required as described under 42 U.S.C. §1396a(a)(23) under the Medicaid program:
   a.  A person engaged in a pattern of racketeering activity as defined in 18 U.S.C. §1961 and §1962, including racketeering activity that violates 18 U.S.C. §1461 and 18 U.S.C. §1462(c).
   b.  A person that performs or participates in an elective abortion in violation of the laws of this state or in violation of the laws of another state.
   c.  An abortion provider or affiliate of an abortion provider.
   2.  Notwithstanding any other law to the contrary, the state and its officers and employees shall have sovereign immunity in any lawsuit brought to restrain the state and its officers and employees from enforcing subsection 1.
   3.  Notwithstanding any other law to the contrary, an attorney representing the state, its political subdivisions, or an officer or employee of the state or a political subdivision shall not waive the immunity described in subsection 2 or take any action that would result in a waiver of that immunity, and any such action or purported waiver shall be a legal nullity and an ultra vires act.
    Sec. 20.  NEW SECTION.  146F.19  Costs of lawsuits for injunctive or declaratory relief relating to restrictions on elective abortions —— payment to prevailing party.
   1.  Notwithstanding any other law to the contrary, a person that seeks declaratory or injunctive relief to prevent the state, a political subdivision, an officer or employee of the state or a political subdivision, or a person in this state from enforcing or bringing suit to enforce any statute, ordinance, rule, regulation, or any other type of law that regulates or restricts elective abortion or that limits taxpayer funding for a person that performs or promotes elective abortion in any state or federal court, or that represents a litigant seeking relief in any state or federal court, is jointly and severally liable to pay the court costs and reasonable attorney fees of the prevailing party, including the court costs and reasonable attorney fees the prevailing party incurs in the prevailing party’s efforts to recover such court costs and reasonable attorney fees.
   2.  For purposes of this section, a party is considered a prevailing party if a state or federal court does any of the following:
   a.  Dismisses any claim or cause of action brought against the party that seeks the declaratory or injunctive relief described in subsection 1, regardless of the reason for the dismissal.
   b.  Enters a judgment in the party’s favor on any such claim or cause of action.
   3.  A prevailing party may recover court costs and reasonable attorney fees under this section only to the extent that those court costs and attorney fees were incurred while defending claims or causes of action on which the party prevailed.
   4.  Regardless of whether a prevailing party sought to recover court costs or reasonable attorney fees in the underlying action, a prevailing party under this section may bring a civil action to recover court costs and reasonable attorney fees against a person that sought declaratory or injunctive relief described in subsection 1 not later than three years from the date on which any of the following occurs, as applicable:
   a.  The dismissal or judgment described in subsection 2 becomes final on the conclusion of appellate review.
   b.  The time for seeking appellate review expires.
   5.  It is not a defense to an action brought under subsection 4 that any of the following applies:
   a.  A prevailing party under this section failed to seek recovery of court costs or reasonable attorney fees in the underlying action.
   b.  The court in the underlying action declined to recognize or enforce the requirements of this section.
   c.  The court in the underlying action held that any provision of this section is invalid, unconstitutional, or preempted by federal law, notwithstanding the doctrines of issue or claim preclusion.
   6.  a.  Notwithstanding any other law to the contrary, including chapter 616, a civil action brought under subsection 4 may be brought in any of the following:
   (1)  The county in which all or a substantial part of the events or omissions giving rise to the cause of action occurred.
   (2)  The county of residence for any one of the natural person defendants at the time the cause of action accrued.
   (3)  The county of the principal office in this state of any one of the defendants that is not a natural person.
   (4)  The county of residence for the plaintiff if the plaintiff is a natural person residing in this state.
   b.  Any contractual choice-of-forum provision that purports to require a civil action under subsection 4 to be litigated in a forum other than as specified in paragraph “a” shall be void as against public policy, and shall not be enforced in any state or federal court.
   7.  If a civil action is brought under subsection 4 in any venue described in subsection 6, the action shall not be transferred to a different venue without the written consent of all parties.
    Sec. 21.  NEW SECTION.  146F.20  Immunity from suit and limits on state court jurisdiction.
   1.  a.  Notwithstanding any other law to the contrary, the state, its political subdivisions, or an officer or employee of this state or a political subdivision shall have sovereign immunity, governmental immunity, and official immunity, as applicable, in any action, claim, counterclaim, or any type of legal or equitable action that challenges the validity of any provision or application of this chapter on constitutional grounds or otherwise, or that seeks to prevent or enjoin the state, its political subdivisions, or an officer or employee of this state or a political subdivision from enforcing any provision or application of this chapter, or from hearing, adjudicating, or docketing a civil action brought under section 146F.6, 146F.7, or 146F.8, unless that immunity has been abrogated or preempted by federal law.
   b.  The sovereign immunity conferred by this section upon the state and each of its officers and employees includes the constitutional sovereign immunity which applies in both state and federal court and which may not be abrogated by the congress of the United States or by any state or federal court except pursuant to legislation authorized by section 5 of the fourteenth amendment to the Constitution of the United States.
   2.  Notwithstanding any other law to the contrary, the immunities conferred by subsection 1 shall apply in every court, both state and federal, and in every adjudicative proceeding of any type.
   3.  Notwithstanding any other law to the contrary, a provision of state law shall not be construed to waive or abrogate an immunity described in subsection 1 unless the provision expressly waives or abrogates immunity with specific reference to this section.
   4.  Notwithstanding any other law to the contrary, an attorney representing the state, its political subdivisions, or an officer or employee of this state or a political subdivision shall not waive an immunity described in subsection 1 or take any action that would result in a waiver of that immunity, and any such action or purported waiver shall be a legal nullity and an ultra vires act.
   5.  Notwithstanding any other law to the contrary, including rule of civil procedure 1.1101, and sections 602.4102, 602.5103, and 602.6101, a court of this state shall not award declaratory or injunctive relief or any type of writ that would pronounce any provision or application of this chapter invalid or unconstitutional, or that would restrain the state, its political subdivisions, an officer or employee of this state or a political subdivision, or a person from enforcing any provision or application of this chapter, or from hearing, adjudicating, docketing, or filing a civil action brought under section 146F.6, 146F.7, or 146F.8, and a court of this state shall not have jurisdiction to consider any action, claim, or counterclaim that seeks such relief.
   6.  Notwithstanding any other law to the contrary, any judicial relief issued by a court of this state that disregards the immunities conferred by subsection 1, or the jurisdictional limitations specified by subsection 5, shall be a legal nullity due to lack of jurisdiction, and shall not be enforced or obeyed by an officer or employee of this state or a political subdivision, judicial or otherwise.
   7.  Notwithstanding any other law to the contrary, any injunction, declaratory judgment, or writ issued by a court of this state that purports to restrain the state, its political subdivisions, an officer or employee of this state or a political subdivision, or any person from hearing, adjudicating, docketing, or filing a civil action brought under section 146F.6, 146F.7, or 146F.8, shall be a legal nullity and a violation of the due process clause of the fourteenth amendment of the Constitution of the United States, and shall not be enforced or obeyed by an officer or employee of this state or a political subdivision, judicial or otherwise.
   8.  Notwithstanding any other law to the contrary, an officer or employee of this state or a political subdivision, judicial or otherwise, who issues, enforces, or obeys an injunction, declaratory judgment, or writ described in subsection 7 shall be subject to suit by a person who is prevented from or delayed in bringing a civil action under section 146F.6, 146F.7, or 146F.8, and a plaintiff who prevails in an action brought under this section shall be awarded and recover all of the following:
   a.  Injunctive relief.
   b.  Compensatory damages.
   c.  Punitive damages of not less than one hundred thousand dollars.
   d.  Court costs and reasonable attorney fees.
   9.  Notwithstanding any other law to the contrary, a person who violates subsection 5 or 7 is prohibited from all of the following:
   a.  Asserting and being entitled to any type of immunity defense, including sovereign immunity, governmental immunity, official immunity, or judicial immunity.
   b.  Being indemnified for any award of damages, court costs, and reasonable attorney fees entered against the person, or for the costs of the person’s legal defense.
   c.  Receiving or obtaining legal representation from the attorney general of this state in any action brought under subsection 8.
   10.  Notwithstanding any other law to the contrary, a person who sues and seeks any injunction, declaratory judgment, or writ that would restrain a person from hearing, adjudicating, docketing, or filing a civil action brought under section 146F.6, 146F.7, or 146F.8, shall pay the court costs and reasonable attorney fees of the person sued. A person may bring a civil action to recover the court costs and reasonable attorney fees in state or federal court. It shall not be a defense to a civil action brought under this subsection that any of the following applies:
   a.  The plaintiff failed to seek recovery of court costs or attorney fees in the underlying action.
   b.  The court in the underlying action declined to recognize or enforce the requirements of this section.
   c.  The court in the underlying action held any provision of this section invalid, unconstitutional, or preempted by federal law, notwithstanding the doctrines of issue or claim preclusion.
    Sec. 22.  NEW SECTION.  146F.21  Pregnant woman not subject to criminal or civil action, penalties, or liability.
   Notwithstanding any other law to the contrary, this chapter shall not be construed to subject a pregnant woman or formerly pregnant woman on whom an elective abortion was performed or attempted to be performed to any of the following:
   1.  Any civil or criminal action under this chapter.
   2.  Any type of criminal or civil penalty or liability under this chapter.
    Sec. 23.  SEVERABILITY.
   1.  If any provision of this Act or its application to any person or circumstance is held invalid, the invalidation does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
   2.  A court shall not decline to enforce the severability requirements of this section on the ground that severance would rewrite the statute or involve a court in legislative or lawmaking activity.
    Sec. 24.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates the Iowa human life protection Act in new Code chapter 146F, and provides for civil actions and civil penalties. The bill includes findings relating to human life and abortion.
   New Code section 146F.2 provides definitions used in the new Code chapter including “abortion fund”, “abortion-inducing drug”, “abortion provider”, “affiliate”, “aiding or abetting”, “attempt” or “attempts”, “elective abortion”, “fertilization”, “governmental entity”, “information content provider”, “interactive computer service”, “major bodily function”, “medical emergency”, “medically indicated separation procedure”, “perform”, “performance”, “performed”, “performs”, or “performing” relative to an elective abortion, “person”, “policy”, “political subdivision”, “pregnant”, “taxpayer resource transaction”, “unborn child”, and “woman” or “women”.
   New Code section 146F.3 prohibits a person from knowingly using, employing, or administering any drug, instrument, device, means, or procedure upon a pregnant woman with the specific intent to cause an elective abortion, or from aiding or abetting such conduct. The prohibition applies if any portion of the prohibited conduct or elective abortion occurs in the state or within the jurisdiction of the state.
   The requirements of new Code section 146F.3 shall be enforced exclusively through the qui tam actions described in the bill; direct or indirect enforcement shall not be taken or threatened; and a violation of the Code section shall not be used to justify or trigger the enforcement of any other law or any type of adverse consequence under any other law, except as provided in the provisions of the bill relating to qui tam actions. However, the Code section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation and that would remain prohibited by such other law or regulation. The prohibition does not apply to speech or conduct protected by the first amendment to the Constitution of the United States; conduct the state is forbidden to regulate under federal law or the Constitution of the United States; the provision of basic public services by a governmental entity or a common carrier to an abortion provider, an abortion fund, or an affiliate of an abortion provider or abortion fund in the same manner those services are provided to the general public; or conduct taken at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if a prohibition on that conduct would violate the doctrine of preemption or intergovernmental immunity. 
   New Code section 146F.4 provides for liability for wrongful death and personal injuries related to an elective abortion. The Code section provides that a person who violates new Code section 146F.3 shall be subject to joint and several liability for the wrongful death of an unborn child who dies from the elective abortion; and strict, and joint and several liability for the wrongful death of a pregnant woman or formerly pregnant woman who dies from the elective abortion and any personal injuries suffered by an unborn child or pregnant woman or formerly pregnant woman from the elective abortion. A surviving parent of an unborn child who was aborted in violation of the bill may maintain an action for wrongful death against a person who knowingly violated the bill resulting in the wrongful death of the unborn child. 
   The bill prohibits a lawsuit under new Code section 146E.4 against and by certain people including: against a pregnant woman or formerly pregnant woman who aborted or attempted to abort the pregnant woman’s unborn child; against a person that acted at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if the imposition of liability would violate the doctrine of preemption or intergovernmental immunity; by a person who through an act of sexual assault or incest impregnated the pregnant woman or formerly pregnant woman; and against a provider or user of an interactive computer service if such a lawsuit would be preempted by federal law. A prevailing plaintiff is entitled to recover compensatory damages, court costs and reasonable attorney fees, and punitive damages of not less than $100,000. 
   Under new Code section 146F.4, if a plaintiff brings suit in response to a drug-induced abortion and is unable to identify the specific manufacturer of the abortion-inducing drug that caused the death or injury, liability is apportioned among all manufacturers of abortion-inducing drugs in proportion to each manufacturer’s share of the market for abortion-inducing drugs. A person may bring an action no later than six years from the date the cause of action accrues. Waiver of the right to sue is void as against public policy and shall not be enforceable in any court. The Code section shall not be construed to impose liability on constitutionally protected speech or conduct.
   New Code section 146F.5 relates to prohibitions related to abortion-inducing drugs and qui tam enforcement. The Code section provides that it is unlawful for a person to manufacture, possess, or distribute abortion-inducing drugs in the state; mail, transport, deliver, or provide abortion-inducing drugs in any manner to or from a person or location in the state; or engage in any conduct that constitutes aiding and abetting the manufacture, possession, distribution, mailing, transporting, delivery, or provision of abortion-inducing drugs. The bill does not prohibit constitutionally protected speech or conduct; conduct that the state is forbidden to regulate under federal law or the Constitution of the United States; conduct taken at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if a prohibition on that conduct would violate the doctrine of preemption or intergovernmental immunity; conduct taken by a pregnant woman or formerly pregnant woman who aborts or seeks to abort the woman’s unborn child; the manufacture, possession, distribution, mailing, transporting, delivery, or provision of abortion-inducing drugs for a purpose that does not include termination of a pregnancy; the possession of abortion-inducing drugs related to an effort to entrap persons that violate the Code section; or any of the conduct described under the section of the bill relating to interactive computer services. 
   New Code section 146F.5 shall only be enforced as a qui tam action as provided under the bill and direct or indirect enforcement of the Code section shall not be taken or threatened. However, the Code section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation, and that would remain prohibited by such other law or regulation.
   New Code section 146F.6 relates to liability for wrongful death and personal injuries related to the manufacture, mailing, distribution, transportation, delivery, or provision of abortion-inducing drugs. The Code section provides that a person who manufactures, mails, distributes, transports, delivers, or provides abortion-inducing drugs; or who aids or abets the manufacture, mailing, distribution, transportation, delivery, or provision of abortion-inducing drugs shall be strictly, and jointly and severally liable for the wrongful death of an unborn child or pregnant woman who dies from the use of abortion-inducing drugs, and for any personal injuries suffered by an unborn child or pregnant woman or formerly pregnant woman from the use of abortion-inducing drugs. The surviving parents of an unborn child who was aborted in violation of the Code section of the bill relating to elective abortion prohibitions may maintain an action for wrongful death against a person who knowingly violated the Code section resulting in the wrongful death of the unborn child.
   New Code section 146F.6 prohibits a lawsuit from being brought against a pregnant woman or formerly pregnant woman who used or sought to obtain abortion-inducing drugs to abort or attempt to abort her unborn child; against a person that acted at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if the imposition of liability would violate the doctrine of preemption or intergovernmental immunity; by a person who, through an act of sexual assault or incest, impregnated the woman who used abortion-inducing drugs; or against a provider or user of an interactive computer service if such a lawsuit would be preempted by federal law.
   A prevailing plaintiff under new Code section 146E.6 is entitled to recover compensatory damages, court costs and reasonable attorney fees, and punitive damages of not less than $100,000. If a plaintiff brings suit in response to a drug-induced abortion and is unable to identify the specific manufacturer of the abortion-inducing drug that caused the death or injury, liability shall be apportioned among all manufacturers of abortion-inducing drugs in proportion to each manufacturer’s share of the market for abortion-inducing drugs. A person may bring an action no later than six years from the date the cause of action accrues. Waiver of the right to sue is void as against public policy and shall not be enforceable in any court. It is an affirmative defense if a person sued under this Code section was unaware that the person was engaged in the conduct described in this Code section, and took every reasonable precaution to ensure that the person would not manufacture, mail, distribute, transport, deliver, provide, or aid or abet the manufacture, mailing, distribution, transportation, delivery, or provision of abortion-inducing drugs. The defendant has the burden of proving an affirmative defense by a preponderance of the evidence. The Code section shall not be construed to impose liability on constitutionally protected speech or conduct.
   New Code section 146F.7 provides for qui tam enforcement for certain violations under the bill. A person, other than a governmental entity or an officer or employee of a governmental entity, has standing to bring and may bring a qui tam action against any person that violates any provision of new Code section 146F.3 (elective abortion prohibitions), 146F.4 (abortion-inducing drugs prohibitions), or 146F.14 (government contractors and grant recipients); or any person who intends to violate any provision of those Code sections. A civil action shall not be brought under the Code section against the pregnant woman or formerly pregnant woman upon whom an elective abortion was performed or induced or attempted to be performed or induced or against a pregnant woman who intends or who seeks an elective abortion in violation of the new Code chapter; against any person that performs, aids or abets, or attempts to perform or aid or abet an elective abortion at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if a prohibition on that elective abortion would violate the doctrine of preemption or intergovernmental immunity; against a common carrier that transports a pregnant woman to an abortion provider, if the common carrier is unaware that the pregnant woman intends to abort the pregnant woman’s unborn child; against a provider or user of an interactive computer service if such a lawsuit would be preempted by federal law; or by a person who, through an act of sexual assault or incest, impregnated a woman who is seeking an elective abortion or a person who acts in concert or participation with the person who impregnated the woman. An action shall be brought in the name of the person and of the state. A plaintiff who prevails in an action under this Code section shall be awarded injunctive relief, nominal and compensatory damages if the plaintiff has suffered injury or harm from the defendant’s conduct, civil penalties of not less than $10,000 for each violation, and court costs and reasonable attorney fees. A person may bring an action no later than six years from the date the cause of action accrues. It is an affirmative defense if a person sued was unaware that the person was engaged in the specified conduct and took every reasonable precaution to ensure that the person would not be in violation of the specified provisions of the bill. The Code section shall not be construed to impose liability on constitutionally protected speech or conduct. A court shall not award court costs or reasonable attorney fees to a defendant. A person bringing an action is entitled to receive 25 percent of the civil penalties recovered, with the remaining civil penalties paid to the state. The state is not liable for expenses that a person incurs in bringing an action.
   New Code section 146F.8 provides for qui tam enforcement for violations relating to interactive computer services. The Code section provides that a person, other than a governmental entity or an officer or employee of a governmental entity, has standing to bring and may bring a qui tam action against a person that provides or maintains an interactive computer service that allows Iowa residents to access information or material that assists or facilitates efforts to obtain elective abortions or abortion-inducing drugs; provides or maintains a platform for downloading any application or software for use on a computer or electronic device that is designed to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs; or provides or maintains a platform that allows or enables those who provide or aid or abet elective abortions, or those who manufacture, mail, distribute, transport, deliver, or provide abortion-inducing drugs, to collect money, digital currency, resources, or any other thing of value in exchange for such services. 
   An action under new Code section 146F.8 shall be brought in the name of the person and the state. A prevailing plaintiff shall only be awarded declaratory and injunctive relief, not damages. Relief shall not be awarded if the action is brought in response to the exercise of state or federal constitutional rights that belong personally to the defendant; conduct taken at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if the relief would violate the doctrine of preemption or intergovernmental immunity; or conduct taken by a pregnant woman or formerly pregnant woman who aborted or attempted to abort such woman’s unborn child, if such woman is the named defendant in the civil action. 
   Under new Code section 146F.8, it is an affirmative defense if a person who sued was unaware that the person’s interactive computer service or platform was being used to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs; and upon discovering that the person’s interactive computer service or platform was being used to assist or facilitate such efforts, the person took prompt action to block access to any information, material, application, or software and to block those who provide or aid or abet elective abortions and those who manufacture, mail, distribute, transport, deliver, or provide abortion-inducing drugs, from collecting money, digital currency, resources, or any other thing of value in exchange for such services through its interactive computer service or platform. The defendant has the burden of proving an affirmative defense by a preponderance of the evidence. A person who engages in the violative conduct shall not be held vicariously liable for any nominal, statutory, or compensatory damages incurred by another information content provider; held liable or legally responsible for the conduct of any publisher or speaker of any information provided by another information content provider; or treated as the speaker or publisher of any information provided by another information content provider under any provision of state law. 
   New Code section 146F.8 shall be enforced exclusively through the qui tam action and direct or indirect enforcement of this Code section shall not be taken or threatened. However, the Code section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation, and that would remain prohibited by such other law or regulation in the absence of the Code section.
   Under new Code section 146F.8, a provider or user of an interactive computer service shall have absolute and nonwaivable immunity from liability or suit on account of an action taken to restrict access to or availability of information or material that assists or facilitates access to elective abortions or abortion-inducing drugs, whether or not such information or material is constitutionally protected; an action taken to enable or make available to information content providers or others the technical means to restrict access to information or material described in the Code section; or a denial of service to those who provide or aid or abet elective abortions, or those who manufacture, mail, distribute, transport, deliver, or provide abortion-inducing drugs. The state is not liable for expenses that a person incurs in bringing an action under the Code section.
   New Code section 146F.9 provides affirmative defenses for a defendant against whom an action is brought under new Code section 146F.6 (liability for wrongful death and personal injury —— abortion-inducing drugs), 146F.7 (qui tam enforcement for certain violations), or 146F.8 (qui tam enforcement —— interactive computer services). The defendant must prove the affirmative defense by a preponderance of the evidence. The Code section does not limit or preclude a defendant from asserting the unconstitutionality of any provision or application of state law as a defense or from asserting any other defense that might be available under any other source of law. A court shall not apply the law of another state or jurisdiction to any civil action brought under the specified Code sections, unless otherwise required by law.
   New Code section 146F.10 specifies the defenses that are not applicable to an action brought under Code section 146F.4 (liability for wrongful death and personal injury —— elective abortion), 146F.6, or 146F.7.
   New Code section 146F.11 includes venue provisions and provides that if an action is brought under new Code section 146F.6, 146F.7, or 146F.8, the action shall not be transferred to a different venue without the written consent of all parties.
   New Code section 146F.12 includes provisions relating to personal jurisdiction, choice of law, and class action lawsuits. The Code section provides that the courts of this state shall have personal jurisdiction over any defendant sued under Code section 146F.4, 146F.6, 146F.7, or 146F.8; Iowa law shall apply to these actions, and such civil actions shall not be litigated on behalf of a plaintiff class or a defendant class, and a court shall not certify a class in any civil action brought under these Code sections.
   New Code section 146F.13 provides protection from counter lawsuits by providing that when a lawsuit has been brought or a judgment entered against a person in any state or federal court in which the lawsuit or liability in whole or in part is based on that person’s decision or threat to bring an action under Code section 146F.6, 146F.7, or 146F.8, that person may recover damages from any party that brought the action, obtained the judgment, or sought to enforce the judgment. Recoverable damages include compensatory damages; court costs, expenses, and reasonable attorney fees incurred in bringing an action to recover the costs; and additional statutory damages in an amount of not less than $100,000.
   New Code section 146F.14 relates to government contractors and grant recipients and qui tam libability. The Code section provides that a person that enters into a contract with a governmental entity or a subcontract with a contractor of a governmental entity, or that receives any grant or funding from a governmental entity shall not pay for, reimburse, or subsidize in any way the costs associated with an elective abortion including by providing coverage of elective abortions as an employee benefit; paying for, reimbursing, or subsidizing the travel costs associated with obtaining an elective abortion, or covering those costs as an employee benefit; donating or lending money, digital currency, resources, or any other thing of value to an abortion provider, abortion fund, or an affiliate of an abortion provider, either directly or by laundering the donation or loan through an intermediary; offering, providing, or lending money, digital currency, resources, or any other thing of value with the knowledge that the thing of value will be used to pay for, offset, or reimburse the costs of an elective abortion or the costs associated with procuring an elective abortion; performing or providing any type of work or service for an abortion provider, abortion fund, or an affiliate of an abortion provider, regardless of whether such work or service is done on a paid, contract, or volunteer basis, except for the provision of basic public services in the same manner as the governmental entity or common carrier provides the services to the general public; paying, offering to pay, or providing insurance that covers legal expenses, court judgments, or settlements of those who violate the abortion laws of the United States, or the abortion laws of any state, local, or foreign jurisdiction; or engaging in any conduct that would constitute aiding and abetting an elective abortion. Additionally, a person shall not enter into the specified contracts or receive any grant or funding from a governmental entity, unless the person certifies in writing that the person complies with the requirements. A person who violates this Code section is subject to qui tam liability as provided in new Code section 146F.7.
   New Code section 146F.15 relates to internet service providers. The Code section provides that an internet service provider that provides service in the state shall make all reasonable and technologically feasible efforts to block access to child pornography as defined in federal law and information or material that is intended to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs. A person who becomes aware that information or material described is accessible through internet service provided by an entity that provides internet service in the state may notify that internet service provider and request that the internet service provider block access to the information or material through any means specified in the bill. While direct or indirect enforcement shall not be taken or threatened by a governmental entity or by any officer or employee of a governmental entity, the state, its political subdivisions, and officers and employees of the state and its political subdivisions may ask or encourage internet service providers to comply with the provisions of the Code section. An internet service provider shall have absolute and nonwaivable immunity from liability or suit on account of an action taken as described in the Code section. If a lawsuit is brought or a judgment entered against an internet service provider in any state or federal court based on the internet service provider’s compliance with the Code section, the internet service provider may recover costs related to the action as well as compensatory damages and statutory damages of not less than $100,000.
   New Code section 146F.16 relates to internet service in publicly owned buildings, public libraries, school district locations, and institutions of higher education relative to access to certain information. A publicly owned building in the state that provides internet service shall be equipped to operate a technology protection measure with respect to each of the computers with internet access in the publicly owned building that protects against access through those computers to child pornography as defined in federal law and information or material that is intended to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs, including through interactive computer services. A person who becomes aware that information or material described in the Code section is accessible through internet service provided by a government-owned building, public library, school district location, or location of an institution of higher education governed by the state board of regents may notify an authority with control over the building and request that the authority block access to that information or material. The authority may disable a technology protection measure that blocks the information specified under subsection 1 to enable access for bona fide research or other lawful purposes.
   New Code section 146F.17 relates to governmental entities and political subdivisions and prohibitions relating to elective abortion and taxpayer resource transactions. A political subdivision may enact and enforce ordinances regulating, restricting, or prohibiting elective abortion and conduct that aids or abets elective abortion. A provision of state law shall not be construed to limit a political subdivision from enacting or enforcing ordinances regulating, restricting, or prohibiting elective abortion and conduct that aids or abets elective abortion, unless it clearly and explicitly does so with specific reference to the Code section. The Code section also prohibits a governmental entity from entering into a taxpayer resource transaction with certain entities unless required to do so by federal law or as a condition of receiving federal funds. A person has standing to bring and may bring a qui tam action against any person that enacts, issues, enforces, or attempts to enforce any ordinance, order, rule, directive, requirement, or written or unwritten policy described in the Code section or that enters into a taxpayer resource transaction described in the Code section. An action under the Code section shall be brought in the name of the person and the state. A plaintiff who prevails in a qui tam action brought under the Code section shall recover and be granted declaratory and injunctive relief, nominal and compensatory damages if the plaintiff has suffered injury or harm from the defendant’s conduct, civil penalties in an amount of not less than $10,000 for each policy that violates the Code section and for each prohibited taxpayer resource transaction, and court costs and reasonable attorney fees. Sovereign immunity, governmental immunity, and official immunity are waived and abrogated in any lawsuit brought under the Code section and shall not be asserted as a defense. A person bringing an action under the Code section is entitled to receive 25 percent of the civil penalties recovered, with the remainder paid to the state. The state is not liable for expenses that a person incurs in bringing an action under the Code section.
   New Code section 146F.18 relates to persons qualified to perform services under the Medicaid program. The Code section provides that certain persons are not deemed persons qualified to perform the service or services as described in federal law under the Medicaid program. The state and its officers and employees have sovereign immunity in any lawsuit brought to restrain the state and its officers and employees from enforcing the Code section. An attorney representing the state, its political subdivisions, or any officer or employee of the state or a political subdivision shall not waive the immunity described in the Code section or take any action that would result in a waiver of that immunity, and any such action or purported waiver shall be a legal nullity and an ultra vires act.
   New Code section 146F.19 relates to the costs of lawsuits for injunctive or declaratory relief relating to restrictions on elective abortions. The bill provides that a person that seeks declaratory or injunctive relief to prevent certain persons from enforcing or bringing suit to enforce certain actions, is jointly and severally liable to pay the court costs and reasonable attorney fees of the prevailing party, including the court costs and reasonable attorney fees that the prevailing party incurs in the prevailing party’s efforts to recover such court costs and reasonable attorney fees. The Code section specifies what constitutes a prevailing party, limitations on the costs that may be recovered, allows for an action to recover the costs not later than three years from the date on which the dismissal or judgment becomes final on the conclusion of appellate review or from the time for seeking appellate review expires. The Code section provides the forum in which action may be brought and prohibits any contractual choice-of-forum provision.
   New Code section 146F.20 relates to immunity from suit and limits on state court jurisdiction. The state, its political subdivisions, an officer and employee of the state or a political subdivision shall have sovereign immunity, governmental immunity, and official immunity as described in the bill.
   Under new Code section 146F.20, any judicial relief issued by a court of this state that disregards the immunities conferred or the jurisdictional limitations specified shall be a legal nullity due to lack of jurisdiction, and shall not be enforced or obeyed by any officer or employee of this state or a political subdivision, judicial or otherwise. Any injunction, declaratory judgment, or writ issued by a court of this state that purports to restrain the state, its political subdivisions, an officer or employee of this state or a political subdivision, or any person from hearing, adjudicating, docketing, or filing a civil action brought under new Code section 146F.6, 146F.7, or 146F.8, shall be a legal nullity and a violation of the due process clause and shall not be enforced or obeyed by any officer or employee of this state or a political subdivision, judicial or otherwise. Any officer or employee of this state or a political subdivision, judicial or otherwise, who issues, enforces, or obeys an injunction, declaratory judgment, or writ described shall be subject to suit by any person who is prevented from or delayed in bringing a civil action, and a plaintiff who prevails in such an action shall be awarded and recover injunctive relief, compensatory damages, punitive damages of not less than $100,000, and court costs and reasonable attorney fees.
   New Code section 146F.20 provides that a person who violates the provisions relating to immunities conferred or the jurisdictional limitations specified is prohibited from asserting and being entitled to any type of immunity defense, being indemnified for any award of damages or court costs and reasonable attorney fees entered against the person or for the costs of the person’s legal defense, and receiving or obtaining legal representation from the attorney general in any action brought under the Code section. Any person who sues and seeks any injunction, declaratory judgment, or writ that would restrain any person from hearing, adjudicating, docketing, or filing a civil action brought under new Code section 146F.6, 146F.7, or 146F.8 shall pay the court costs and reasonable attorney fees of the person sued.
   New Code section 146F.21 relates to the application of the Code chapter to pregnant women by providing that the Code chapter shall not be construed to subject a pregnant woman or formerly pregnant woman on whom an elective abortion was performed or attempted to be performed to any civil or criminal action or any type of criminal or civil penalty or liability under the new Code chapter.
   The bill provides severability provisions.
   The bill takes effect upon enactment.