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House File 510 - IntroducedA Bill ForAn Act 1relating to the Iowa human life protection Act,
2providing for civil actions and civil penalties, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. FINDINGS.
21. The general assembly acknowledges that all human beings
3are created equal and endowed by their creator with certain
4unalienable rights, the foremost of which is the right to life.
52. The life of every human being begins at fertilization
6when a male sperm fuses with a female egg resulting in a
7single-celled human called a zygote. The union of the male
8and female deoxyribonucleic acid during fertilization restores
9the number of chromosomes needed to create a new human being.
10The Carnegie stages of human development, numbered one to
11twenty-three, is the accepted standard of embryological
12development used by biologists to describe the physical
13features of the human being, with the first stage marked by the
14moment of fertilization through sperm-egg fusion and the last
15stage at an estimated postfertilization age of eight weeks when
16over ninety percent of the more than four thousand five hundred
17named body structures are present.
183. The state of Iowa has a fundamental and compelling
19interest in protecting the life of every human being from the
20moment of fertilization.
214. Abortion is a murderous act of violence that purposefully
22and knowingly terminates a human life in the womb.
235. Unborn human beings are entitled to the full and equal
24protection of the laws that prohibit violence against other
25human beings.
266. The United States Supreme Court’s ruling in Dobbs v.
27Jackson Women’s Health Organization, No.19-1392, 597 U.S. ___
28(2022), correctly overruled the lawless and unconstitutional
29pronouncements in Roe v.Wade, 410 U.S. 113 (1973) and Planned
30Parenthood of Southeastern Pennsylvania v.Casey, 505 U.S.
31833 (1992), which had invented and perpetuated a supposed
32constitutional right to abortion that cannot be found anywhere
33in the text of the Constitution of the United States.
347. It is a federal crime pursuant to 18 U.S.C. §1461 to
35mail abortion pills or to receive them in the mail, punishable
-1-1by imprisonment for five years. It is also a federal crime
2to transport abortion pills in interstate or foreign commerce
3pursuant to 18 U.S.C. §1462(c). These statutes are fully
4enforceable now that Roe v.Wade, 410 U.S. 113 (1973), has been
5overruled. The statute of limitations for each of these crimes
6is five years.
78. Violations of 18 U.S.C. §1461 and §1462 are predicate
8offenses under the federal Racketeer Influenced and Corrupt
9Organizations Act (RICO), which exposes abortion pill
10distribution networks and their donors to civil RICO liability
11as well as criminal prosecution as a racketeering enterprise
12under 18 U.S.C. §1961.
139. The general assembly calls upon the United States
14attorneys for the northern and southern districts of Iowa to
15investigate and prosecute every abortion pill distribution
16network under 18 U.S.C. §1461 and §1462 and RICO.
17 Sec. 2. NEW SECTION. 146E.1 Short title.
18This chapter shall be known, and may be cited, as the “Iowa
19Human Life Protection Act”.
20 Sec. 3. NEW SECTION. 146E.2 Definitions.
21As used in this chapter, unless the context otherwise
22requires:
231. “Abortion fund” means a person that exists for the
24purpose of aiding or abetting elective abortions, and that pays
25for, reimburses, or subsidizes in any way the costs associated
26with obtaining an elective abortion.
272. “Abortion-inducing drug” means mifepristone, misoprostol,
28and any other medicine, drug, or other substance that is
29prescribed, dispensed, distributed, possessed, or used with the
30intent of terminating a clinically diagnosable pregnancy, with
31knowledge that the termination will with reasonable likelihood
32cause the death of the unborn child. “Abortion-inducing
33drug” includes the off-label use of drugs known to have
34abortion-inducing properties which are prescribed, dispensed,
35distributed, possessed, or used specifically with the
-2-1intent of terminating a clinically diagnosable pregnancy.
2“Abortion-inducing drug” does not include any of the following:
3a. Levenorgestrel, also known as plan b one-step or the
4morning-after pill, intrauterine devices, or any other type of
5contraception or emergency contraception.
6b. Drugs that may be known to cause an abortion, but which
7are prescribed, dispensed, distributed, possessed, or used for
8a purpose that does not include the termination of a clinically
9diagnosable pregnancy.
103. “Abortion provider” means a person who performs elective
11abortions.
124. “Affiliate” means a person that with another person
13enters into a legal relationship created or governed by at
14least one written instrument, including a certificate of
15formation, a franchise agreement, standards of affiliation,
16bylaws, or a license, that demonstrates any of the following:
17a. Common ownership, management, or control between the
18parties to the relationship.
19b. A franchise granted by the person or entity to the
20affiliate.
21c. The granting or extension of a license or other agreement
22authorizing the affiliate to use the other person’s brand name,
23trademark, service mark, or other registered identification
24mark.
255. “Aiding or abetting” or “aid or abet” means the same as
26defined in section 703.1.
276. “Attempt” or “attempts” relating to an elective abortion
28means an act, or an omission of a statutorily required act,
29that, under the circumstances as the actor believes them to be,
30constitutes a substantial step in a course of conduct planned
31to culminate in the performance of an elective abortion.
327. “Elective abortion” means the act of using, prescribing,
33administering, procuring, or selling any instrument, medicine,
34drug, or any other substance, device, or means with the purpose
35of terminating a clinically diagnosed pregnancy of a woman,
-3-1with knowledge that the termination by any of those means will,
2with reasonable likelihood, cause the death of an unborn child.
3“Elective abortion” does not include any of the following:
4a. In vitro fertilization or fertility treatments of any
5type.
6b. The use, prescription, administration, procuring, or
7selling of levenorgestrel, also known as plan b one-step or the
8morning-after pill, intrauterine devices, or any other type of
9contraception or emergency contraception.
10c. An act performed with the intent to do any of the
11following:
12(1) Save the life or preserve the health of an unborn child.
13(2) Remove a dead unborn child as the result of a
14spontaneous abortion, commonly known as a miscarriage.
15(3) Remove or treat an ectopic pregnancy.
16(4) Treat a physiological condition which the physician
17deems, in the physician’s reasonable medical judgment, to be a
18medical emergency.
19d. A spontaneous abortion, commonly known as a miscarriage.
20e. Medical treatment provided to a pregnant woman by a
21licensed physician if the intent of the medical treatment is
22not to cause an elective abortion, even if that treatment
23results in the accidental death of, or unintentional injury to
24or death of, the unborn child.
25f. A medically indicated separation procedure.
268. “Fertilization” means the fusion of a human spermatozoon
27with a human ovum.
289. “Governmental entity” means this state, a state agency
29in the executive, judicial, or legislative branch of state
30government of this state, or a political subdivision of this
31state.
3210. “Information content provider” means a person that
33is responsible, in whole or in part, for the creation or
34development of information provided through the internet or any
35other interactive computer service.
-4- 111. “Interactive computer service” means any information
2service, system, or access software provider that provides or
3enables computer access by multiple users to a computer server,
4including specifically a service or system that provides access
5to the internet and such systems operated or services offered
6by libraries or educational institutions.
712. “Major bodily function” includes but is not limited
8to functions of the immune system, normal cell growth, and
9digestive, bowel, bladder, neurological, brain, respiratory,
10circulatory, endocrine, and reproductive functions.
1113. “Medical emergency” means a situation in which a
12medically indicated separation procedure or treatment for
13a physiological condition is performed due to any of the
14following:
15a. To preserve the life of a pregnant woman whose life
16is endangered by a physical disorder, physical illness, or
17physical injury, or a life-endangering physical condition
18caused by or arising from the pregnancy including an ectopic
19pregnancy, but not including psychological conditions,
20emotional conditions, familial conditions, or the woman’s age.
21b. When continuation of the pregnancy will create a serious
22risk of substantial and irreversible impairment of a major
23bodily function of a pregnant woman.
2414. “Medically indicated separation procedure” means
25a medical intervention, the purpose of which is not to
26terminate a clinically diagnosed pregnancy of a woman, that is
27necessitated by a medical emergency. A “medically indicated
28separation procedure” is not an elective abortion.
2915. “Perform”, “performance”, “performed”, “performs”, or
30“performing”, relative to an elective abortion, means the use
31of any means, including surgical or abortion-inducing drugs,
32to terminate a clinically diagnosed pregnancy with the intent
33other than to produce a live birth or to remove a dead fetus.
3416. “Person” means the same as defined in section 4.1.
3517. “Policy” includes a formal, written rule, policy,
-5-1procedure, regulation, order, ordinance, motion, resolution, or
2amendment and an informal, unwritten policy.
318. “Political subdivision” means a city, county, township,
4or school district.
519. “Pregnant” means the human female reproductive condition
6of having a living unborn child within the human female’s
7uterus.
820. “Taxpayer resource transaction” means a sale, purchase,
9lease, donation of money, goods, services, or real property,
10or any other transaction between a governmental entity and a
11private entity that provides to the private entity something of
12value derived from state or local tax revenue, regardless of
13whether the governmental entity receives something of value in
14return. “Taxpayer resource transaction” includes advocacy or
15lobbying by or on behalf of a governmental entity on behalf of
16the interests of an abortion provider or affiliate but does not
17include any of the following:
18a. The provision of basic public services, including fire
19and police protection and utilities, by a governmental entity
20to an abortion fund, abortion provider, or an affiliate of an
21abortion provider in the same manner as the entity provides the
22services to the general public.
23b. An officer or employee of a governmental entity providing
24information to a member of the general assembly or appearing
25before a legislative committee at the request of the member or
26committee.
27c. An elected official advocating for or against or
28otherwise influencing or attempting to influence the outcome of
29legislation pending before the general assembly while acting in
30the capacity of an elected official.
31d. An individual communicating as a private citizen on a
32matter of public concern.
3321. “Unborn child” means an individual organism of the
34species homo sapiens from fertilization to live birth.
3522. “Woman” or “women” includes every person whose
-6-1biological sex is female, including every person born with XX
2chromosomes and a uterus, regardless of any gender identity
3that the person attempts to assert or claim.
4 Sec. 4. NEW SECTION. 146E.3 Elective abortion —
5prohibitions — exceptions — exclusive qui tam enforcement.
61. A person shall not knowingly use, employ, or administer
7any drug, instrument, device, means, or procedure upon a
8pregnant woman with the specific intent to cause an elective
9abortion.
102. A person shall not knowingly aid or abet the conduct
11described in subsection 1.
123. The prohibitions in this section shall apply if any
13portion of the prohibited conduct or elective abortion occurs
14in the state or within the jurisdiction of the state.
154. a. Notwithstanding any other law to the contrary, the
16requirements of this section shall be enforced exclusively
17through the qui tam actions described in sections 146E.7 and
18146E.8.
19b. Direct or indirect enforcement of this section shall not
20be taken or threatened by a governmental entity or an officer
21or employee of a governmental entity against a person by any
22means, and a violation of this section shall not be used to
23justify or trigger the enforcement of any other law or any type
24of adverse consequence under any other law, except as provided
25in sections 146E.7 and 146E.8.
26c. This section does not preclude or limit the enforcement
27of any other law or regulation against conduct that is
28independently prohibited by such other law or regulation and
29that would remain prohibited by such other law or regulation
30in the absence of this section.
315. Notwithstanding any other law to the contrary, the
32prohibitions in this section shall not apply to any of the
33following:
34a. Speech or conduct protected by the first amendment to the
35Constitution of the United States, as made applicable to the
-7-1states through the United States supreme court interpretations
2of the fourteenth amendment to the Constitution of the United
3States, or by Article I, section 7, of the Constitution of the
4State of Iowa.
5b. Conduct that the state is forbidden to regulate under
6federal law or the Constitution of the United States.
7c. The provision of basic public services, including fire
8and police protection and utilities, by a governmental entity
9or a common carrier to an abortion provider, an abortion fund,
10or an affiliate of an abortion provider or abortion fund in
11the same manner as the governmental entity or common carrier
12provides those services to the general public.
13d. Conduct taken at the behest of a federal agency,
14contractor, or employee that is carrying out duties under
15federal law, if a prohibition on that conduct would violate the
16doctrine of preemption or intergovernmental immunity.
17 Sec. 5. NEW SECTION. 146E.4 Liability for wrongful death
18and personal injuries — elective abortion.
191. Notwithstanding any other law to the contrary, a person
20who violates section 146E.3 shall be subject to all of the
21following:
22a. Joint and several liability for the wrongful death of an
23unborn child who dies from the elective abortion.
24b. Strict, and joint and several liability for all of the
25following:
26(1) The wrongful death of a pregnant woman or formerly
27pregnant woman who dies from the elective abortion.
28(2) Any personal injuries suffered by an unborn child or
29pregnant woman or formerly pregnant woman from the elective
30abortion.
312. Notwithstanding any other law to the contrary, including
32section 633.336, a surviving parent of an unborn child who was
33aborted in violation of section 146E.3 may maintain an action
34for wrongful death against a person who knowingly violated
35section 146E.3 resulting in the wrongful death of the unborn
-8-1child.
23. A lawsuit shall not be brought under subsection 1 against
3or by any of the following:
4a. Against a pregnant woman or formerly pregnant woman
5who aborted or attempted to abort the pregnant woman’s unborn
6child.
7b. Against a person that acted at the behest of a federal
8agency, contractor, or employee that is carrying out duties
9under federal law, if the imposition of liability would violate
10the doctrine of preemption or intergovernmental immunity.
11c. By a person who through an act of sexual assault or
12incest impregnated the pregnant woman or formerly pregnant
13woman.
14d. Against a provider or user of an interactive computer
15service if such a lawsuit would be preempted by 47 U.S.C.
16§230(c).
174. A plaintiff who prevails in a personal injury or wrongful
18death lawsuit under this section is entitled to recover all of
19the following:
20a. Compensatory damages, including but not limited to
21damages for medical expenses, pain and suffering, and emotional
22distress.
23b. Court costs and reasonable attorney fees.
24c. Punitive damages of not less than one hundred thousand
25dollars.
265. Notwithstanding any other law to the contrary, if a
27plaintiff who brings suit under this section in response to
28a drug-induced abortion is unable to identify the specific
29manufacturer of the abortion-inducing drug that caused the
30death or injury, liability shall be apportioned among all
31manufacturers of abortion-inducing drugs in proportion to each
32manufacturer’s share of the market for abortion-inducing drugs.
336. Notwithstanding any other law to the contrary, a person
34may bring an action under this section no later than six years
35from the date the cause of action accrues.
-9- 17. Any waiver or purported waiver of the right to sue under
2this section shall be void as against public policy and shall
3not be enforceable in any court.
48. This section shall not be construed to impose liability
5on speech or conduct protected by the first amendment to the
6Constitution of the United States, as made applicable to the
7states through the United States supreme court interpretations
8of the fourteenth amendment to the Constitution of the United
9States, or by Article I, section 7, of the Constitution of the
10State of Iowa.
11 Sec. 6. NEW SECTION. 146E.5 Abortion-inducing drugs —
12prohibitions — qui tam enforcement.
131. Except as provided in subsection 2, it shall be unlawful
14for a person to do any of the following:
15a. Manufacture, possess, or distribute abortion-inducing
16drugs in the state.
17b. Mail, transport, deliver, or provide abortion-inducing
18drugs in any manner to or from a person or location in the
19state.
20c. Engage in any conduct that constitutes aiding and
21abetting the manufacture, possession, distribution, mailing,
22transporting, delivery, or provision of abortion-inducing
23drugs.
242. Notwithstanding any other law to the contrary,
25subsection 1 does not prohibit any of the following:
26a. Speech or conduct protected by the first amendment to the
27Constitution of the United States, as made applicable to the
28states through the United States supreme court interpretations
29of the fourteenth amendment to the Constitution of the United
30States, or by Article I, section 7, of the Constitution of the
31State of Iowa.
32b. Conduct that the state is forbidden to regulate under
33federal law or the Constitution of the United States.
34c. Conduct taken at the behest of a federal agency,
35contractor, or employee that is carrying out duties under
-10-1federal law, if a prohibition on that conduct would violate the
2doctrine of preemption or intergovernmental immunity.
3d. Conduct taken by a pregnant woman or formerly pregnant
4woman who aborts or seeks to abort the woman’s unborn child.
5e. The manufacture, possession, distribution, mailing,
6transporting, delivery, or provision of abortion-inducing drugs
7for a purpose that does not include termination of a pregnancy.
8f. The possession of abortion-inducing drugs related to an
9effort to entrap a person that violates this section.
10g. Any of the conduct described in section 146E.8,
11subsection 1.
123. a. Notwithstanding any other law to the contrary, the
13requirements of this section shall be enforced exclusively
14through the qui tam actions described in sections 146E.7 and
15146E.8.
16b. Direct or indirect enforcement of this section shall not
17be taken or threatened by a governmental entity or an officer
18or employee of a governmental entity against a person, by any
19means, and violation of this section shall not be used to
20justify or trigger the enforcement of any other law or any type
21of adverse consequence under any other law, except as provided
22in sections 146E.7 and 146E.8.
23c. This section does not preclude or limit the enforcement
24of any other law or regulation against conduct that is
25independently prohibited by such other law or regulation, and
26that would remain prohibited by such other law or regulation
27in the absence of this section.
28 Sec. 7. NEW SECTION. 146E.6 Liability for wrongful death
29and personal injuries — abortion-inducing drugs.
301. Notwithstanding any other law to the contrary, a person
31who manufactures, mails, distributes, transports, delivers,
32or provides abortion-inducing drugs; or who aids or abets the
33manufacture, mailing, distribution, transportation, delivery,
34or provision of abortion-inducing drugs shall be strictly,
35and jointly and severally liable for the wrongful death of
-11-1an unborn child or pregnant woman who dies from the use of
2abortion-inducing drugs, and for any personal injuries suffered
3by an unborn child or pregnant woman or formerly pregnant woman
4from the use of abortion-inducing drugs.
52. Notwithstanding any other law to the contrary, including
6section 633.336, the surviving parents of an unborn child
7who was aborted in violation of section 146E.3 may maintain
8an action for wrongful death against a person who knowingly
9violated section 146E.3 resulting in the wrongful death of the
10unborn child.
113. A lawsuit shall not be brought under subsection 1 against
12or by any of the following:
13a. Against a pregnant woman or formerly pregnant woman who
14used or sought to obtain abortion-inducing drugs to abort or
15attempt to abort her unborn child.
16b. Against a person that acted at the behest of a federal
17agency, contractor, or employee that is carrying out duties
18under federal law, if the imposition of liability would violate
19the doctrine of preemption or intergovernmental immunity.
20c. By a person who, through an act of sexual assault or
21incest, impregnated the woman who used abortion-inducing drugs.
22d. Against a provider or user of an interactive computer
23service if such a lawsuit would be preempted by 47 U.S.C.
24§230(c).
254. A plaintiff who prevails in a personal injury or wrongful
26death lawsuit under this section is entitled to recover all of
27the following:
28a. Compensatory damages, including but not limited to
29damages for medical expenses, pain and suffering, and emotional
30distress.
31b. Court costs and reasonable attorney fees.
32c. Punitive damages of not less than one hundred thousand
33dollars.
345. Notwithstanding any other law to the contrary, if a
35plaintiff who brings suit under this section in response to
-12-1a drug-induced abortion is unable to identify the specific
2manufacturer of the abortion-inducing drug that caused the
3death or injury, liability shall be apportioned among all
4manufacturers of abortion-inducing drugs in proportion to each
5manufacturer’s share of the market for abortion-inducing drugs.
66. Notwithstanding any other law to the contrary, a person
7may bring an action under this section no later than six years
8from the date the cause of action accrues.
97. Any waiver or purported waiver of the right to sue under
10this section shall be void as against public policy and shall
11not be enforceable in any court.
128. a. It is an affirmative defense if a person sued under
13this section was unaware that the person was engaged in the
14conduct described in this section, and took every reasonable
15precaution to ensure that the person would not manufacture,
16mail, distribute, transport, deliver, provide, or aid or
17abet the manufacture, mailing, distribution, transportation,
18delivery, or provision of abortion-inducing drugs.
19b. The defendant has the burden of proving an affirmative
20defense under this subsection by a preponderance of the
21evidence.
229. This section shall not be construed to impose liability
23on speech or conduct protected by the first amendment to the
24Constitution of the United States, as made applicable to the
25states through the United States supreme court interpretations
26of the fourteenth amendment to the Constitution of the United
27States, or by Article I, section 7, of the Constitution of the
28State of Iowa.
29 Sec. 8. NEW SECTION. 146E.7 Qui tam enforcement for certain
30violations.
311. A person, other than a governmental entity or an officer
32or employee of a governmental entity, has standing to bring and
33may bring a qui tam action against a person that meets any of
34the following conditions:
35a. Violates any provision of section 146E.3, 146E.5, or
-13-1146E.14.
2b. Intends to violate any provision of section 146E.3,
3146E.5, or 146E.14.
42. Notwithstanding any other law to the contrary, an action
5shall not be brought under this section against or by any of
6the following:
7a. Against the pregnant woman or formerly pregnant woman
8upon whom an elective abortion was performed or induced or
9attempted to be performed or induced in violation of this
10chapter, or against a pregnant woman who intends to seek or who
11seeks an elective abortion in violation of this chapter.
12b. Against a person that performs, aids or abets, or
13attempts to perform or aid or abet an elective abortion at
14the behest of a federal agency, contractor, or employee that
15is carrying out duties under federal law, if a prohibition on
16elective abortion would violate the doctrine of preemption or
17intergovernmental immunity.
18c. Against a common carrier that transports a pregnant woman
19to an abortion provider, if the common carrier is unaware that
20the pregnant woman intends to abort the pregnant woman’s unborn
21child.
22d. Against a provider or user of an interactive computer
23service if such a lawsuit would be preempted by 47 U.S.C.
24§230(c).
25e. By a person who, through an act of sexual assault
26or incest, impregnated a woman who is seeking an elective
27abortion, or a person who acts in concert or participation with
28the person who impregnated the woman.
293. An action under this section shall be brought in the name
30of the person and of the state.
314. If a plaintiff prevails in an action brought under this
32section, the court shall award all of the following:
33a. Injunctive relief sufficient to prevent the defendant
34from violating section 146E.3, 146E.5, or 146E.14.
35b. Nominal and compensatory damages if the plaintiff has
-14-1suffered injury or harm from the defendant’s conduct, including
2but not limited to loss of consortium and emotional distress.
3c. Civil penalties in an amount of not less than ten
4thousand dollars for each violation of section 146E.3, 146E.5,
5or 146E.14.
6d. Court costs and reasonable attorney fees.
75. Notwithstanding subsection 4, a court shall not award
8relief under subsection 4, paragraph “c” or “d”, in response to
9a violation of subsection 1, paragraph “a”, if the defendant
10demonstrates that a court has already ordered the defendant
11to pay the full amount of civil penalties under subsection 4,
12paragraph “c”, in another action for that particular violation
13of section 146E.3, 146E.5, or 146E.14.
146. Notwithstanding any other law to the contrary, a person
15may bring an action under this section no later than six years
16from the date the cause of action accrues.
177. It is an affirmative defense if a person sued under this
18section was unaware that the person was engaged in conduct
19described in section 146E.3, 146E.5, or 146E.14 and took every
20reasonable precaution to ensure that the person would not
21violate section 146E.3, 146E.5, or 146E.14.
228. This section shall not be construed to impose liability
23on speech or conduct protected by the first amendment to the
24Constitution of the United States, as made applicable to the
25states through the United States supreme court interpretations
26of the fourteenth amendment to the Constitution of the United
27States, or by Article I, section 7, of the Constitution of the
28State of Iowa.
299. Notwithstanding any other law to the contrary, a court
30shall not award court costs or reasonable attorney fees to a
31defendant under this section.
3210. A person bringing an action under this section is
33entitled to receive twenty-five percent of the civil penalties
34recovered. The remainder of the recovered civil penalties
35shall be paid to the state.
-15- 111. The state is not liable for expenses that a person
2incurs in bringing an action under this section.
3 Sec. 9. NEW SECTION. 146E.8 Qui tam enforcement —
4interactive computer services.
51. A person, other than a governmental entity or an officer
6or employee of a governmental entity, has standing to bring and
7may bring a qui tam action against a person that meets any of
8the following conditions:
9a. Provides or maintains an interactive computer service
10that allows Iowa residents to access information or material
11that assists or facilitates efforts to obtain elective
12abortions or abortion-inducing drugs.
13b. Provides or maintains a platform for downloading any
14application or software for use on a computer or electronic
15device that is designed to assist or facilitate efforts to
16obtain elective abortions or abortion-inducing drugs.
17c. Provides or maintains a platform that allows or enables
18those who provide or aid or abet elective abortions, or those
19who manufacture, mail, distribute, transport, deliver, or
20provide abortion-inducing drugs, to collect money, digital
21currency, resources, or any other thing of value in exchange
22for such services.
232. An action under this section shall be brought in the name
24of the person and the state.
253. Except as provided in subsection 4, if a plaintiff
26prevails in an action brought under this section, the court
27shall award only declaratory and injunctive relief. A court
28shall not award damages in an action brought under this
29section, even if the plaintiff demonstrates harm from the
30defendant’s conduct, nor shall a court award a prevailing
31plaintiff court costs or reasonable attorney fees.
324. Relief shall not be awarded under subsection 3 if the
33civil action was brought in response to any of the following:
34a. The exercise of state or federal constitutional rights
35that belong personally to the defendant.
-16- 1b. Conduct taken at the behest of a federal agency,
2contractor, or employee that is carrying out duties under
3federal law, if the relief authorized under subsection 3
4would violate the doctrine of preemption or intergovernmental
5immunity.
6c. Conduct taken by a pregnant woman or formerly pregnant
7woman who aborted or attempted to abort such woman’s unborn
8child, if such woman is the named defendant in the civil
9action.
105. a. It is an affirmative defense if a person who sued
11under this section meets all of the following conditions:
12(1) Was unaware that the person’s interactive computer
13service or platform was being used to assist or facilitate
14efforts to obtain elective abortions or abortion-inducing
15drugs.
16(2) Upon discovering that the person’s interactive computer
17service or platform was being used to assist or facilitate
18efforts to obtain elective abortions or abortion-inducing
19drugs, the person took prompt action to block access to any
20information, material, application, or software that assists
21or facilitates efforts to obtain elective abortions or
22abortion-inducing drugs; and to block those who provide or aid
23or abet elective abortions and those who manufacture, mail,
24distribute, transport, deliver, or provide abortion-inducing
25drugs, from collecting money, digital currency, resources, or
26any other thing of value in exchange for such services through
27its interactive computer service or platform.
28b. The defendant has the burden of proving an affirmative
29defense under this subsection by a preponderance of the
30evidence.
316. A person who engages in the conduct described under
32subsection 1 shall not be subject to any of the following:
33a. Held vicariously liable for any nominal, statutory, or
34compensatory damages incurred by another information content
35provider.
-17- 1b. Held liable or legally responsible for the conduct of
2a publisher or speaker of any information provided by another
3information content provider.
4c. Treated as the speaker or publisher of any information
5provided by another information content provider under any
6provision of state law.
77. a. Notwithstanding any other law to the contrary, the
8requirements of this section shall be enforced exclusively
9through the qui tam actions described in subsection 1.
10b. Direct or indirect enforcement of this section shall
11not be taken or threatened by a governmental entity or an
12officer or employee of a governmental entity by any means,
13and a violation of this section shall not be used to justify
14or trigger the enforcement of any other law or any type of
15adverse consequence under any other law, except as provided in
16subsections 1, 2, and 3.
17c. This section does not preclude or limit the enforcement
18of any other law or regulation against conduct that is
19independently prohibited by such other law or regulation, and
20that would remain prohibited by such other law or regulation
21in the absence of this section.
228. Notwithstanding any other law to the contrary, a provider
23or user of an interactive computer service shall have absolute
24and nonwaivable immunity from liability or suit on account of
25any of the following:
26a. An action taken to restrict access to or availability of
27information or material that assists or facilitates access to
28elective abortions or abortion-inducing drugs, whether or not
29such information or material is constitutionally protected.
30b. An action taken to enable or make available to
31information content providers or others the technical means
32to restrict access to information or material described in
33paragraph “a”.
34c. A denial of service to those who provide or aid or abet
35elective abortions, or those who manufacture, mail, distribute,
-18-1transport, deliver, or provide abortion-inducing drugs.
29. The state is not liable for expenses that a person incurs
3in bringing an action under this section.
4 Sec. 10. NEW SECTION. 146E.9 Affirmative defenses.
51. a. A defendant against whom an action is brought under
6section 146E.6, 146E.7, or 146E.8 may assert an affirmative
7defense to liability under this section if any of the following
8conditions applies:
9(1) The imposition of civil liability on the defendant
10will violate federally protected rights, or state or federal
11constitutional rights, that belong to the defendant personally.
12(2) The defendant has standing to assert the rights
13of a third party under the tests for third-party standing
14established by the supreme court of the United States or the
15supreme court, and demonstrates that the imposition of civil
16liability on the defendant will violate federally protected
17rights or state or federal constitutional rights belonging to
18that third party.
19(3) The imposition of civil liability on the defendant will
20violate the Constitution of the State of Iowa.
21(4) The imposition of civil liability on the defendant would
22violate the limits on extraterritorial jurisdiction imposed by
23the Constitution of the United States or the Constitution of
24the State of Iowa.
25b. The defendant has the burden of proving the affirmative
26defense in subsection 1 by a preponderance of the evidence.
272. This section shall not limit or preclude a defendant
28from asserting the unconstitutionality of any provision or
29application of state law as a defense to liability under
30section 146E.6, 146E.7, or 146E.8, or from asserting any other
31defense that might be available under any other source of law.
323. Notwithstanding any other law, a court shall not apply
33the law of another state or jurisdiction to any civil action
34brought under section 146E.6, 146E.7, or 146E.8, unless
35otherwise required by law.
-19-1 Sec. 11. NEW SECTION. 146E.10 Defenses not applicable.
2Notwithstanding any law to the contrary, none of the
3following is a defense to an action brought under section
4146E.4, 146E.6, or 146E.7:
51. Ignorance or mistake of law.
62. A defendant’s belief that the requirements or provisions
7of this chapter are unconstitutional or were unconstitutional
8when the cause of action accrued.
93. A defendant’s reliance on any court decision that
10has been vacated, reversed, or overruled on appeal or by a
11subsequent court, even if that court decision had not been
12vacated, reversed, or overruled when the cause of action
13accrued.
144. A defendant’s reliance on any state or federal court
15decision that is not binding on the court in which the action
16has been brought.
175. A defendant’s reliance on any federal statute, agency
18rule or action, or treaty that has been repealed, superseded,
19or declared invalid or unconstitutional, even if that federal
20statute, agency rule or action, or treaty had not been
21repealed, superseded, or declared invalid or unconstitutional
22when the cause of action accrued.
236. Nonmutual issue preclusion or nonmutual claim
24preclusion.
257. The consent of the plaintiff or the pregnant woman
26or formerly pregnant woman, the consent of a parent of the
27pregnant woman or formerly pregnant woman if such woman was an
28unemancipated minor, or the consent of the legal guardian of
29the pregnant woman or formerly pregnant woman to the elective
30abortion.
318. Contributory or comparative negligence.
329. Assumption of risk.
3310. Any claim that the enforcement of this chapter or
34the imposition of civil liability against the defendant will
35violate the constitutional rights of third parties, except as
-20-1provided by section 146E.9, subsection 1.
2 Sec. 12. NEW SECTION. 146E.11 Venue.
31. Notwithstanding any other law to the contrary, including
4chapter 616, a civil action brought under section 146E.6,
5146E.7, or 146E.8 may be brought in any of the following:
6a. The county in which all or a substantial part of
7the events or omissions giving rise to the cause of action
8occurred.
9b. The county of residence for any one of the natural person
10defendants at the time the cause of action accrued.
11c. The county of the principal office in this state of any
12one of the defendants that is not a natural person.
13d. The county of residence for the plaintiff if the
14plaintiff is a natural person residing in the state.
152. If a civil action is brought under section 146E.6,
16146E.7, or 146E.8 in any venue described in subsection 1, the
17action shall not be transferred to a different venue without
18the written consent of all parties.
19 Sec. 13. NEW SECTION. 146E.12 Personal jurisdiction —
20choice of law — class action lawsuits.
211. Notwithstanding any other law to the contrary, including
22section 617.3, the courts of this state shall have personal
23jurisdiction over a defendant sued under section 146E.4,
24146E.6, 146E.7, or 146E.8.
252. Notwithstanding any other law to the contrary, Iowa law
26shall apply to any civil action brought under section 146E.4,
27146E.6, 146E.7, or 146E.8.
283. Notwithstanding any other law to the contrary, including
29rule of civil procedure 1.262, a civil action under this
30section shall not be litigated on behalf of a plaintiff class
31or a defendant class, and a court shall not certify a class
32under rule of civil procedure 1.262 in any civil action brought
33under section 146E.4, 146E.6, 146E.7, or 146E.8.
34 Sec. 14. NEW SECTION. 146E.13 Protection from counter
35lawsuits.
-21- 1If a lawsuit is brought or a judgment entered against a
2person in any state or federal court, and the lawsuit or
3liability in whole or in part is based on that person’s
4decision or threat to bring an action under section 146E.6,
5146E.7, or 146E.8, that person may recover damages from a party
6that brought the action, obtained the judgment, or sought to
7enforce the judgment. Recoverable damages shall include all
8of the following:
91. Compensatory damages created by the lawsuit or judgment
10including but not limited to monetary damages in the amount
11of the judgment, and court costs, expenses, and reasonable
12attorney fees expended in defending the action.
132. Court costs, expenses, and reasonable attorney fees
14incurred in bringing an action under this section.
153. Additional statutory damages in an amount of not less
16than one hundred thousand dollars.
17 Sec. 15. NEW SECTION. 146E.14 Government contractors and
18grant recipients — qui tam liability.
191. A person that enters into a contract with a governmental
20entity or a subcontract with a contractor of a governmental
21entity, or that receives any grant or funding from a
22governmental entity shall not pay for, reimburse, or subsidize
23in any way the costs associated with an elective abortion,
24regardless of the person upon whom the elective abortion is
25performed, where the elective abortion is performed, or the
26law of the jurisdiction in which the elective abortion is
27performed, including by engaging in any of the following acts:
28a. Providing coverage of elective abortions as an employee
29benefit.
30b. Paying for, reimbursing, or subsidizing the travel costs
31associated with obtaining an elective abortion, or covering
32those costs as an employee benefit.
33c. Donating or lending money, digital currency, resources,
34or any other thing of value to an abortion provider, abortion
35fund, or an affiliate of an abortion provider, either directly
-22-1or by laundering the donation or loan through an intermediary.
2d. Offering, providing, or lending money, digital currency,
3resources, or any other thing of value with the knowledge
4that the thing of value will be used to pay for, offset, or
5reimburse the costs of an elective abortion or the costs
6associated with procuring an elective abortion.
7e. Performing or providing any type of work or service for
8an abortion provider, abortion fund, or an affiliate of an
9abortion provider, regardless of whether such work or service
10is done on a paid, contract, or volunteer basis, except for
11the provision of basic public services, including fire and
12police protection and utilities, by a governmental entity or a
13common carrier to an abortion provider, an abortion fund, or
14an affiliate of an abortion provider in the same manner as the
15governmental entity or common carrier provides the services to
16the general public.
17f. Paying, offering to pay, or providing insurance that
18covers legal expenses, court judgments, or settlements of those
19who violate the abortion laws of the United States, or the
20abortion laws of any state, local, or foreign jurisdiction.
21g. Engaging in any conduct that would constitute aiding and
22abetting an elective abortion, regardless of the person upon
23whom the elective abortion is performed, where the elective
24abortion is performed, or the law of the jurisdiction in which
25the elective abortion is performed.
262. A person shall not enter into a contract with a
27governmental entity, enter into a subcontract with a contractor
28of a governmental entity, or receive any grant or funding from
29a governmental entity, unless the person certifies in writing
30that the person complies with each of the requirements in
31subsection 1.
323. A person that violates subsection 1 after entering
33into a contract with a governmental entity, entering into a
34subcontract with a contractor of a governmental entity, or
35receiving any type of grant or funding from a governmental
-23-1entity, shall be subject to qui tam liability as provided in
2section 146E.7.
3 Sec. 16. NEW SECTION. 146E.15 Internet service providers —
4blocking access to certain information — immunity — recoverable
5damages resulting from lawsuit.
61. An internet service provider that provides service in the
7state shall make all reasonable and technologically feasible
8efforts to block access to all of the following:
9a. Child pornography as defined in 18 U.S.C. §2256(8).
10b. Information or material intended to assist or facilitate
11efforts to obtain elective abortions or abortion-inducing drugs
12including but not limited to the following:
13(1) An internet site, platform, or other interactive
14computer service operated by or on behalf of an abortion
15provider or abortion fund.
16(2) An internet site, platform, or other interactive
17computer service for downloading any application or software
18for use on a computer or electronic device that is designed to
19assist or facilitate efforts to obtain elective abortions or
20abortion-inducing drugs.
21(3) An internet site, platform, or other interactive
22computer service that allows or enables those who provide or
23aid or abet elective abortions, or those who manufacture, mail,
24distribute, transport, deliver, or provide abortion-inducing
25drugs, to collect money, digital currency, resources, or any
26other thing of value in exchange for such services.
272. A person who becomes aware that information or material
28described in subsection 1 is accessible through internet
29service provided by an entity that provides internet service
30in the state may notify that internet service provider and
31request that the internet service provider block access to the
32information or material. A person may provide notification by
33any of the following means:
34a. Calling the internet service provider’s customer support
35number and providing a precise description and location of the
-24-1information or material described in subsection 1.
2b. Mailing a letter to the internet service provider and
3providing a precise description and location of the information
4or material described in subsection 1.
53. Notwithstanding any other law to the contrary, direct
6or indirect enforcement of this section shall not be taken
7or threatened by a governmental entity, or by an officer or
8employee of a governmental entity, by any means. However,
9the state, its political subdivisions, and officers and
10employees of the state and its political subdivisions may ask
11or encourage internet service providers to comply with the
12provisions of this section.
134. Notwithstanding any other law to the contrary, an
14internet service provider shall have absolute and nonwaivable
15immunity from liability or suit on account of any of the
16following:
17a. An action taken to comply with the requirements of this
18section, or to restrict access to or availability of any of the
19information or material described in subsection 1.
20b. An action taken to enable or make available to
21information content providers or others the technical means
22to restrict access to information or material described in
23subsection 1.
24c. A denial of service to those who use or seek to use the
25internet to make available information or material described in
26subsection 1.
275. If a lawsuit is brought or a judgment entered against an
28internet service provider in any state or federal court, and
29the lawsuit or liability in whole or in part is based on the
30internet service provider’s compliance with the requirements of
31this section, the internet service provider may recover damages
32from a party that brought the action, obtained that judgment,
33or sought to enforce that judgment. Recoverable damages shall
34include all of the following:
35a. Compensatory damages created by the lawsuit or judgment,
-25-1including but not limited to monetary damages in the amount of
2the judgment, expenses, and reasonable attorney fees spent in
3defending the action.
4b. Court costs, expenses, and reasonable attorney fees
5incurred in bringing an action under this section.
6c. Additional statutory damages in an amount not less than
7one hundred thousand dollars.
8 Sec. 17. NEW SECTION. 146E.16 Internet service in publicly
9owned buildings — public libraries and school districts
10and institutions of higher education — access to certain
11information.
121. A publicly owned building in the state that provides
13internet service shall be equipped to operate a technology
14protection measure with respect to each of the computers with
15internet access in the publicly owned building that protects
16against access through those computers to all of the following:
17a. Child pornography as defined in 18 U.S.C. §2256(8).
18b. Information or material that is intended to assist
19or facilitate efforts to obtain elective abortions or
20abortion-inducing drugs, including but not limited to the
21following interactive computer services:
22(1) An internet site, platform, or other interactive
23computer service operated by or on behalf of an abortion
24provider or abortion fund.
25(2) An internet site, platform, or other interactive
26computer service for downloading any application or software
27for use on a computer or electronic device that is designed to
28assist or facilitate efforts to obtain elective abortions or
29abortion-inducing drugs.
30(3) An internet site, platform, or other interactive
31computer service that allows or enables those who provide or
32aid or abet elective abortions, or those who manufacture, mail,
33distribute, transport, deliver, or provide abortion-inducing
34drugs, to collect money, digital currency, resources, or any
35other thing of value in exchange for such services.
-26- 12. A person who becomes aware that information or material
2described in subsection 1 is accessible through internet
3service provided by a government-owned building, public
4library location, school district location, or location of an
5institution of higher education governed by the state board of
6regents in the state may notify an administrator, supervisor,
7or other authority with control over the building or location
8and request that the authority block access to that information
9or material.
103. An administrator, supervisor, or other authority
11may disable a technology protection measure that blocks the
12information specified under subsection 1 to enable access for
13bona fide research or other lawful purposes.
14 Sec. 18. NEW SECTION. 146E.17 Governmental entities and
15political subdivisions — prohibitions relating to elective
16abortion and taxpayer resource transactions — qui tam actions.
171. a. Notwithstanding any other law to the contrary,
18a political subdivision may enact and enforce ordinances
19regulating, restricting, or prohibiting elective abortion and
20conduct that aids or abets elective abortion.
21b. A provision of state law shall not be construed to limit
22a political subdivision from enacting or enforcing ordinances
23regulating, restricting, or prohibiting elective abortion and
24conduct that aids or abets elective abortion, unless it clearly
25and explicitly does so with specific reference to this section.
262. A governmental entity shall not enter into a taxpayer
27resource transaction with any of the following:
28a. An abortion fund.
29b. An abortion provider.
30c. An affiliate of an abortion provider.
31d. A person who pays for, reimburses, or subsidizes in any
32way the costs associated with an elective abortion, regardless
33of the person upon whom the elective abortion is performed,
34where the elective abortion is performed, and the law of the
35jurisdiction in which the elective abortion is performed,
-27-1unless required to do so by federal law or as a condition of
2receiving federal funds.
33. a. A person has standing to bring and may bring a qui
4tam action against a person that enacts, issues, enforces, or
5attempts to enforce any ordinance, order, rule, directive,
6requirement, or written or unwritten policy described
7in subsection 1, or that enters into a taxpayer resource
8transaction described in subsection 2. An action under this
9section shall be brought in the name of the person and the
10state.
11b. A plaintiff who prevails in a qui tam action brought
12under this section shall recover all of the following:
13(1) Declaratory and injunctive relief.
14(2) Nominal and compensatory damages if the plaintiff has
15suffered injury or harm from the defendant’s conduct.
16(3) Civil penalties in an amount of not less than ten
17thousand dollars for each ordinance, order, rule, directive,
18requirement, or written or unwritten policy that the defendant
19enacted, issued, enforced, or attempted to enforce in violation
20of subsection 1 and for each prohibited taxpayer resource
21transaction that the defendant entered into in violation of
22subsection 2.
23(4) Court costs and reasonable attorney fees.
244. Notwithstanding subsection 3, a court shall not award
25relief under subsection 3, paragraph “b”, subparagraph (3) or
26(4), if the defendant demonstrates that a court has already
27ordered the defendant to pay the full amount of civil penalties
28under subsection 3, paragraph “b”, subparagraph (3), in another
29action for that particular taxpayer resource transaction that
30the defendant entered in violation of subsection 2.
315. Sovereign immunity, governmental immunity, and official
32immunity are waived and abrogated in any lawsuit brought under
33subsection 3, and shall not be asserted as a defense in those
34proceedings.
356. A person bringing an action under this section is
-28-1entitled to receive twenty-five percent of the civil penalties
2recovered. The remainder of the recovered civil penalties
3shall be paid to the state.
47. The state is not liable for expenses that a person incurs
5in bringing an action under this section.
6 Sec. 19. NEW SECTION. 146E.18 Medicaid — persons qualified
7to perform services.
81. Notwithstanding any other law to the contrary, the
9following persons shall not be deemed persons qualified to
10perform the service or services required as described under 42
11U.S.C. §1396a(a)(23) under the Medicaid program:
12a. A person engaged in a pattern of racketeering activity as
13defined in 18 U.S.C. §§1961 and 1962, including racketeering
14activity that violates 18 U.S.C. §1461 and 18 U.S.C. §1462(c).
15b. A person that performs or participates in an elective
16abortion in violation of the laws of this state or in violation
17of the laws of another state.
18c. An abortion provider or affiliate of an abortion
19provider.
202. Notwithstanding any other law to the contrary, the state
21and its officers and employees shall have sovereign immunity in
22any lawsuit brought to restrain the state and its officers and
23employees from enforcing subsection 1.
243. Notwithstanding any other law to the contrary, an
25attorney representing the state, its political subdivisions, or
26an officer or employee of the state or a political subdivision
27shall not waive the immunity described in subsection 2 or take
28any action that would result in a waiver of that immunity, and
29any such action or purported waiver shall be a legal nullity
30and an ultra vires act.
31 Sec. 20. NEW SECTION. 146E.19 Costs of lawsuits for
32injunctive or declaratory relief relating to restrictions on
33elective abortions — payment to prevailing party.
341. Notwithstanding any other law to the contrary, a person
35that seeks declaratory or injunctive relief to prevent the
-29-1state, a political subdivision, an officer or employee of
2the state or a political subdivision, or a person in this
3state from enforcing or bringing suit to enforce any statute,
4ordinance, rule, regulation, or any other type of law that
5regulates or restricts elective abortion or that limits
6taxpayer funding for a person that performs or promotes
7elective abortion in any state or federal court, or that
8represents a litigant seeking relief in any state or federal
9court, is jointly and severally liable to pay the court costs
10and reasonable attorney fees of the prevailing party, including
11the court costs and reasonable attorney fees the prevailing
12party incurs in the prevailing party’s efforts to recover such
13court costs and reasonable attorney fees.
142. For purposes of this section, a party is considered a
15prevailing party if a state or federal court does any of the
16following:
17a. Dismisses any claim or cause of action brought against
18the party that seeks the declaratory or injunctive relief
19described in subsection 1, regardless of the reason for the
20dismissal.
21b. Enters a judgment in the party’s favor on any such claim
22or cause of action.
233. A prevailing party may recover court costs and reasonable
24attorney fees under this section only to the extent that those
25court costs and attorney fees were incurred while defending
26claims or causes of action on which the party prevailed.
274. Regardless of whether a prevailing party sought to
28recover court costs or reasonable attorney fees in the
29underlying action, a prevailing party under this section may
30bring a civil action to recover court costs and reasonable
31attorney fees against a person that sought declaratory or
32injunctive relief described in subsection 1 not later than
33three years from the date on which any of the following occurs,
34as applicable:
35a. The dismissal or judgment described in subsection 2
-30-1becomes final on the conclusion of appellate review.
2b. The time for seeking appellate review expires.
35. It is not a defense to an action brought under subsection
44 that any of the following applies:
5a. A prevailing party under this section failed to seek
6recovery of court costs or reasonable attorney fees in the
7underlying action.
8b. The court in the underlying action declined to recognize
9or enforce the requirements of this section.
10c. The court in the underlying action held that any
11provision of this section is invalid, unconstitutional, or
12preempted by federal law, notwithstanding the doctrines of
13issue or claim preclusion.
146. a. Notwithstanding any other law to the contrary,
15including chapter 616, a civil action brought under subsection
164 may be brought in any of the following:
17(1) The county in which all or a substantial part of
18the events or omissions giving rise to the cause of action
19occurred.
20(2) The county of residence for any one of the natural
21person defendants at the time the cause of action accrued.
22(3) The county of the principal office in this state of any
23one of the defendants that is not a natural person.
24(4) The county of residence for the plaintiff if the
25plaintiff is a natural person residing in this state.
26b. Any contractual choice-of-forum provision that purports
27to require a civil action under subsection 4 to be litigated
28in a forum other than as specified in paragraph “a” shall be
29void as against public policy, and shall not be enforced in any
30state or federal court.
317. If a civil action is brought under subsection 4 in
32any venue described in subsection 6, the action shall not be
33transferred to a different venue without the written consent
34of all parties.
35 Sec. 21. NEW SECTION. 146E.20 Immunity from suit and limits
-31-1on state court jurisdiction.
21. a. Notwithstanding any other law to the contrary, the
3state, its political subdivisions, or an officer or employee
4of this state or a political subdivision shall have sovereign
5immunity, governmental immunity, and official immunity, as
6applicable, in any action, claim, counterclaim, or any type
7of legal or equitable action that challenges the validity of
8any provision or application of this chapter on constitutional
9grounds or otherwise, or that seeks to prevent or enjoin the
10state, its political subdivisions, or an officer or employee
11of this state or a political subdivision from enforcing any
12provision or application of this chapter, or from hearing,
13adjudicating, or docketing a civil action brought under section
14146E.6, 146E.7, or 146E.8, unless that immunity has been
15abrogated or preempted by federal law.
16b. The sovereign immunity conferred by this section upon
17the state and each of its officers and employees includes
18the constitutional sovereign immunity which applies in both
19state and federal court and which may not be abrogated by the
20congress of the United States or by any state or federal court
21except pursuant to legislation authorized by section 5 of the
22fourteenth amendment to the Constitution of the United States.
232. Notwithstanding any other law to the contrary, the
24immunities conferred by subsection 1 shall apply in every
25court, both state and federal, and in every adjudicative
26proceeding of any type.
273. Notwithstanding any other law to the contrary, a
28provision of state law shall not be construed to waive or
29abrogate an immunity described in subsection 1 unless the
30provision expressly waives or abrogates immunity with specific
31reference to this section.
324. Notwithstanding any other law to the contrary, an
33attorney representing the state, its political subdivisions, or
34an officer or employee of this state or a political subdivision
35shall not waive an immunity described in subsection 1 or take
-32-1any action that would result in a waiver of that immunity, and
2any such action or purported waiver shall be a legal nullity
3and an ultra vires act.
45. Notwithstanding any other law to the contrary, including
5rule of civil procedure 1.1101, and sections 602.4102,
6602.5103, and 602.6101, a court of this state shall not award
7declaratory or injunctive relief or any type of writ that
8would pronounce any provision or application of this chapter
9invalid or unconstitutional, or that would restrain the state,
10its political subdivisions, an officer or employee of this
11state or a political subdivision, or a person from enforcing
12any provision or application of this chapter, or from hearing,
13adjudicating, docketing, or filing a civil action brought under
14section 146E.6, 146E.7, or 146E.8, and a court of this state
15shall not have jurisdiction to consider any action, claim, or
16counterclaim that seeks such relief.
176. Notwithstanding any other law to the contrary, any
18judicial relief issued by a court of this state that disregards
19the immunities conferred by subsection 1, or the jurisdictional
20limitations specified by subsection 5, shall be a legal nullity
21due to lack of jurisdiction, and shall not be enforced or
22obeyed by an officer or employee of this state or a political
23subdivision, judicial or otherwise.
247. Notwithstanding any other law to the contrary, any
25injunction, declaratory judgment, or writ issued by a court
26of this state that purports to restrain the state, its
27political subdivisions, an officer or employee of this state
28or a political subdivision, or any person from hearing,
29adjudicating, docketing, or filing a civil action brought under
30section 146E.6, 146E.7, or 146E.8, shall be a legal nullity
31and a violation of the due process clause of the fourteenth
32amendment of the Constitution of the United States, and shall
33not be enforced or obeyed by an officer or employee of this
34state or a political subdivision, judicial or otherwise.
358. Notwithstanding any other law to the contrary, an officer
-33-1or employee of this state or a political subdivision, judicial
2or otherwise, who issues, enforces, or obeys an injunction,
3declaratory judgment, or writ described in subsection 7 shall
4be subject to suit by a person who is prevented from or delayed
5in bringing a civil action under section 146E.6, 146E.7, or
6146E.8, and a plaintiff who prevails in an action brought under
7this section shall be awarded and recover all of the following:
8a. Injunctive relief.
9b. Compensatory damages.
10c. Punitive damages of not less than one hundred thousand
11dollars.
12d. Court costs and reasonable attorney fees.
139. Notwithstanding any other law to the contrary, a person
14who violates subsection 5 or 7 is prohibited from all of the
15following:
16a. Asserting and being entitled to any type of immunity
17defense, including sovereign immunity, governmental immunity,
18official immunity, or judicial immunity.
19b. Being indemnified for any award of damages, court costs,
20and reasonable attorney fees entered against the person, or for
21the costs of the person’s legal defense.
22c. Receiving or obtaining legal representation from the
23attorney general of this state in any action brought under
24subsection 8.
2510. Notwithstanding any other law to the contrary, a person
26who sues and seeks any injunction, declaratory judgment, or
27writ that would restrain a person from hearing, adjudicating,
28docketing, or filing a civil action brought under section
29146E.6, 146E.7, or 146E.8, shall pay the court costs and
30reasonable attorney fees of the person sued. A person may
31bring a civil action to recover the court costs and reasonable
32attorney fees in state or federal court. It shall not be a
33defense to a civil action brought under this subsection that
34any of the following applies:
35a. The plaintiff failed to seek recovery of court costs or
-34-1attorney fees in the underlying action.
2b. The court in the underlying action declined to recognize
3or enforce the requirements of this section.
4c. The court in the underlying action held any provision
5of this section invalid, unconstitutional, or preempted by
6federal law, notwithstanding the doctrines of issue or claim
7preclusion.
8 Sec. 22. NEW SECTION. 146E.21 Pregnant woman not subject to
9criminal or civil action, penalties, or liability.
10Notwithstanding any other law to the contrary, this chapter
11shall not be construed to subject a pregnant woman or formerly
12pregnant woman on whom an elective abortion was performed or
13attempted to be performed to any of the following:
141. Any civil or criminal action under this chapter.
152. Any type of criminal or civil penalty or liability under
16this chapter.
17 Sec. 23. SEVERABILITY.
181. If any provision of this Act or its application to
19any person or circumstance is held invalid, the invalidation
20does not affect other provisions or applications of this Act
21which can be given effect without the invalid provision or
22application, and to this end the provisions of this Act are
23severable.
242. A court shall not decline to enforce the severability
25requirements of this section on the ground that severance
26would rewrite the statute or involve a court in legislative or
27lawmaking activity.
28 Sec. 24. EFFECTIVE DATE. This Act, being deemed of
29immediate importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill creates the Iowa human life protection Act in new
34Code chapter 146E, and provides for civil actions and civil
35penalties. The bill includes findings relating to human life
-35-1and abortion.
2New Code section 146E.2 provides definitions used in the
3new Code chapter including “abortion fund”, “abortion-inducing
4drug”, “abortion provider”, “affiliate”, “aiding or abetting”,
5“attempt” or “attempts”, “elective abortion”, “fertilization”,
6“governmental entity”, “information content provider”,
7“interactive computer service”, “major bodily function”,
8“medical emergency”, “medically indicated separation
9procedure”, “perform”, “performance”, “performed”, “performs”,
10or “performing” relative to an elective abortion, “person”,
11“policy”, “political subdivision”, “pregnant”, “taxpayer
12resource transaction”, “unborn child”, and “woman” or “women”.
13New Code section 146E.3 prohibits a person from knowingly
14using, employing, or administering any drug, instrument,
15device, means, or procedure upon a pregnant woman with the
16specific intent to cause an elective abortion, or from aiding
17or abetting such conduct. The prohibition applies if any
18portion of the prohibited conduct or elective abortion occurs
19in the state or within the jurisdiction of the state.
20The requirements of new Code section 146E.3 shall be
21enforced exclusively through the qui tam actions described in
22the bill; direct or indirect enforcement shall not be taken
23or threatened; and a violation of the Code section shall not
24be used to justify or trigger the enforcement of any other
25law or any type of adverse consequence under any other law,
26except as provided in the provisions of the bill relating to
27qui tam actions. However, the Code section does not preclude
28or limit the enforcement of any other law or regulation against
29conduct that is independently prohibited by such other law or
30regulation and that would remain prohibited by such other law
31or regulation. The prohibition does not apply to speech or
32conduct protected by the first amendment to the Constitution of
33the United States; conduct the state is forbidden to regulate
34under federal law or the Constitution of the United States; the
35provision of basic public services by a governmental entity or
-36-1a common carrier to an abortion provider, an abortion fund, or
2an affiliate of an abortion provider or abortion fund in the
3same manner those services are provided to the general public;
4or conduct taken at the behest of a federal agency, contractor,
5or employee that is carrying out duties under federal law, if
6a prohibition on that conduct would violate the doctrine of
7preemption or intergovernmental immunity.
8New Code section 146E.4 provides for liability for wrongful
9death and personal injuries related to an elective abortion.
10The Code section provides that a person who violates new
11Code section 146E.3 shall be subject to joint and several
12liability for the wrongful death of an unborn child who dies
13from the elective abortion; and strict, and joint and several
14liability for the wrongful death of a pregnant woman or
15formerly pregnant woman who dies from the elective abortion and
16any personal injuries suffered by an unborn child or pregnant
17woman or formerly pregnant woman from the elective abortion.
18A surviving parent of an unborn child who was aborted in
19violation of the bill may maintain an action for wrongful death
20against a person who knowingly violated the bill resulting in
21the wrongful death of the unborn child.
22The bill prohibits a lawsuit under new Code section 146E.4
23against and by certain people including: against a pregnant
24woman or formerly pregnant woman who aborted or attempted to
25abort the pregnant woman’s unborn child; against a person
26that acted at the behest of a federal agency, contractor, or
27employee that is carrying out duties under federal law, if
28the imposition of liability would violate the doctrine of
29preemption or intergovernmental immunity; by a person who
30through an act of sexual assault or incest impregnated the
31pregnant woman or formerly pregnant woman; and against a
32provider or user of an interactive computer service if such
33a lawsuit would be preempted by federal law. A prevailing
34plaintiff is entitled to recover compensatory damages, court
35costs and reasonable attorney fees, and punitive damages of not
-37-1less than $100,000.
2Under new Code section 146E.4, if a plaintiff brings suit in
3response to a drug-induced abortion and is unable to identify
4the specific manufacturer of the abortion-inducing drug that
5caused the death or injury, liability is apportioned among all
6manufacturers of abortion-inducing drugs in proportion to each
7manufacturer’s share of the market for abortion-inducing drugs.
8A person may bring an action no later than six years from the
9date the cause of action accrues. Waiver of the right to sue is
10void as against public policy and shall not be enforceable in
11any court. The Code section shall not be construed to impose
12liability on constitutionally protected speech or conduct.
13New Code section 146E.5 relates to prohibitions related
14to abortion-inducing drugs and qui tam enforcement. The
15Code section provides that it is unlawful for a person
16to manufacture, possess, or distribute abortion-inducing
17drugs in the state; mail, transport, deliver, or provide
18abortion-inducing drugs in any manner to or from a person
19or location in the state; or engage in any conduct that
20constitutes aiding and abetting the manufacture, possession,
21distribution, mailing, transporting, delivery, or provision
22of abortion-inducing drugs. The bill does not prohibit
23constitutionally protected speech or conduct; conduct that
24the state is forbidden to regulate under federal law or the
25Constitution of the United States; conduct taken at the behest
26of a federal agency, contractor, or employee that is carrying
27out duties under federal law, if a prohibition on that conduct
28would violate the doctrine of preemption or intergovernmental
29immunity; conduct taken by a pregnant woman or formerly
30pregnant woman who aborts or seeks to abort the woman’s unborn
31child; the manufacture, possession, distribution, mailing,
32transporting, delivery, or provision of abortion-inducing drugs
33for a purpose that does not include termination of a pregnancy;
34the possession of abortion-inducing drugs related to an effort
35to entrap persons that violate the Code section; or any of the
-38-1conduct described under the section of the bill relating to
2interactive computer services.
3New Code section 146E.5 shall only be enforced as a qui
4tam action as provided under the bill and direct or indirect
5enforcement of the Code section shall not be taken or
6threatened. However, the Code section does not preclude or
7limit the enforcement of any other law or regulation against
8conduct that is independently prohibited by such other law or
9regulation, and that would remain prohibited by such other law
10or regulation.
11New Code section 146E.6 relates to liability for wrongful
12death and personal injuries related to the manufacture,
13mailing, distribution, transportation, delivery, or provision
14of abortion-inducing drugs. The Code section provides that
15a person who manufactures, mails, distributes, transports,
16delivers, or provides abortion-inducing drugs; or who aids or
17abets the manufacture, mailing, distribution, transportation,
18delivery, or provision of abortion-inducing drugs shall be
19strictly, and jointly and severally liable for the wrongful
20death of an unborn child or pregnant woman who dies from the
21use of abortion-inducing drugs, and for any personal injuries
22suffered by an unborn child or pregnant woman or formerly
23pregnant woman from the use of abortion-inducing drugs. The
24surviving parents of an unborn child who was aborted in
25violation of the Code section of the bill relating to elective
26abortion prohibitions may maintain an action for wrongful
27death against a person who knowingly violated the Code section
28resulting in the wrongful death of the unborn child.
29New Code section 146E.6 prohibits a lawsuit from being
30brought against a pregnant woman or formerly pregnant woman who
31used or sought to obtain abortion-inducing drugs to abort or
32attempt to abort her unborn child; against a person that acted
33at the behest of a federal agency, contractor, or employee that
34is carrying out duties under federal law, if the imposition
35of liability would violate the doctrine of preemption or
-39-1intergovernmental immunity; by a person who, through an act
2of sexual assault or incest, impregnated the woman who used
3abortion-inducing drugs; or against a provider or user of
4an interactive computer service if such a lawsuit would be
5preempted by federal law.
6A prevailing plaintiff under new Code section 146E.6 is
7entitled to recover compensatory damages, court costs and
8reasonable attorney fees, and punitive damages of not less
9than $100,000. If a plaintiff brings suit in response to a
10drug-induced abortion and is unable to identify the specific
11manufacturer of the abortion-inducing drug that caused the
12death or injury, liability shall be apportioned among all
13manufacturers of abortion-inducing drugs in proportion to
14each manufacturer’s share of the market for abortion-inducing
15drugs. A person may bring an action no later than six years
16from the date the cause of action accrues. Waiver of the
17right to sue is void as against public policy and shall not be
18enforceable in any court. It is an affirmative defense if a
19person sued under this Code section was unaware that the person
20was engaged in the conduct described in this Code section, and
21took every reasonable precaution to ensure that the person
22would not manufacture, mail, distribute, transport, deliver,
23provide, or aid or abet the manufacture, mailing, distribution,
24transportation, delivery, or provision of abortion-inducing
25drugs. The defendant has the burden of proving an affirmative
26defense by a preponderance of the evidence. The Code section
27shall not be construed to impose liability on constitutionally
28protected speech or conduct.
29New Code section 146E.7 provides for qui tam enforcement
30for certain violations under the bill. A person, other than a
31governmental entity or an officer or employee of a governmental
32entity, has standing to bring and may bring a qui tam action
33against any person that violates any provision of new Code
34section 146E.3 (elective abortion prohibitions), 146E.4
35(abortion-inducing drugs prohibitions), or 146E.14 (government
-40-1contractors and grant recipients); or any person who intends
2to violate any provision of those Code sections. A civil
3action shall not be brought under the Code section against
4the pregnant woman or formerly pregnant woman upon whom an
5elective abortion was performed or induced or attempted to be
6performed or induced or against a pregnant woman who intends
7or who seeks an elective abortion in violation of the new Code
8chapter; against any person that performs, aids or abets, or
9attempts to perform or aid or abet an elective abortion at
10the behest of a federal agency, contractor, or employee that
11is carrying out duties under federal law, if a prohibition on
12that elective abortion would violate the doctrine of preemption
13or intergovernmental immunity; against a common carrier that
14transports a pregnant woman to an abortion provider, if the
15common carrier is unaware that the pregnant woman intends to
16abort the pregnant woman’s unborn child; against a provider
17or user of an interactive computer service if such a lawsuit
18would be preempted by federal law; or by a person who, through
19an act of sexual assault or incest, impregnated a woman who is
20seeking an elective abortion or a person who acts in concert
21or participation with the person who impregnated the woman.
22An action shall be brought in the name of the person and of
23the state. A plaintiff who prevails in an action under this
24Code section shall be awarded injunctive relief, nominal and
25compensatory damages if the plaintiff has suffered injury or
26harm from the defendant’s conduct, civil penalties of not
27less than $10,000 for each violation, and court costs and
28reasonable attorney fees. A person may bring an action no
29later than six years from the date the cause of action accrues.
30It is an affirmative defense if a person sued was unaware
31that the person was engaged in the specified conduct and took
32every reasonable precaution to ensure that the person would
33not be in violation of the specified provisions of the bill.
34The Code section shall not be construed to impose liability
35on constitutionally protected speech or conduct. A court
-41-1shall not award court costs or reasonable attorney fees to a
2defendant. A person bringing an action is entitled to receive
325 percent of the civil penalties recovered, with the remaining
4civil penalties paid to the state. The state is not liable for
5expenses that a person incurs in bringing an action.
6New Code section 146E.8 provides for qui tam enforcement
7for violations relating to interactive computer services. The
8Code section provides that a person, other than a governmental
9entity or an officer or employee of a governmental entity,
10has standing to bring and may bring a qui tam action against
11a person that provides or maintains an interactive computer
12service that allows Iowa residents to access information or
13material that assists or facilitates efforts to obtain elective
14abortions or abortion-inducing drugs; provides or maintains
15a platform for downloading any application or software for
16use on a computer or electronic device that is designed to
17assist or facilitate efforts to obtain elective abortions or
18abortion-inducing drugs; or provides or maintains a platform
19that allows or enables those who provide or aid or abet
20elective abortions, or those who manufacture, mail, distribute,
21transport, deliver, or provide abortion-inducing drugs, to
22collect money, digital currency, resources, or any other thing
23of value in exchange for such services.
24An action under new Code section 146E.8 shall be brought in
25the name of the person and the state. A prevailing plaintiff
26shall only be awarded declaratory and injunctive relief, not
27damages. Relief shall not be awarded if the action is brought
28in response to the exercise of state or federal constitutional
29rights that belong personally to the defendant; conduct taken
30at the behest of a federal agency, contractor, or employee
31that is carrying out duties under federal law, if the relief
32would violate the doctrine of preemption or intergovernmental
33immunity; or conduct taken by a pregnant woman or formerly
34pregnant woman who aborted or attempted to abort such woman’s
35unborn child, if such woman is the named defendant in the civil
-42-1action.
2Under new Code section 146E.8, it is an affirmative
3defense if a person who sued was unaware that the person’s
4interactive computer service or platform was being used to
5assist or facilitate efforts to obtain elective abortions
6or abortion-inducing drugs; and upon discovering that the
7person’s interactive computer service or platform was being
8used to assist or facilitate such efforts, the person took
9prompt action to block access to any information, material,
10application, or software and to block those who provide or aid
11or abet elective abortions and those who manufacture, mail,
12distribute, transport, deliver, or provide abortion-inducing
13drugs, from collecting money, digital currency, resources,
14or any other thing of value in exchange for such services
15through its interactive computer service or platform. The
16defendant has the burden of proving an affirmative defense by
17a preponderance of the evidence. A person who engages in the
18violative conduct shall not be held vicariously liable for
19any nominal, statutory, or compensatory damages incurred by
20another information content provider; held liable or legally
21responsible for the conduct of any publisher or speaker of any
22information provided by another information content provider;
23or treated as the speaker or publisher of any information
24provided by another information content provider under any
25provision of state law.
26New Code section 146E.8 shall be enforced exclusively
27through the qui tam action and direct or indirect enforcement
28of this Code section shall not be taken or threatened.
29However, the Code section does not preclude or limit the
30enforcement of any other law or regulation against conduct that
31is independently prohibited by such other law or regulation,
32and that would remain prohibited by such other law or
33regulation in the absence of the Code section.
34Under new Code section 146E.8, a provider or user of
35an interactive computer service shall have absolute and
-43-1nonwaivable immunity from liability or suit on account of
2an action taken to restrict access to or availability of
3information or material that assists or facilitates access to
4elective abortions or abortion-inducing drugs, whether or not
5such information or material is constitutionally protected; an
6action taken to enable or make available to information content
7providers or others the technical means to restrict access
8to information or material described in the Code section;
9or a denial of service to those who provide or aid or abet
10elective abortions, or those who manufacture, mail, distribute,
11transport, deliver, or provide abortion-inducing drugs. The
12state is not liable for expenses that a person incurs in
13bringing an action under the Code section.
14New Code section 146E.9 provides affirmative defenses for
15a defendant against whom an action is brought under new Code
16section 146E.6 (liability for wrongful death and personal
17injury — abortion-inducing drugs), 146E.7 (qui tam enforcement
18for certain violations), or 146E.8 (qui tam enforcement —
19interactive computer services). The defendant must prove
20the affirmative defense by a preponderance of the evidence.
21The Code section does not limit or preclude a defendant
22from asserting the unconstitutionality of any provision or
23application of state law as a defense or from asserting any
24other defense that might be available under any other source
25of law. A court shall not apply the law of another state or
26jurisdiction to any civil action brought under the specified
27Code sections, unless otherwise required by law.
28New Code section 146E.10 specifies the defenses that are
29not applicable to an action brought under Code section 146E.4
30(liability for wrongful death and personal injury — elective
31abortion), 146E.6, or 146E.7.
32New Code section 146E.11 includes venue provisions and
33provides that if an action is brought under new Code section
34146E.6, 146E.7, or 146E.8, the action shall not be transferred
35to a different venue without the written consent of all
-44-1parties.
2New Code section 146E.12 includes provisions relating
3to personal jurisdiction, choice of law, and class action
4lawsuits. The Code section provides that the courts of this
5state shall have personal jurisdiction over any defendant sued
6under Code section 146E.4, 146E.6, 146E.7, or 146E.8; Iowa law
7shall apply to these actions, and such civil actions shall not
8be litigated on behalf of a plaintiff class or a defendant
9class, and a court shall not certify a class in any civil
10action brought under these Code sections.
11New Code section 146E.13 provides protection from counter
12lawsuits by providing that when a lawsuit has been brought or a
13judgment entered against a person in any state or federal court
14in which the lawsuit or liability in whole or in part is based
15on that person’s decision or threat to bring an action under
16Code section 146E.6, 146E.7, or 146E.8, that person may recover
17damages from any party that brought the action, obtained the
18judgment, or sought to enforce the judgment. Recoverable
19damages include compensatory damages; court costs, expenses,
20and reasonable attorney fees incurred in bringing an action
21to recover the costs; and additional statutory damages in an
22amount of not less than $100,000.
23New Code section 146E.14 relates to government contractors
24and grant recipients and qui tam libability. The Code section
25provides that a person that enters into a contract with a
26governmental entity or a subcontract with a contractor of a
27governmental entity, or that receives any grant or funding
28from a governmental entity shall not pay for, reimburse, or
29subsidize in any way the costs associated with an elective
30abortion including by providing coverage of elective abortions
31as an employee benefit; paying for, reimbursing, or subsidizing
32the travel costs associated with obtaining an elective
33abortion, or covering those costs as an employee benefit;
34donating or lending money, digital currency, resources, or any
35other thing of value to an abortion provider, abortion fund,
-45-1or an affiliate of an abortion provider, either directly or
2by laundering the donation or loan through an intermediary;
3offering, providing, or lending money, digital currency,
4resources, or any other thing of value with the knowledge
5that the thing of value will be used to pay for, offset, or
6reimburse the costs of an elective abortion or the costs
7associated with procuring an elective abortion; performing or
8providing any type of work or service for an abortion provider,
9abortion fund, or an affiliate of an abortion provider,
10regardless of whether such work or service is done on a paid,
11contract, or volunteer basis, except for the provision of basic
12public services in the same manner as the governmental entity
13or common carrier provides the services to the general public;
14paying, offering to pay, or providing insurance that covers
15legal expenses, court judgments, or settlements of those who
16violate the abortion laws of the United States, or the abortion
17laws of any state, local, or foreign jurisdiction; or engaging
18in any conduct that would constitute aiding and abetting an
19elective abortion. Additionally, a person shall not enter into
20the specified contracts or receive any grant or funding from
21a governmental entity, unless the person certifies in writing
22that the person complies with the requirements. A person who
23violates this Code section is subject to qui tam liability as
24provided in new Code section 146E.7.
25New Code section 146E.15 relates to internet service
26providers. The Code section provides that an internet service
27provider that provides service in the state shall make all
28reasonable and technologically feasible efforts to block access
29to child pornography as defined in federal law and information
30or material that is intended to assist or facilitate efforts to
31obtain elective abortions or abortion-inducing drugs. A person
32who becomes aware that information or material described is
33accessible through internet service provided by an entity that
34provides internet service in the state may notify that internet
35service provider and request that the internet service provider
-46-1block access to the information or material through any means
2specified in the bill. While direct or indirect enforcement
3shall not be taken or threatened by a governmental entity or by
4any officer or employee of a governmental entity, the state,
5its political subdivisions, and officers and employees of the
6state and its political subdivisions may ask or encourage
7internet service providers to comply with the provisions of the
8Code section. An internet service provider shall have absolute
9and nonwaivable immunity from liability or suit on account of
10an action taken to comply with the requirements of the Code
11section, or to restrict access to or availability of any of
12the information or material described in the Code section; an
13action taken to enable or make available to information content
14providers or others the technical means to restrict access to
15information or material described in the Code section; or a
16denial of service to those who use or seek to use the internet
17to make available information or material described in the
18Code section. If a lawsuit is brought or a judgment entered
19against an internet service provider in any state or federal
20court based on the internet service provider’s compliance with
21the Code section, the internet service provider may recover
22costs related to the action as well as compensatory damages and
23statutory damages of not less than $100,000.
24New Code section 146E.16 relates to internet service in
25publicly owned buildings, public libraries, school district
26locations, and institutions of higher education relative to
27access to certain information. A publicly owned building in
28the state that provides internet service shall be equipped to
29operate a technology protection measure with respect to each
30of the computers with internet access in the publicly owned
31building that protects against access through those computers
32to child pornography as defined in federal law and information
33or material that is intended to assist or facilitate efforts
34to obtain elective abortions or abortion-inducing drugs,
35including through interactive computer services. A person who
-47-1becomes aware that information or material described in the
2Code section is accessible through internet service provided by
3a government-owned building, public library, school district
4location, or location of an institution of higher education
5governed by the state board of regents may notify an authority
6with control over the building and request that the authority
7block access to that information or material. The authority
8may disable a technology protection measure that blocks the
9information specified under subsection 1 to enable access for
10bona fide research or other lawful purposes.
11New Code section 146E.17 relates to governmental entities
12and political subdivisions and prohibitions relating to
13elective abortion and taxpayer resource transactions. A
14political subdivision may enact and enforce ordinances
15regulating, restricting, or prohibiting elective abortion and
16conduct that aids or abets elective abortion. A provision
17of state law shall not be construed to limit a political
18subdivision from enacting or enforcing ordinances regulating,
19restricting, or prohibiting elective abortion and conduct
20that aids or abets elective abortion, unless it clearly
21and explicitly does so with specific reference to the Code
22section. The Code section also prohibits a governmental
23entity from entering into a taxpayer resource transaction with
24an abortion fund, an abortion provider, an affiliate of an
25abortion provider, or a person who pays for, reimburses, or
26subsidizes in any way the costs associated with an elective
27abortion unless required to do so by federal law or as a
28condition of receiving federal funds. A person has standing
29to bring and may bring a qui tam action against any person
30that enacts, issues, enforces, or attempts to enforce any
31ordinance, order, rule, directive, requirement, or written or
32unwritten policy described in the Code section or that enters
33into a taxpayer resource transaction described in the Code
34section. An action under the Code section shall be brought
35in the name of the person and the state. A plaintiff who
-48-1prevails in a qui tam action brought under the Code section
2shall recover and be granted declaratory and injunctive relief,
3nominal and compensatory damages if the plaintiff has suffered
4injury or harm from the defendant’s conduct, civil penalties
5in an amount of not less than $10,000 for each policy that
6violates the Code section and for each prohibited taxpayer
7resource transaction, and court costs and reasonable attorney
8fees. Sovereign immunity, governmental immunity, and official
9immunity are waived and abrogated in any lawsuit brought under
10the Code section and shall not be asserted as a defense. A
11person bringing an action under the Code section is entitled
12to receive 25 percent of the civil penalties recovered, with
13the remainder paid to the state. The state is not liable for
14expenses that a person incurs in bringing an action under the
15Code section.
16New Code section 146E.18 relates to persons qualified to
17perform services under the Medicaid program. The Code section
18provides that a person engaged in a pattern of racketeering
19activity as defined in federal law, a person that performs
20or participates in an elective abortion in violation of Iowa
21law or the law of another state, and an abortion provider
22or affiliate of an abortion provider are not deemed persons
23qualified to perform the service or services as described in
24federal law under the Medicaid program. The state and its
25officers and employees have sovereign immunity in any lawsuit
26brought to restrain the state and its officers and employees
27from enforcing the Code section. An attorney representing the
28state, its political subdivisions, or any officer or employee
29of the state or a political subdivision shall not waive the
30immunity described in the Code section or take any action that
31would result in a waiver of that immunity, and any such action
32or purported waiver shall be a legal nullity and an ultra vires
33act.
34New Code section 146E.19 relates to the costs of lawsuits
35for injunctive or declaratory relief relating to restrictions
-49-1on elective abortions. The bill provides that a person that
2seeks declaratory or injunctive relief to prevent the state,
3a political subdivision, an officer or employee of the state
4or a political subdivision, or any person in this state
5from enforcing or bringing suit to enforce any type of law
6that regulates or restricts elective abortion or that limits
7taxpayer funding for a person that performs or promotes an
8elective abortion, in any state or federal court, or that
9represents any litigant seeking relief in any state or federal
10court, is jointly and severally liable to pay the court
11costs and reasonable attorney fees of the prevailing party,
12including the court costs and reasonable attorney fees that the
13prevailing party incurs in the prevailing party’s efforts to
14recover such court costs and reasonable attorney fees. The
15Code section specifies what constitutes a prevailing party,
16limitations on the costs that may be recovered, allows for an
17action to recover the costs not later than three years from the
18date on which the dismissal or judgment becomes final on the
19conclusion of appellate review or from the time for seeking
20appellate review expires. The Code section provides the forum
21in which action may be brought and prohibits any contractual
22choice-of-forum provision that purports to require a civil
23action to be litigated in a forum other than that specified
24shall be void as against public policy, and shall not be
25enforced in any state or federal court. If a civil action
26is brought under the Code section in any one of the venues
27described, the action shall not be transferred to a different
28venue without the written consent of all parties.
29New Code section 146E.20 relates to immunity from suit
30and limits on state court jurisdiction. The state, its
31political subdivisions, an officer and employee of the state
32or a political subdivision shall have sovereign immunity,
33governmental immunity, and official immunity, as applicable,
34in any action, claim, counterclaim, or any type of legal or
35equitable action that challenges the validity of any provision
-50-1or application of the new Code chapter, or that seeks to
2prevent or enjoin the state, its political subdivisions, or any
3officer or employee of this state or a political subdivision
4from enforcing any provision or application of the new Code
5chapter, or from hearing, adjudicating, or docketing a civil
6action brought under new Code sections 146E.6, 146E.7, or
7146E.8, unless that immunity has been abrogated or preempted
8by federal law. The immunities conferred shall apply in every
9court, both state and federal, and in every adjudicative
10proceeding of any type. State law shall not be construed to
11waive or abrogate an immunity described unless the provision in
12state law expressly waives or abrogates immunity with specific
13reference to the Code section. An attorney representing the
14state, its political subdivisions, or any officer or employee
15of the state or a political subdivision shall not waive an
16immunity described or take any action that would result in
17a waiver of that immunity, and any such action or purported
18waiver shall be a legal nullity and an ultra vires act. A court
19of this state shall not award declaratory or injunctive relief
20or any type of writ that would pronounce any provision or
21application of the Code chapter invalid or unconstitutional, or
22that would restrain the state, its political subdivisions, any
23officer or employee of this state or a political subdivision,
24or any person from enforcing any provision or application of
25the new Code chapter, or from hearing, adjudicating, docketing,
26or filing a civil action brought under new Code section 146E.6,
27146E.7, or 146E.8, and a court of this state shall not have
28jurisdiction to consider any action, claim, or counterclaim
29that seeks such relief.
30Under new Code section 146E.20, any judicial relief issued
31by a court of this state that disregards the immunities
32conferred or the jurisdictional limitations specified shall
33be a legal nullity due to lack of jurisdiction, and shall
34not be enforced or obeyed by any officer or employee of this
35state or a political subdivision, judicial or otherwise.
-51-1Any injunction, declaratory judgment, or writ issued by a
2court of this state that purports to restrain the state,
3its political subdivisions, an officer or employee of this
4state or a political subdivision, or any person from hearing,
5adjudicating, docketing, or filing a civil action brought under
6new Code section 146E.6, 146E.7, or 146E.8, shall be a legal
7nullity and a violation of the due process clause and shall not
8be enforced or obeyed by any officer or employee of this state
9or a political subdivision, judicial or otherwise. Any officer
10or employee of this state or a political subdivision, judicial
11or otherwise, who issues, enforces, or obeys an injunction,
12declaratory judgment, or writ described shall be subject to
13suit by any person who is prevented from or delayed in bringing
14a civil action, and a plaintiff who prevails in such an action
15shall be awarded and recover injunctive relief, compensatory
16damages, punitive damages of not less than $100,000, and court
17costs and reasonable attorney fees.
18New Code section 146E.20 provides that a person who
19violates the provisions relating to immunities conferred or
20the jurisdictional limitations specified is prohibited from
21asserting and being entitled to any type of immunity defense,
22being indemnified for any award of damages or court costs and
23reasonable attorney fees entered against the person or for
24the costs of the person’s legal defense, and receiving or
25obtaining legal representation from the attorney general in any
26action brought under the Code section. Any person who sues and
27seeks any injunction, declaratory judgment, or writ that would
28restrain any person from hearing, adjudicating, docketing, or
29filing a civil action brought under new Code section 146E.6,
30146E.7, or 146E.8 shall pay the court costs and reasonable
31attorney fees of the person sued.
32New Code section 146E.21 relates to the application of the
33Code chapter to pregnant women by providing that the Code
34chapter shall not be construed to subject a pregnant woman
35or formerly pregnant woman on whom an elective abortion was
-52-1performed or attempted to be performed to any civil or criminal
2action or any type of criminal or civil penalty or liability
3under the new Code chapter.
4The bill provides severability provisions.
5The bill takes effect upon enactment.
-53-pf/rh
2providing for civil actions and civil penalties, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. FINDINGS.
21. The general assembly acknowledges that all human beings
3are created equal and endowed by their creator with certain
4unalienable rights, the foremost of which is the right to life.
52. The life of every human being begins at fertilization
6when a male sperm fuses with a female egg resulting in a
7single-celled human called a zygote. The union of the male
8and female deoxyribonucleic acid during fertilization restores
9the number of chromosomes needed to create a new human being.
10The Carnegie stages of human development, numbered one to
11twenty-three, is the accepted standard of embryological
12development used by biologists to describe the physical
13features of the human being, with the first stage marked by the
14moment of fertilization through sperm-egg fusion and the last
15stage at an estimated postfertilization age of eight weeks when
16over ninety percent of the more than four thousand five hundred
17named body structures are present.
183. The state of Iowa has a fundamental and compelling
19interest in protecting the life of every human being from the
20moment of fertilization.
214. Abortion is a murderous act of violence that purposefully
22and knowingly terminates a human life in the womb.
235. Unborn human beings are entitled to the full and equal
24protection of the laws that prohibit violence against other
25human beings.
266. The United States Supreme Court’s ruling in Dobbs v.
27Jackson Women’s Health Organization, No.19-1392, 597 U.S. ___
28(2022), correctly overruled the lawless and unconstitutional
29pronouncements in Roe v.Wade, 410 U.S. 113 (1973) and Planned
30Parenthood of Southeastern Pennsylvania v.Casey, 505 U.S.
31833 (1992), which had invented and perpetuated a supposed
32constitutional right to abortion that cannot be found anywhere
33in the text of the Constitution of the United States.
347. It is a federal crime pursuant to 18 U.S.C. §1461 to
35mail abortion pills or to receive them in the mail, punishable
-1-1by imprisonment for five years. It is also a federal crime
2to transport abortion pills in interstate or foreign commerce
3pursuant to 18 U.S.C. §1462(c). These statutes are fully
4enforceable now that Roe v.Wade, 410 U.S. 113 (1973), has been
5overruled. The statute of limitations for each of these crimes
6is five years.
78. Violations of 18 U.S.C. §1461 and §1462 are predicate
8offenses under the federal Racketeer Influenced and Corrupt
9Organizations Act (RICO), which exposes abortion pill
10distribution networks and their donors to civil RICO liability
11as well as criminal prosecution as a racketeering enterprise
12under 18 U.S.C. §1961.
139. The general assembly calls upon the United States
14attorneys for the northern and southern districts of Iowa to
15investigate and prosecute every abortion pill distribution
16network under 18 U.S.C. §1461 and §1462 and RICO.
17 Sec. 2. NEW SECTION. 146E.1 Short title.
18This chapter shall be known, and may be cited, as the “Iowa
19Human Life Protection Act”.
20 Sec. 3. NEW SECTION. 146E.2 Definitions.
21As used in this chapter, unless the context otherwise
22requires:
231. “Abortion fund” means a person that exists for the
24purpose of aiding or abetting elective abortions, and that pays
25for, reimburses, or subsidizes in any way the costs associated
26with obtaining an elective abortion.
272. “Abortion-inducing drug” means mifepristone, misoprostol,
28and any other medicine, drug, or other substance that is
29prescribed, dispensed, distributed, possessed, or used with the
30intent of terminating a clinically diagnosable pregnancy, with
31knowledge that the termination will with reasonable likelihood
32cause the death of the unborn child. “Abortion-inducing
33drug” includes the off-label use of drugs known to have
34abortion-inducing properties which are prescribed, dispensed,
35distributed, possessed, or used specifically with the
-2-1intent of terminating a clinically diagnosable pregnancy.
2“Abortion-inducing drug” does not include any of the following:
3a. Levenorgestrel, also known as plan b one-step or the
4morning-after pill, intrauterine devices, or any other type of
5contraception or emergency contraception.
6b. Drugs that may be known to cause an abortion, but which
7are prescribed, dispensed, distributed, possessed, or used for
8a purpose that does not include the termination of a clinically
9diagnosable pregnancy.
103. “Abortion provider” means a person who performs elective
11abortions.
124. “Affiliate” means a person that with another person
13enters into a legal relationship created or governed by at
14least one written instrument, including a certificate of
15formation, a franchise agreement, standards of affiliation,
16bylaws, or a license, that demonstrates any of the following:
17a. Common ownership, management, or control between the
18parties to the relationship.
19b. A franchise granted by the person or entity to the
20affiliate.
21c. The granting or extension of a license or other agreement
22authorizing the affiliate to use the other person’s brand name,
23trademark, service mark, or other registered identification
24mark.
255. “Aiding or abetting” or “aid or abet” means the same as
26defined in section 703.1.
276. “Attempt” or “attempts” relating to an elective abortion
28means an act, or an omission of a statutorily required act,
29that, under the circumstances as the actor believes them to be,
30constitutes a substantial step in a course of conduct planned
31to culminate in the performance of an elective abortion.
327. “Elective abortion” means the act of using, prescribing,
33administering, procuring, or selling any instrument, medicine,
34drug, or any other substance, device, or means with the purpose
35of terminating a clinically diagnosed pregnancy of a woman,
-3-1with knowledge that the termination by any of those means will,
2with reasonable likelihood, cause the death of an unborn child.
3“Elective abortion” does not include any of the following:
4a. In vitro fertilization or fertility treatments of any
5type.
6b. The use, prescription, administration, procuring, or
7selling of levenorgestrel, also known as plan b one-step or the
8morning-after pill, intrauterine devices, or any other type of
9contraception or emergency contraception.
10c. An act performed with the intent to do any of the
11following:
12(1) Save the life or preserve the health of an unborn child.
13(2) Remove a dead unborn child as the result of a
14spontaneous abortion, commonly known as a miscarriage.
15(3) Remove or treat an ectopic pregnancy.
16(4) Treat a physiological condition which the physician
17deems, in the physician’s reasonable medical judgment, to be a
18medical emergency.
19d. A spontaneous abortion, commonly known as a miscarriage.
20e. Medical treatment provided to a pregnant woman by a
21licensed physician if the intent of the medical treatment is
22not to cause an elective abortion, even if that treatment
23results in the accidental death of, or unintentional injury to
24or death of, the unborn child.
25f. A medically indicated separation procedure.
268. “Fertilization” means the fusion of a human spermatozoon
27with a human ovum.
289. “Governmental entity” means this state, a state agency
29in the executive, judicial, or legislative branch of state
30government of this state, or a political subdivision of this
31state.
3210. “Information content provider” means a person that
33is responsible, in whole or in part, for the creation or
34development of information provided through the internet or any
35other interactive computer service.
-4- 111. “Interactive computer service” means any information
2service, system, or access software provider that provides or
3enables computer access by multiple users to a computer server,
4including specifically a service or system that provides access
5to the internet and such systems operated or services offered
6by libraries or educational institutions.
712. “Major bodily function” includes but is not limited
8to functions of the immune system, normal cell growth, and
9digestive, bowel, bladder, neurological, brain, respiratory,
10circulatory, endocrine, and reproductive functions.
1113. “Medical emergency” means a situation in which a
12medically indicated separation procedure or treatment for
13a physiological condition is performed due to any of the
14following:
15a. To preserve the life of a pregnant woman whose life
16is endangered by a physical disorder, physical illness, or
17physical injury, or a life-endangering physical condition
18caused by or arising from the pregnancy including an ectopic
19pregnancy, but not including psychological conditions,
20emotional conditions, familial conditions, or the woman’s age.
21b. When continuation of the pregnancy will create a serious
22risk of substantial and irreversible impairment of a major
23bodily function of a pregnant woman.
2414. “Medically indicated separation procedure” means
25a medical intervention, the purpose of which is not to
26terminate a clinically diagnosed pregnancy of a woman, that is
27necessitated by a medical emergency. A “medically indicated
28separation procedure” is not an elective abortion.
2915. “Perform”, “performance”, “performed”, “performs”, or
30“performing”, relative to an elective abortion, means the use
31of any means, including surgical or abortion-inducing drugs,
32to terminate a clinically diagnosed pregnancy with the intent
33other than to produce a live birth or to remove a dead fetus.
3416. “Person” means the same as defined in section 4.1.
3517. “Policy” includes a formal, written rule, policy,
-5-1procedure, regulation, order, ordinance, motion, resolution, or
2amendment and an informal, unwritten policy.
318. “Political subdivision” means a city, county, township,
4or school district.
519. “Pregnant” means the human female reproductive condition
6of having a living unborn child within the human female’s
7uterus.
820. “Taxpayer resource transaction” means a sale, purchase,
9lease, donation of money, goods, services, or real property,
10or any other transaction between a governmental entity and a
11private entity that provides to the private entity something of
12value derived from state or local tax revenue, regardless of
13whether the governmental entity receives something of value in
14return. “Taxpayer resource transaction” includes advocacy or
15lobbying by or on behalf of a governmental entity on behalf of
16the interests of an abortion provider or affiliate but does not
17include any of the following:
18a. The provision of basic public services, including fire
19and police protection and utilities, by a governmental entity
20to an abortion fund, abortion provider, or an affiliate of an
21abortion provider in the same manner as the entity provides the
22services to the general public.
23b. An officer or employee of a governmental entity providing
24information to a member of the general assembly or appearing
25before a legislative committee at the request of the member or
26committee.
27c. An elected official advocating for or against or
28otherwise influencing or attempting to influence the outcome of
29legislation pending before the general assembly while acting in
30the capacity of an elected official.
31d. An individual communicating as a private citizen on a
32matter of public concern.
3321. “Unborn child” means an individual organism of the
34species homo sapiens from fertilization to live birth.
3522. “Woman” or “women” includes every person whose
-6-1biological sex is female, including every person born with XX
2chromosomes and a uterus, regardless of any gender identity
3that the person attempts to assert or claim.
4 Sec. 4. NEW SECTION. 146E.3 Elective abortion —
5prohibitions — exceptions — exclusive qui tam enforcement.
61. A person shall not knowingly use, employ, or administer
7any drug, instrument, device, means, or procedure upon a
8pregnant woman with the specific intent to cause an elective
9abortion.
102. A person shall not knowingly aid or abet the conduct
11described in subsection 1.
123. The prohibitions in this section shall apply if any
13portion of the prohibited conduct or elective abortion occurs
14in the state or within the jurisdiction of the state.
154. a. Notwithstanding any other law to the contrary, the
16requirements of this section shall be enforced exclusively
17through the qui tam actions described in sections 146E.7 and
18146E.8.
19b. Direct or indirect enforcement of this section shall not
20be taken or threatened by a governmental entity or an officer
21or employee of a governmental entity against a person by any
22means, and a violation of this section shall not be used to
23justify or trigger the enforcement of any other law or any type
24of adverse consequence under any other law, except as provided
25in sections 146E.7 and 146E.8.
26c. This section does not preclude or limit the enforcement
27of any other law or regulation against conduct that is
28independently prohibited by such other law or regulation and
29that would remain prohibited by such other law or regulation
30in the absence of this section.
315. Notwithstanding any other law to the contrary, the
32prohibitions in this section shall not apply to any of the
33following:
34a. Speech or conduct protected by the first amendment to the
35Constitution of the United States, as made applicable to the
-7-1states through the United States supreme court interpretations
2of the fourteenth amendment to the Constitution of the United
3States, or by Article I, section 7, of the Constitution of the
4State of Iowa.
5b. Conduct that the state is forbidden to regulate under
6federal law or the Constitution of the United States.
7c. The provision of basic public services, including fire
8and police protection and utilities, by a governmental entity
9or a common carrier to an abortion provider, an abortion fund,
10or an affiliate of an abortion provider or abortion fund in
11the same manner as the governmental entity or common carrier
12provides those services to the general public.
13d. Conduct taken at the behest of a federal agency,
14contractor, or employee that is carrying out duties under
15federal law, if a prohibition on that conduct would violate the
16doctrine of preemption or intergovernmental immunity.
17 Sec. 5. NEW SECTION. 146E.4 Liability for wrongful death
18and personal injuries — elective abortion.
191. Notwithstanding any other law to the contrary, a person
20who violates section 146E.3 shall be subject to all of the
21following:
22a. Joint and several liability for the wrongful death of an
23unborn child who dies from the elective abortion.
24b. Strict, and joint and several liability for all of the
25following:
26(1) The wrongful death of a pregnant woman or formerly
27pregnant woman who dies from the elective abortion.
28(2) Any personal injuries suffered by an unborn child or
29pregnant woman or formerly pregnant woman from the elective
30abortion.
312. Notwithstanding any other law to the contrary, including
32section 633.336, a surviving parent of an unborn child who was
33aborted in violation of section 146E.3 may maintain an action
34for wrongful death against a person who knowingly violated
35section 146E.3 resulting in the wrongful death of the unborn
-8-1child.
23. A lawsuit shall not be brought under subsection 1 against
3or by any of the following:
4a. Against a pregnant woman or formerly pregnant woman
5who aborted or attempted to abort the pregnant woman’s unborn
6child.
7b. Against a person that acted at the behest of a federal
8agency, contractor, or employee that is carrying out duties
9under federal law, if the imposition of liability would violate
10the doctrine of preemption or intergovernmental immunity.
11c. By a person who through an act of sexual assault or
12incest impregnated the pregnant woman or formerly pregnant
13woman.
14d. Against a provider or user of an interactive computer
15service if such a lawsuit would be preempted by 47 U.S.C.
16§230(c).
174. A plaintiff who prevails in a personal injury or wrongful
18death lawsuit under this section is entitled to recover all of
19the following:
20a. Compensatory damages, including but not limited to
21damages for medical expenses, pain and suffering, and emotional
22distress.
23b. Court costs and reasonable attorney fees.
24c. Punitive damages of not less than one hundred thousand
25dollars.
265. Notwithstanding any other law to the contrary, if a
27plaintiff who brings suit under this section in response to
28a drug-induced abortion is unable to identify the specific
29manufacturer of the abortion-inducing drug that caused the
30death or injury, liability shall be apportioned among all
31manufacturers of abortion-inducing drugs in proportion to each
32manufacturer’s share of the market for abortion-inducing drugs.
336. Notwithstanding any other law to the contrary, a person
34may bring an action under this section no later than six years
35from the date the cause of action accrues.
-9- 17. Any waiver or purported waiver of the right to sue under
2this section shall be void as against public policy and shall
3not be enforceable in any court.
48. This section shall not be construed to impose liability
5on speech or conduct protected by the first amendment to the
6Constitution of the United States, as made applicable to the
7states through the United States supreme court interpretations
8of the fourteenth amendment to the Constitution of the United
9States, or by Article I, section 7, of the Constitution of the
10State of Iowa.
11 Sec. 6. NEW SECTION. 146E.5 Abortion-inducing drugs —
12prohibitions — qui tam enforcement.
131. Except as provided in subsection 2, it shall be unlawful
14for a person to do any of the following:
15a. Manufacture, possess, or distribute abortion-inducing
16drugs in the state.
17b. Mail, transport, deliver, or provide abortion-inducing
18drugs in any manner to or from a person or location in the
19state.
20c. Engage in any conduct that constitutes aiding and
21abetting the manufacture, possession, distribution, mailing,
22transporting, delivery, or provision of abortion-inducing
23drugs.
242. Notwithstanding any other law to the contrary,
25subsection 1 does not prohibit any of the following:
26a. Speech or conduct protected by the first amendment to the
27Constitution of the United States, as made applicable to the
28states through the United States supreme court interpretations
29of the fourteenth amendment to the Constitution of the United
30States, or by Article I, section 7, of the Constitution of the
31State of Iowa.
32b. Conduct that the state is forbidden to regulate under
33federal law or the Constitution of the United States.
34c. Conduct taken at the behest of a federal agency,
35contractor, or employee that is carrying out duties under
-10-1federal law, if a prohibition on that conduct would violate the
2doctrine of preemption or intergovernmental immunity.
3d. Conduct taken by a pregnant woman or formerly pregnant
4woman who aborts or seeks to abort the woman’s unborn child.
5e. The manufacture, possession, distribution, mailing,
6transporting, delivery, or provision of abortion-inducing drugs
7for a purpose that does not include termination of a pregnancy.
8f. The possession of abortion-inducing drugs related to an
9effort to entrap a person that violates this section.
10g. Any of the conduct described in section 146E.8,
11subsection 1.
123. a. Notwithstanding any other law to the contrary, the
13requirements of this section shall be enforced exclusively
14through the qui tam actions described in sections 146E.7 and
15146E.8.
16b. Direct or indirect enforcement of this section shall not
17be taken or threatened by a governmental entity or an officer
18or employee of a governmental entity against a person, by any
19means, and violation of this section shall not be used to
20justify or trigger the enforcement of any other law or any type
21of adverse consequence under any other law, except as provided
22in sections 146E.7 and 146E.8.
23c. This section does not preclude or limit the enforcement
24of any other law or regulation against conduct that is
25independently prohibited by such other law or regulation, and
26that would remain prohibited by such other law or regulation
27in the absence of this section.
28 Sec. 7. NEW SECTION. 146E.6 Liability for wrongful death
29and personal injuries — abortion-inducing drugs.
301. Notwithstanding any other law to the contrary, a person
31who manufactures, mails, distributes, transports, delivers,
32or provides abortion-inducing drugs; or who aids or abets the
33manufacture, mailing, distribution, transportation, delivery,
34or provision of abortion-inducing drugs shall be strictly,
35and jointly and severally liable for the wrongful death of
-11-1an unborn child or pregnant woman who dies from the use of
2abortion-inducing drugs, and for any personal injuries suffered
3by an unborn child or pregnant woman or formerly pregnant woman
4from the use of abortion-inducing drugs.
52. Notwithstanding any other law to the contrary, including
6section 633.336, the surviving parents of an unborn child
7who was aborted in violation of section 146E.3 may maintain
8an action for wrongful death against a person who knowingly
9violated section 146E.3 resulting in the wrongful death of the
10unborn child.
113. A lawsuit shall not be brought under subsection 1 against
12or by any of the following:
13a. Against a pregnant woman or formerly pregnant woman who
14used or sought to obtain abortion-inducing drugs to abort or
15attempt to abort her unborn child.
16b. Against a person that acted at the behest of a federal
17agency, contractor, or employee that is carrying out duties
18under federal law, if the imposition of liability would violate
19the doctrine of preemption or intergovernmental immunity.
20c. By a person who, through an act of sexual assault or
21incest, impregnated the woman who used abortion-inducing drugs.
22d. Against a provider or user of an interactive computer
23service if such a lawsuit would be preempted by 47 U.S.C.
24§230(c).
254. A plaintiff who prevails in a personal injury or wrongful
26death lawsuit under this section is entitled to recover all of
27the following:
28a. Compensatory damages, including but not limited to
29damages for medical expenses, pain and suffering, and emotional
30distress.
31b. Court costs and reasonable attorney fees.
32c. Punitive damages of not less than one hundred thousand
33dollars.
345. Notwithstanding any other law to the contrary, if a
35plaintiff who brings suit under this section in response to
-12-1a drug-induced abortion is unable to identify the specific
2manufacturer of the abortion-inducing drug that caused the
3death or injury, liability shall be apportioned among all
4manufacturers of abortion-inducing drugs in proportion to each
5manufacturer’s share of the market for abortion-inducing drugs.
66. Notwithstanding any other law to the contrary, a person
7may bring an action under this section no later than six years
8from the date the cause of action accrues.
97. Any waiver or purported waiver of the right to sue under
10this section shall be void as against public policy and shall
11not be enforceable in any court.
128. a. It is an affirmative defense if a person sued under
13this section was unaware that the person was engaged in the
14conduct described in this section, and took every reasonable
15precaution to ensure that the person would not manufacture,
16mail, distribute, transport, deliver, provide, or aid or
17abet the manufacture, mailing, distribution, transportation,
18delivery, or provision of abortion-inducing drugs.
19b. The defendant has the burden of proving an affirmative
20defense under this subsection by a preponderance of the
21evidence.
229. This section shall not be construed to impose liability
23on speech or conduct protected by the first amendment to the
24Constitution of the United States, as made applicable to the
25states through the United States supreme court interpretations
26of the fourteenth amendment to the Constitution of the United
27States, or by Article I, section 7, of the Constitution of the
28State of Iowa.
29 Sec. 8. NEW SECTION. 146E.7 Qui tam enforcement for certain
30violations.
311. A person, other than a governmental entity or an officer
32or employee of a governmental entity, has standing to bring and
33may bring a qui tam action against a person that meets any of
34the following conditions:
35a. Violates any provision of section 146E.3, 146E.5, or
-13-1146E.14.
2b. Intends to violate any provision of section 146E.3,
3146E.5, or 146E.14.
42. Notwithstanding any other law to the contrary, an action
5shall not be brought under this section against or by any of
6the following:
7a. Against the pregnant woman or formerly pregnant woman
8upon whom an elective abortion was performed or induced or
9attempted to be performed or induced in violation of this
10chapter, or against a pregnant woman who intends to seek or who
11seeks an elective abortion in violation of this chapter.
12b. Against a person that performs, aids or abets, or
13attempts to perform or aid or abet an elective abortion at
14the behest of a federal agency, contractor, or employee that
15is carrying out duties under federal law, if a prohibition on
16elective abortion would violate the doctrine of preemption or
17intergovernmental immunity.
18c. Against a common carrier that transports a pregnant woman
19to an abortion provider, if the common carrier is unaware that
20the pregnant woman intends to abort the pregnant woman’s unborn
21child.
22d. Against a provider or user of an interactive computer
23service if such a lawsuit would be preempted by 47 U.S.C.
24§230(c).
25e. By a person who, through an act of sexual assault
26or incest, impregnated a woman who is seeking an elective
27abortion, or a person who acts in concert or participation with
28the person who impregnated the woman.
293. An action under this section shall be brought in the name
30of the person and of the state.
314. If a plaintiff prevails in an action brought under this
32section, the court shall award all of the following:
33a. Injunctive relief sufficient to prevent the defendant
34from violating section 146E.3, 146E.5, or 146E.14.
35b. Nominal and compensatory damages if the plaintiff has
-14-1suffered injury or harm from the defendant’s conduct, including
2but not limited to loss of consortium and emotional distress.
3c. Civil penalties in an amount of not less than ten
4thousand dollars for each violation of section 146E.3, 146E.5,
5or 146E.14.
6d. Court costs and reasonable attorney fees.
75. Notwithstanding subsection 4, a court shall not award
8relief under subsection 4, paragraph “c” or “d”, in response to
9a violation of subsection 1, paragraph “a”, if the defendant
10demonstrates that a court has already ordered the defendant
11to pay the full amount of civil penalties under subsection 4,
12paragraph “c”, in another action for that particular violation
13of section 146E.3, 146E.5, or 146E.14.
146. Notwithstanding any other law to the contrary, a person
15may bring an action under this section no later than six years
16from the date the cause of action accrues.
177. It is an affirmative defense if a person sued under this
18section was unaware that the person was engaged in conduct
19described in section 146E.3, 146E.5, or 146E.14 and took every
20reasonable precaution to ensure that the person would not
21violate section 146E.3, 146E.5, or 146E.14.
228. This section shall not be construed to impose liability
23on speech or conduct protected by the first amendment to the
24Constitution of the United States, as made applicable to the
25states through the United States supreme court interpretations
26of the fourteenth amendment to the Constitution of the United
27States, or by Article I, section 7, of the Constitution of the
28State of Iowa.
299. Notwithstanding any other law to the contrary, a court
30shall not award court costs or reasonable attorney fees to a
31defendant under this section.
3210. A person bringing an action under this section is
33entitled to receive twenty-five percent of the civil penalties
34recovered. The remainder of the recovered civil penalties
35shall be paid to the state.
-15- 111. The state is not liable for expenses that a person
2incurs in bringing an action under this section.
3 Sec. 9. NEW SECTION. 146E.8 Qui tam enforcement —
4interactive computer services.
51. A person, other than a governmental entity or an officer
6or employee of a governmental entity, has standing to bring and
7may bring a qui tam action against a person that meets any of
8the following conditions:
9a. Provides or maintains an interactive computer service
10that allows Iowa residents to access information or material
11that assists or facilitates efforts to obtain elective
12abortions or abortion-inducing drugs.
13b. Provides or maintains a platform for downloading any
14application or software for use on a computer or electronic
15device that is designed to assist or facilitate efforts to
16obtain elective abortions or abortion-inducing drugs.
17c. Provides or maintains a platform that allows or enables
18those who provide or aid or abet elective abortions, or those
19who manufacture, mail, distribute, transport, deliver, or
20provide abortion-inducing drugs, to collect money, digital
21currency, resources, or any other thing of value in exchange
22for such services.
232. An action under this section shall be brought in the name
24of the person and the state.
253. Except as provided in subsection 4, if a plaintiff
26prevails in an action brought under this section, the court
27shall award only declaratory and injunctive relief. A court
28shall not award damages in an action brought under this
29section, even if the plaintiff demonstrates harm from the
30defendant’s conduct, nor shall a court award a prevailing
31plaintiff court costs or reasonable attorney fees.
324. Relief shall not be awarded under subsection 3 if the
33civil action was brought in response to any of the following:
34a. The exercise of state or federal constitutional rights
35that belong personally to the defendant.
-16- 1b. Conduct taken at the behest of a federal agency,
2contractor, or employee that is carrying out duties under
3federal law, if the relief authorized under subsection 3
4would violate the doctrine of preemption or intergovernmental
5immunity.
6c. Conduct taken by a pregnant woman or formerly pregnant
7woman who aborted or attempted to abort such woman’s unborn
8child, if such woman is the named defendant in the civil
9action.
105. a. It is an affirmative defense if a person who sued
11under this section meets all of the following conditions:
12(1) Was unaware that the person’s interactive computer
13service or platform was being used to assist or facilitate
14efforts to obtain elective abortions or abortion-inducing
15drugs.
16(2) Upon discovering that the person’s interactive computer
17service or platform was being used to assist or facilitate
18efforts to obtain elective abortions or abortion-inducing
19drugs, the person took prompt action to block access to any
20information, material, application, or software that assists
21or facilitates efforts to obtain elective abortions or
22abortion-inducing drugs; and to block those who provide or aid
23or abet elective abortions and those who manufacture, mail,
24distribute, transport, deliver, or provide abortion-inducing
25drugs, from collecting money, digital currency, resources, or
26any other thing of value in exchange for such services through
27its interactive computer service or platform.
28b. The defendant has the burden of proving an affirmative
29defense under this subsection by a preponderance of the
30evidence.
316. A person who engages in the conduct described under
32subsection 1 shall not be subject to any of the following:
33a. Held vicariously liable for any nominal, statutory, or
34compensatory damages incurred by another information content
35provider.
-17- 1b. Held liable or legally responsible for the conduct of
2a publisher or speaker of any information provided by another
3information content provider.
4c. Treated as the speaker or publisher of any information
5provided by another information content provider under any
6provision of state law.
77. a. Notwithstanding any other law to the contrary, the
8requirements of this section shall be enforced exclusively
9through the qui tam actions described in subsection 1.
10b. Direct or indirect enforcement of this section shall
11not be taken or threatened by a governmental entity or an
12officer or employee of a governmental entity by any means,
13and a violation of this section shall not be used to justify
14or trigger the enforcement of any other law or any type of
15adverse consequence under any other law, except as provided in
16subsections 1, 2, and 3.
17c. This section does not preclude or limit the enforcement
18of any other law or regulation against conduct that is
19independently prohibited by such other law or regulation, and
20that would remain prohibited by such other law or regulation
21in the absence of this section.
228. Notwithstanding any other law to the contrary, a provider
23or user of an interactive computer service shall have absolute
24and nonwaivable immunity from liability or suit on account of
25any of the following:
26a. An action taken to restrict access to or availability of
27information or material that assists or facilitates access to
28elective abortions or abortion-inducing drugs, whether or not
29such information or material is constitutionally protected.
30b. An action taken to enable or make available to
31information content providers or others the technical means
32to restrict access to information or material described in
33paragraph “a”.
34c. A denial of service to those who provide or aid or abet
35elective abortions, or those who manufacture, mail, distribute,
-18-1transport, deliver, or provide abortion-inducing drugs.
29. The state is not liable for expenses that a person incurs
3in bringing an action under this section.
4 Sec. 10. NEW SECTION. 146E.9 Affirmative defenses.
51. a. A defendant against whom an action is brought under
6section 146E.6, 146E.7, or 146E.8 may assert an affirmative
7defense to liability under this section if any of the following
8conditions applies:
9(1) The imposition of civil liability on the defendant
10will violate federally protected rights, or state or federal
11constitutional rights, that belong to the defendant personally.
12(2) The defendant has standing to assert the rights
13of a third party under the tests for third-party standing
14established by the supreme court of the United States or the
15supreme court, and demonstrates that the imposition of civil
16liability on the defendant will violate federally protected
17rights or state or federal constitutional rights belonging to
18that third party.
19(3) The imposition of civil liability on the defendant will
20violate the Constitution of the State of Iowa.
21(4) The imposition of civil liability on the defendant would
22violate the limits on extraterritorial jurisdiction imposed by
23the Constitution of the United States or the Constitution of
24the State of Iowa.
25b. The defendant has the burden of proving the affirmative
26defense in subsection 1 by a preponderance of the evidence.
272. This section shall not limit or preclude a defendant
28from asserting the unconstitutionality of any provision or
29application of state law as a defense to liability under
30section 146E.6, 146E.7, or 146E.8, or from asserting any other
31defense that might be available under any other source of law.
323. Notwithstanding any other law, a court shall not apply
33the law of another state or jurisdiction to any civil action
34brought under section 146E.6, 146E.7, or 146E.8, unless
35otherwise required by law.
-19-1 Sec. 11. NEW SECTION. 146E.10 Defenses not applicable.
2Notwithstanding any law to the contrary, none of the
3following is a defense to an action brought under section
4146E.4, 146E.6, or 146E.7:
51. Ignorance or mistake of law.
62. A defendant’s belief that the requirements or provisions
7of this chapter are unconstitutional or were unconstitutional
8when the cause of action accrued.
93. A defendant’s reliance on any court decision that
10has been vacated, reversed, or overruled on appeal or by a
11subsequent court, even if that court decision had not been
12vacated, reversed, or overruled when the cause of action
13accrued.
144. A defendant’s reliance on any state or federal court
15decision that is not binding on the court in which the action
16has been brought.
175. A defendant’s reliance on any federal statute, agency
18rule or action, or treaty that has been repealed, superseded,
19or declared invalid or unconstitutional, even if that federal
20statute, agency rule or action, or treaty had not been
21repealed, superseded, or declared invalid or unconstitutional
22when the cause of action accrued.
236. Nonmutual issue preclusion or nonmutual claim
24preclusion.
257. The consent of the plaintiff or the pregnant woman
26or formerly pregnant woman, the consent of a parent of the
27pregnant woman or formerly pregnant woman if such woman was an
28unemancipated minor, or the consent of the legal guardian of
29the pregnant woman or formerly pregnant woman to the elective
30abortion.
318. Contributory or comparative negligence.
329. Assumption of risk.
3310. Any claim that the enforcement of this chapter or
34the imposition of civil liability against the defendant will
35violate the constitutional rights of third parties, except as
-20-1provided by section 146E.9, subsection 1.
2 Sec. 12. NEW SECTION. 146E.11 Venue.
31. Notwithstanding any other law to the contrary, including
4chapter 616, a civil action brought under section 146E.6,
5146E.7, or 146E.8 may be brought in any of the following:
6a. The county in which all or a substantial part of
7the events or omissions giving rise to the cause of action
8occurred.
9b. The county of residence for any one of the natural person
10defendants at the time the cause of action accrued.
11c. The county of the principal office in this state of any
12one of the defendants that is not a natural person.
13d. The county of residence for the plaintiff if the
14plaintiff is a natural person residing in the state.
152. If a civil action is brought under section 146E.6,
16146E.7, or 146E.8 in any venue described in subsection 1, the
17action shall not be transferred to a different venue without
18the written consent of all parties.
19 Sec. 13. NEW SECTION. 146E.12 Personal jurisdiction —
20choice of law — class action lawsuits.
211. Notwithstanding any other law to the contrary, including
22section 617.3, the courts of this state shall have personal
23jurisdiction over a defendant sued under section 146E.4,
24146E.6, 146E.7, or 146E.8.
252. Notwithstanding any other law to the contrary, Iowa law
26shall apply to any civil action brought under section 146E.4,
27146E.6, 146E.7, or 146E.8.
283. Notwithstanding any other law to the contrary, including
29rule of civil procedure 1.262, a civil action under this
30section shall not be litigated on behalf of a plaintiff class
31or a defendant class, and a court shall not certify a class
32under rule of civil procedure 1.262 in any civil action brought
33under section 146E.4, 146E.6, 146E.7, or 146E.8.
34 Sec. 14. NEW SECTION. 146E.13 Protection from counter
35lawsuits.
-21- 1If a lawsuit is brought or a judgment entered against a
2person in any state or federal court, and the lawsuit or
3liability in whole or in part is based on that person’s
4decision or threat to bring an action under section 146E.6,
5146E.7, or 146E.8, that person may recover damages from a party
6that brought the action, obtained the judgment, or sought to
7enforce the judgment. Recoverable damages shall include all
8of the following:
91. Compensatory damages created by the lawsuit or judgment
10including but not limited to monetary damages in the amount
11of the judgment, and court costs, expenses, and reasonable
12attorney fees expended in defending the action.
132. Court costs, expenses, and reasonable attorney fees
14incurred in bringing an action under this section.
153. Additional statutory damages in an amount of not less
16than one hundred thousand dollars.
17 Sec. 15. NEW SECTION. 146E.14 Government contractors and
18grant recipients — qui tam liability.
191. A person that enters into a contract with a governmental
20entity or a subcontract with a contractor of a governmental
21entity, or that receives any grant or funding from a
22governmental entity shall not pay for, reimburse, or subsidize
23in any way the costs associated with an elective abortion,
24regardless of the person upon whom the elective abortion is
25performed, where the elective abortion is performed, or the
26law of the jurisdiction in which the elective abortion is
27performed, including by engaging in any of the following acts:
28a. Providing coverage of elective abortions as an employee
29benefit.
30b. Paying for, reimbursing, or subsidizing the travel costs
31associated with obtaining an elective abortion, or covering
32those costs as an employee benefit.
33c. Donating or lending money, digital currency, resources,
34or any other thing of value to an abortion provider, abortion
35fund, or an affiliate of an abortion provider, either directly
-22-1or by laundering the donation or loan through an intermediary.
2d. Offering, providing, or lending money, digital currency,
3resources, or any other thing of value with the knowledge
4that the thing of value will be used to pay for, offset, or
5reimburse the costs of an elective abortion or the costs
6associated with procuring an elective abortion.
7e. Performing or providing any type of work or service for
8an abortion provider, abortion fund, or an affiliate of an
9abortion provider, regardless of whether such work or service
10is done on a paid, contract, or volunteer basis, except for
11the provision of basic public services, including fire and
12police protection and utilities, by a governmental entity or a
13common carrier to an abortion provider, an abortion fund, or
14an affiliate of an abortion provider in the same manner as the
15governmental entity or common carrier provides the services to
16the general public.
17f. Paying, offering to pay, or providing insurance that
18covers legal expenses, court judgments, or settlements of those
19who violate the abortion laws of the United States, or the
20abortion laws of any state, local, or foreign jurisdiction.
21g. Engaging in any conduct that would constitute aiding and
22abetting an elective abortion, regardless of the person upon
23whom the elective abortion is performed, where the elective
24abortion is performed, or the law of the jurisdiction in which
25the elective abortion is performed.
262. A person shall not enter into a contract with a
27governmental entity, enter into a subcontract with a contractor
28of a governmental entity, or receive any grant or funding from
29a governmental entity, unless the person certifies in writing
30that the person complies with each of the requirements in
31subsection 1.
323. A person that violates subsection 1 after entering
33into a contract with a governmental entity, entering into a
34subcontract with a contractor of a governmental entity, or
35receiving any type of grant or funding from a governmental
-23-1entity, shall be subject to qui tam liability as provided in
2section 146E.7.
3 Sec. 16. NEW SECTION. 146E.15 Internet service providers —
4blocking access to certain information — immunity — recoverable
5damages resulting from lawsuit.
61. An internet service provider that provides service in the
7state shall make all reasonable and technologically feasible
8efforts to block access to all of the following:
9a. Child pornography as defined in 18 U.S.C. §2256(8).
10b. Information or material intended to assist or facilitate
11efforts to obtain elective abortions or abortion-inducing drugs
12including but not limited to the following:
13(1) An internet site, platform, or other interactive
14computer service operated by or on behalf of an abortion
15provider or abortion fund.
16(2) An internet site, platform, or other interactive
17computer service for downloading any application or software
18for use on a computer or electronic device that is designed to
19assist or facilitate efforts to obtain elective abortions or
20abortion-inducing drugs.
21(3) An internet site, platform, or other interactive
22computer service that allows or enables those who provide or
23aid or abet elective abortions, or those who manufacture, mail,
24distribute, transport, deliver, or provide abortion-inducing
25drugs, to collect money, digital currency, resources, or any
26other thing of value in exchange for such services.
272. A person who becomes aware that information or material
28described in subsection 1 is accessible through internet
29service provided by an entity that provides internet service
30in the state may notify that internet service provider and
31request that the internet service provider block access to the
32information or material. A person may provide notification by
33any of the following means:
34a. Calling the internet service provider’s customer support
35number and providing a precise description and location of the
-24-1information or material described in subsection 1.
2b. Mailing a letter to the internet service provider and
3providing a precise description and location of the information
4or material described in subsection 1.
53. Notwithstanding any other law to the contrary, direct
6or indirect enforcement of this section shall not be taken
7or threatened by a governmental entity, or by an officer or
8employee of a governmental entity, by any means. However,
9the state, its political subdivisions, and officers and
10employees of the state and its political subdivisions may ask
11or encourage internet service providers to comply with the
12provisions of this section.
134. Notwithstanding any other law to the contrary, an
14internet service provider shall have absolute and nonwaivable
15immunity from liability or suit on account of any of the
16following:
17a. An action taken to comply with the requirements of this
18section, or to restrict access to or availability of any of the
19information or material described in subsection 1.
20b. An action taken to enable or make available to
21information content providers or others the technical means
22to restrict access to information or material described in
23subsection 1.
24c. A denial of service to those who use or seek to use the
25internet to make available information or material described in
26subsection 1.
275. If a lawsuit is brought or a judgment entered against an
28internet service provider in any state or federal court, and
29the lawsuit or liability in whole or in part is based on the
30internet service provider’s compliance with the requirements of
31this section, the internet service provider may recover damages
32from a party that brought the action, obtained that judgment,
33or sought to enforce that judgment. Recoverable damages shall
34include all of the following:
35a. Compensatory damages created by the lawsuit or judgment,
-25-1including but not limited to monetary damages in the amount of
2the judgment, expenses, and reasonable attorney fees spent in
3defending the action.
4b. Court costs, expenses, and reasonable attorney fees
5incurred in bringing an action under this section.
6c. Additional statutory damages in an amount not less than
7one hundred thousand dollars.
8 Sec. 17. NEW SECTION. 146E.16 Internet service in publicly
9owned buildings — public libraries and school districts
10and institutions of higher education — access to certain
11information.
121. A publicly owned building in the state that provides
13internet service shall be equipped to operate a technology
14protection measure with respect to each of the computers with
15internet access in the publicly owned building that protects
16against access through those computers to all of the following:
17a. Child pornography as defined in 18 U.S.C. §2256(8).
18b. Information or material that is intended to assist
19or facilitate efforts to obtain elective abortions or
20abortion-inducing drugs, including but not limited to the
21following interactive computer services:
22(1) An internet site, platform, or other interactive
23computer service operated by or on behalf of an abortion
24provider or abortion fund.
25(2) An internet site, platform, or other interactive
26computer service for downloading any application or software
27for use on a computer or electronic device that is designed to
28assist or facilitate efforts to obtain elective abortions or
29abortion-inducing drugs.
30(3) An internet site, platform, or other interactive
31computer service that allows or enables those who provide or
32aid or abet elective abortions, or those who manufacture, mail,
33distribute, transport, deliver, or provide abortion-inducing
34drugs, to collect money, digital currency, resources, or any
35other thing of value in exchange for such services.
-26- 12. A person who becomes aware that information or material
2described in subsection 1 is accessible through internet
3service provided by a government-owned building, public
4library location, school district location, or location of an
5institution of higher education governed by the state board of
6regents in the state may notify an administrator, supervisor,
7or other authority with control over the building or location
8and request that the authority block access to that information
9or material.
103. An administrator, supervisor, or other authority
11may disable a technology protection measure that blocks the
12information specified under subsection 1 to enable access for
13bona fide research or other lawful purposes.
14 Sec. 18. NEW SECTION. 146E.17 Governmental entities and
15political subdivisions — prohibitions relating to elective
16abortion and taxpayer resource transactions — qui tam actions.
171. a. Notwithstanding any other law to the contrary,
18a political subdivision may enact and enforce ordinances
19regulating, restricting, or prohibiting elective abortion and
20conduct that aids or abets elective abortion.
21b. A provision of state law shall not be construed to limit
22a political subdivision from enacting or enforcing ordinances
23regulating, restricting, or prohibiting elective abortion and
24conduct that aids or abets elective abortion, unless it clearly
25and explicitly does so with specific reference to this section.
262. A governmental entity shall not enter into a taxpayer
27resource transaction with any of the following:
28a. An abortion fund.
29b. An abortion provider.
30c. An affiliate of an abortion provider.
31d. A person who pays for, reimburses, or subsidizes in any
32way the costs associated with an elective abortion, regardless
33of the person upon whom the elective abortion is performed,
34where the elective abortion is performed, and the law of the
35jurisdiction in which the elective abortion is performed,
-27-1unless required to do so by federal law or as a condition of
2receiving federal funds.
33. a. A person has standing to bring and may bring a qui
4tam action against a person that enacts, issues, enforces, or
5attempts to enforce any ordinance, order, rule, directive,
6requirement, or written or unwritten policy described
7in subsection 1, or that enters into a taxpayer resource
8transaction described in subsection 2. An action under this
9section shall be brought in the name of the person and the
10state.
11b. A plaintiff who prevails in a qui tam action brought
12under this section shall recover all of the following:
13(1) Declaratory and injunctive relief.
14(2) Nominal and compensatory damages if the plaintiff has
15suffered injury or harm from the defendant’s conduct.
16(3) Civil penalties in an amount of not less than ten
17thousand dollars for each ordinance, order, rule, directive,
18requirement, or written or unwritten policy that the defendant
19enacted, issued, enforced, or attempted to enforce in violation
20of subsection 1 and for each prohibited taxpayer resource
21transaction that the defendant entered into in violation of
22subsection 2.
23(4) Court costs and reasonable attorney fees.
244. Notwithstanding subsection 3, a court shall not award
25relief under subsection 3, paragraph “b”, subparagraph (3) or
26(4), if the defendant demonstrates that a court has already
27ordered the defendant to pay the full amount of civil penalties
28under subsection 3, paragraph “b”, subparagraph (3), in another
29action for that particular taxpayer resource transaction that
30the defendant entered in violation of subsection 2.
315. Sovereign immunity, governmental immunity, and official
32immunity are waived and abrogated in any lawsuit brought under
33subsection 3, and shall not be asserted as a defense in those
34proceedings.
356. A person bringing an action under this section is
-28-1entitled to receive twenty-five percent of the civil penalties
2recovered. The remainder of the recovered civil penalties
3shall be paid to the state.
47. The state is not liable for expenses that a person incurs
5in bringing an action under this section.
6 Sec. 19. NEW SECTION. 146E.18 Medicaid — persons qualified
7to perform services.
81. Notwithstanding any other law to the contrary, the
9following persons shall not be deemed persons qualified to
10perform the service or services required as described under 42
11U.S.C. §1396a(a)(23) under the Medicaid program:
12a. A person engaged in a pattern of racketeering activity as
13defined in 18 U.S.C. §§1961 and 1962, including racketeering
14activity that violates 18 U.S.C. §1461 and 18 U.S.C. §1462(c).
15b. A person that performs or participates in an elective
16abortion in violation of the laws of this state or in violation
17of the laws of another state.
18c. An abortion provider or affiliate of an abortion
19provider.
202. Notwithstanding any other law to the contrary, the state
21and its officers and employees shall have sovereign immunity in
22any lawsuit brought to restrain the state and its officers and
23employees from enforcing subsection 1.
243. Notwithstanding any other law to the contrary, an
25attorney representing the state, its political subdivisions, or
26an officer or employee of the state or a political subdivision
27shall not waive the immunity described in subsection 2 or take
28any action that would result in a waiver of that immunity, and
29any such action or purported waiver shall be a legal nullity
30and an ultra vires act.
31 Sec. 20. NEW SECTION. 146E.19 Costs of lawsuits for
32injunctive or declaratory relief relating to restrictions on
33elective abortions — payment to prevailing party.
341. Notwithstanding any other law to the contrary, a person
35that seeks declaratory or injunctive relief to prevent the
-29-1state, a political subdivision, an officer or employee of
2the state or a political subdivision, or a person in this
3state from enforcing or bringing suit to enforce any statute,
4ordinance, rule, regulation, or any other type of law that
5regulates or restricts elective abortion or that limits
6taxpayer funding for a person that performs or promotes
7elective abortion in any state or federal court, or that
8represents a litigant seeking relief in any state or federal
9court, is jointly and severally liable to pay the court costs
10and reasonable attorney fees of the prevailing party, including
11the court costs and reasonable attorney fees the prevailing
12party incurs in the prevailing party’s efforts to recover such
13court costs and reasonable attorney fees.
142. For purposes of this section, a party is considered a
15prevailing party if a state or federal court does any of the
16following:
17a. Dismisses any claim or cause of action brought against
18the party that seeks the declaratory or injunctive relief
19described in subsection 1, regardless of the reason for the
20dismissal.
21b. Enters a judgment in the party’s favor on any such claim
22or cause of action.
233. A prevailing party may recover court costs and reasonable
24attorney fees under this section only to the extent that those
25court costs and attorney fees were incurred while defending
26claims or causes of action on which the party prevailed.
274. Regardless of whether a prevailing party sought to
28recover court costs or reasonable attorney fees in the
29underlying action, a prevailing party under this section may
30bring a civil action to recover court costs and reasonable
31attorney fees against a person that sought declaratory or
32injunctive relief described in subsection 1 not later than
33three years from the date on which any of the following occurs,
34as applicable:
35a. The dismissal or judgment described in subsection 2
-30-1becomes final on the conclusion of appellate review.
2b. The time for seeking appellate review expires.
35. It is not a defense to an action brought under subsection
44 that any of the following applies:
5a. A prevailing party under this section failed to seek
6recovery of court costs or reasonable attorney fees in the
7underlying action.
8b. The court in the underlying action declined to recognize
9or enforce the requirements of this section.
10c. The court in the underlying action held that any
11provision of this section is invalid, unconstitutional, or
12preempted by federal law, notwithstanding the doctrines of
13issue or claim preclusion.
146. a. Notwithstanding any other law to the contrary,
15including chapter 616, a civil action brought under subsection
164 may be brought in any of the following:
17(1) The county in which all or a substantial part of
18the events or omissions giving rise to the cause of action
19occurred.
20(2) The county of residence for any one of the natural
21person defendants at the time the cause of action accrued.
22(3) The county of the principal office in this state of any
23one of the defendants that is not a natural person.
24(4) The county of residence for the plaintiff if the
25plaintiff is a natural person residing in this state.
26b. Any contractual choice-of-forum provision that purports
27to require a civil action under subsection 4 to be litigated
28in a forum other than as specified in paragraph “a” shall be
29void as against public policy, and shall not be enforced in any
30state or federal court.
317. If a civil action is brought under subsection 4 in
32any venue described in subsection 6, the action shall not be
33transferred to a different venue without the written consent
34of all parties.
35 Sec. 21. NEW SECTION. 146E.20 Immunity from suit and limits
-31-1on state court jurisdiction.
21. a. Notwithstanding any other law to the contrary, the
3state, its political subdivisions, or an officer or employee
4of this state or a political subdivision shall have sovereign
5immunity, governmental immunity, and official immunity, as
6applicable, in any action, claim, counterclaim, or any type
7of legal or equitable action that challenges the validity of
8any provision or application of this chapter on constitutional
9grounds or otherwise, or that seeks to prevent or enjoin the
10state, its political subdivisions, or an officer or employee
11of this state or a political subdivision from enforcing any
12provision or application of this chapter, or from hearing,
13adjudicating, or docketing a civil action brought under section
14146E.6, 146E.7, or 146E.8, unless that immunity has been
15abrogated or preempted by federal law.
16b. The sovereign immunity conferred by this section upon
17the state and each of its officers and employees includes
18the constitutional sovereign immunity which applies in both
19state and federal court and which may not be abrogated by the
20congress of the United States or by any state or federal court
21except pursuant to legislation authorized by section 5 of the
22fourteenth amendment to the Constitution of the United States.
232. Notwithstanding any other law to the contrary, the
24immunities conferred by subsection 1 shall apply in every
25court, both state and federal, and in every adjudicative
26proceeding of any type.
273. Notwithstanding any other law to the contrary, a
28provision of state law shall not be construed to waive or
29abrogate an immunity described in subsection 1 unless the
30provision expressly waives or abrogates immunity with specific
31reference to this section.
324. Notwithstanding any other law to the contrary, an
33attorney representing the state, its political subdivisions, or
34an officer or employee of this state or a political subdivision
35shall not waive an immunity described in subsection 1 or take
-32-1any action that would result in a waiver of that immunity, and
2any such action or purported waiver shall be a legal nullity
3and an ultra vires act.
45. Notwithstanding any other law to the contrary, including
5rule of civil procedure 1.1101, and sections 602.4102,
6602.5103, and 602.6101, a court of this state shall not award
7declaratory or injunctive relief or any type of writ that
8would pronounce any provision or application of this chapter
9invalid or unconstitutional, or that would restrain the state,
10its political subdivisions, an officer or employee of this
11state or a political subdivision, or a person from enforcing
12any provision or application of this chapter, or from hearing,
13adjudicating, docketing, or filing a civil action brought under
14section 146E.6, 146E.7, or 146E.8, and a court of this state
15shall not have jurisdiction to consider any action, claim, or
16counterclaim that seeks such relief.
176. Notwithstanding any other law to the contrary, any
18judicial relief issued by a court of this state that disregards
19the immunities conferred by subsection 1, or the jurisdictional
20limitations specified by subsection 5, shall be a legal nullity
21due to lack of jurisdiction, and shall not be enforced or
22obeyed by an officer or employee of this state or a political
23subdivision, judicial or otherwise.
247. Notwithstanding any other law to the contrary, any
25injunction, declaratory judgment, or writ issued by a court
26of this state that purports to restrain the state, its
27political subdivisions, an officer or employee of this state
28or a political subdivision, or any person from hearing,
29adjudicating, docketing, or filing a civil action brought under
30section 146E.6, 146E.7, or 146E.8, shall be a legal nullity
31and a violation of the due process clause of the fourteenth
32amendment of the Constitution of the United States, and shall
33not be enforced or obeyed by an officer or employee of this
34state or a political subdivision, judicial or otherwise.
358. Notwithstanding any other law to the contrary, an officer
-33-1or employee of this state or a political subdivision, judicial
2or otherwise, who issues, enforces, or obeys an injunction,
3declaratory judgment, or writ described in subsection 7 shall
4be subject to suit by a person who is prevented from or delayed
5in bringing a civil action under section 146E.6, 146E.7, or
6146E.8, and a plaintiff who prevails in an action brought under
7this section shall be awarded and recover all of the following:
8a. Injunctive relief.
9b. Compensatory damages.
10c. Punitive damages of not less than one hundred thousand
11dollars.
12d. Court costs and reasonable attorney fees.
139. Notwithstanding any other law to the contrary, a person
14who violates subsection 5 or 7 is prohibited from all of the
15following:
16a. Asserting and being entitled to any type of immunity
17defense, including sovereign immunity, governmental immunity,
18official immunity, or judicial immunity.
19b. Being indemnified for any award of damages, court costs,
20and reasonable attorney fees entered against the person, or for
21the costs of the person’s legal defense.
22c. Receiving or obtaining legal representation from the
23attorney general of this state in any action brought under
24subsection 8.
2510. Notwithstanding any other law to the contrary, a person
26who sues and seeks any injunction, declaratory judgment, or
27writ that would restrain a person from hearing, adjudicating,
28docketing, or filing a civil action brought under section
29146E.6, 146E.7, or 146E.8, shall pay the court costs and
30reasonable attorney fees of the person sued. A person may
31bring a civil action to recover the court costs and reasonable
32attorney fees in state or federal court. It shall not be a
33defense to a civil action brought under this subsection that
34any of the following applies:
35a. The plaintiff failed to seek recovery of court costs or
-34-1attorney fees in the underlying action.
2b. The court in the underlying action declined to recognize
3or enforce the requirements of this section.
4c. The court in the underlying action held any provision
5of this section invalid, unconstitutional, or preempted by
6federal law, notwithstanding the doctrines of issue or claim
7preclusion.
8 Sec. 22. NEW SECTION. 146E.21 Pregnant woman not subject to
9criminal or civil action, penalties, or liability.
10Notwithstanding any other law to the contrary, this chapter
11shall not be construed to subject a pregnant woman or formerly
12pregnant woman on whom an elective abortion was performed or
13attempted to be performed to any of the following:
141. Any civil or criminal action under this chapter.
152. Any type of criminal or civil penalty or liability under
16this chapter.
17 Sec. 23. SEVERABILITY.
181. If any provision of this Act or its application to
19any person or circumstance is held invalid, the invalidation
20does not affect other provisions or applications of this Act
21which can be given effect without the invalid provision or
22application, and to this end the provisions of this Act are
23severable.
242. A court shall not decline to enforce the severability
25requirements of this section on the ground that severance
26would rewrite the statute or involve a court in legislative or
27lawmaking activity.
28 Sec. 24. EFFECTIVE DATE. This Act, being deemed of
29immediate importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill creates the Iowa human life protection Act in new
34Code chapter 146E, and provides for civil actions and civil
35penalties. The bill includes findings relating to human life
-35-1and abortion.
2New Code section 146E.2 provides definitions used in the
3new Code chapter including “abortion fund”, “abortion-inducing
4drug”, “abortion provider”, “affiliate”, “aiding or abetting”,
5“attempt” or “attempts”, “elective abortion”, “fertilization”,
6“governmental entity”, “information content provider”,
7“interactive computer service”, “major bodily function”,
8“medical emergency”, “medically indicated separation
9procedure”, “perform”, “performance”, “performed”, “performs”,
10or “performing” relative to an elective abortion, “person”,
11“policy”, “political subdivision”, “pregnant”, “taxpayer
12resource transaction”, “unborn child”, and “woman” or “women”.
13New Code section 146E.3 prohibits a person from knowingly
14using, employing, or administering any drug, instrument,
15device, means, or procedure upon a pregnant woman with the
16specific intent to cause an elective abortion, or from aiding
17or abetting such conduct. The prohibition applies if any
18portion of the prohibited conduct or elective abortion occurs
19in the state or within the jurisdiction of the state.
20The requirements of new Code section 146E.3 shall be
21enforced exclusively through the qui tam actions described in
22the bill; direct or indirect enforcement shall not be taken
23or threatened; and a violation of the Code section shall not
24be used to justify or trigger the enforcement of any other
25law or any type of adverse consequence under any other law,
26except as provided in the provisions of the bill relating to
27qui tam actions. However, the Code section does not preclude
28or limit the enforcement of any other law or regulation against
29conduct that is independently prohibited by such other law or
30regulation and that would remain prohibited by such other law
31or regulation. The prohibition does not apply to speech or
32conduct protected by the first amendment to the Constitution of
33the United States; conduct the state is forbidden to regulate
34under federal law or the Constitution of the United States; the
35provision of basic public services by a governmental entity or
-36-1a common carrier to an abortion provider, an abortion fund, or
2an affiliate of an abortion provider or abortion fund in the
3same manner those services are provided to the general public;
4or conduct taken at the behest of a federal agency, contractor,
5or employee that is carrying out duties under federal law, if
6a prohibition on that conduct would violate the doctrine of
7preemption or intergovernmental immunity.
8New Code section 146E.4 provides for liability for wrongful
9death and personal injuries related to an elective abortion.
10The Code section provides that a person who violates new
11Code section 146E.3 shall be subject to joint and several
12liability for the wrongful death of an unborn child who dies
13from the elective abortion; and strict, and joint and several
14liability for the wrongful death of a pregnant woman or
15formerly pregnant woman who dies from the elective abortion and
16any personal injuries suffered by an unborn child or pregnant
17woman or formerly pregnant woman from the elective abortion.
18A surviving parent of an unborn child who was aborted in
19violation of the bill may maintain an action for wrongful death
20against a person who knowingly violated the bill resulting in
21the wrongful death of the unborn child.
22The bill prohibits a lawsuit under new Code section 146E.4
23against and by certain people including: against a pregnant
24woman or formerly pregnant woman who aborted or attempted to
25abort the pregnant woman’s unborn child; against a person
26that acted at the behest of a federal agency, contractor, or
27employee that is carrying out duties under federal law, if
28the imposition of liability would violate the doctrine of
29preemption or intergovernmental immunity; by a person who
30through an act of sexual assault or incest impregnated the
31pregnant woman or formerly pregnant woman; and against a
32provider or user of an interactive computer service if such
33a lawsuit would be preempted by federal law. A prevailing
34plaintiff is entitled to recover compensatory damages, court
35costs and reasonable attorney fees, and punitive damages of not
-37-1less than $100,000.
2Under new Code section 146E.4, if a plaintiff brings suit in
3response to a drug-induced abortion and is unable to identify
4the specific manufacturer of the abortion-inducing drug that
5caused the death or injury, liability is apportioned among all
6manufacturers of abortion-inducing drugs in proportion to each
7manufacturer’s share of the market for abortion-inducing drugs.
8A person may bring an action no later than six years from the
9date the cause of action accrues. Waiver of the right to sue is
10void as against public policy and shall not be enforceable in
11any court. The Code section shall not be construed to impose
12liability on constitutionally protected speech or conduct.
13New Code section 146E.5 relates to prohibitions related
14to abortion-inducing drugs and qui tam enforcement. The
15Code section provides that it is unlawful for a person
16to manufacture, possess, or distribute abortion-inducing
17drugs in the state; mail, transport, deliver, or provide
18abortion-inducing drugs in any manner to or from a person
19or location in the state; or engage in any conduct that
20constitutes aiding and abetting the manufacture, possession,
21distribution, mailing, transporting, delivery, or provision
22of abortion-inducing drugs. The bill does not prohibit
23constitutionally protected speech or conduct; conduct that
24the state is forbidden to regulate under federal law or the
25Constitution of the United States; conduct taken at the behest
26of a federal agency, contractor, or employee that is carrying
27out duties under federal law, if a prohibition on that conduct
28would violate the doctrine of preemption or intergovernmental
29immunity; conduct taken by a pregnant woman or formerly
30pregnant woman who aborts or seeks to abort the woman’s unborn
31child; the manufacture, possession, distribution, mailing,
32transporting, delivery, or provision of abortion-inducing drugs
33for a purpose that does not include termination of a pregnancy;
34the possession of abortion-inducing drugs related to an effort
35to entrap persons that violate the Code section; or any of the
-38-1conduct described under the section of the bill relating to
2interactive computer services.
3New Code section 146E.5 shall only be enforced as a qui
4tam action as provided under the bill and direct or indirect
5enforcement of the Code section shall not be taken or
6threatened. However, the Code section does not preclude or
7limit the enforcement of any other law or regulation against
8conduct that is independently prohibited by such other law or
9regulation, and that would remain prohibited by such other law
10or regulation.
11New Code section 146E.6 relates to liability for wrongful
12death and personal injuries related to the manufacture,
13mailing, distribution, transportation, delivery, or provision
14of abortion-inducing drugs. The Code section provides that
15a person who manufactures, mails, distributes, transports,
16delivers, or provides abortion-inducing drugs; or who aids or
17abets the manufacture, mailing, distribution, transportation,
18delivery, or provision of abortion-inducing drugs shall be
19strictly, and jointly and severally liable for the wrongful
20death of an unborn child or pregnant woman who dies from the
21use of abortion-inducing drugs, and for any personal injuries
22suffered by an unborn child or pregnant woman or formerly
23pregnant woman from the use of abortion-inducing drugs. The
24surviving parents of an unborn child who was aborted in
25violation of the Code section of the bill relating to elective
26abortion prohibitions may maintain an action for wrongful
27death against a person who knowingly violated the Code section
28resulting in the wrongful death of the unborn child.
29New Code section 146E.6 prohibits a lawsuit from being
30brought against a pregnant woman or formerly pregnant woman who
31used or sought to obtain abortion-inducing drugs to abort or
32attempt to abort her unborn child; against a person that acted
33at the behest of a federal agency, contractor, or employee that
34is carrying out duties under federal law, if the imposition
35of liability would violate the doctrine of preemption or
-39-1intergovernmental immunity; by a person who, through an act
2of sexual assault or incest, impregnated the woman who used
3abortion-inducing drugs; or against a provider or user of
4an interactive computer service if such a lawsuit would be
5preempted by federal law.
6A prevailing plaintiff under new Code section 146E.6 is
7entitled to recover compensatory damages, court costs and
8reasonable attorney fees, and punitive damages of not less
9than $100,000. If a plaintiff brings suit in response to a
10drug-induced abortion and is unable to identify the specific
11manufacturer of the abortion-inducing drug that caused the
12death or injury, liability shall be apportioned among all
13manufacturers of abortion-inducing drugs in proportion to
14each manufacturer’s share of the market for abortion-inducing
15drugs. A person may bring an action no later than six years
16from the date the cause of action accrues. Waiver of the
17right to sue is void as against public policy and shall not be
18enforceable in any court. It is an affirmative defense if a
19person sued under this Code section was unaware that the person
20was engaged in the conduct described in this Code section, and
21took every reasonable precaution to ensure that the person
22would not manufacture, mail, distribute, transport, deliver,
23provide, or aid or abet the manufacture, mailing, distribution,
24transportation, delivery, or provision of abortion-inducing
25drugs. The defendant has the burden of proving an affirmative
26defense by a preponderance of the evidence. The Code section
27shall not be construed to impose liability on constitutionally
28protected speech or conduct.
29New Code section 146E.7 provides for qui tam enforcement
30for certain violations under the bill. A person, other than a
31governmental entity or an officer or employee of a governmental
32entity, has standing to bring and may bring a qui tam action
33against any person that violates any provision of new Code
34section 146E.3 (elective abortion prohibitions), 146E.4
35(abortion-inducing drugs prohibitions), or 146E.14 (government
-40-1contractors and grant recipients); or any person who intends
2to violate any provision of those Code sections. A civil
3action shall not be brought under the Code section against
4the pregnant woman or formerly pregnant woman upon whom an
5elective abortion was performed or induced or attempted to be
6performed or induced or against a pregnant woman who intends
7or who seeks an elective abortion in violation of the new Code
8chapter; against any person that performs, aids or abets, or
9attempts to perform or aid or abet an elective abortion at
10the behest of a federal agency, contractor, or employee that
11is carrying out duties under federal law, if a prohibition on
12that elective abortion would violate the doctrine of preemption
13or intergovernmental immunity; against a common carrier that
14transports a pregnant woman to an abortion provider, if the
15common carrier is unaware that the pregnant woman intends to
16abort the pregnant woman’s unborn child; against a provider
17or user of an interactive computer service if such a lawsuit
18would be preempted by federal law; or by a person who, through
19an act of sexual assault or incest, impregnated a woman who is
20seeking an elective abortion or a person who acts in concert
21or participation with the person who impregnated the woman.
22An action shall be brought in the name of the person and of
23the state. A plaintiff who prevails in an action under this
24Code section shall be awarded injunctive relief, nominal and
25compensatory damages if the plaintiff has suffered injury or
26harm from the defendant’s conduct, civil penalties of not
27less than $10,000 for each violation, and court costs and
28reasonable attorney fees. A person may bring an action no
29later than six years from the date the cause of action accrues.
30It is an affirmative defense if a person sued was unaware
31that the person was engaged in the specified conduct and took
32every reasonable precaution to ensure that the person would
33not be in violation of the specified provisions of the bill.
34The Code section shall not be construed to impose liability
35on constitutionally protected speech or conduct. A court
-41-1shall not award court costs or reasonable attorney fees to a
2defendant. A person bringing an action is entitled to receive
325 percent of the civil penalties recovered, with the remaining
4civil penalties paid to the state. The state is not liable for
5expenses that a person incurs in bringing an action.
6New Code section 146E.8 provides for qui tam enforcement
7for violations relating to interactive computer services. The
8Code section provides that a person, other than a governmental
9entity or an officer or employee of a governmental entity,
10has standing to bring and may bring a qui tam action against
11a person that provides or maintains an interactive computer
12service that allows Iowa residents to access information or
13material that assists or facilitates efforts to obtain elective
14abortions or abortion-inducing drugs; provides or maintains
15a platform for downloading any application or software for
16use on a computer or electronic device that is designed to
17assist or facilitate efforts to obtain elective abortions or
18abortion-inducing drugs; or provides or maintains a platform
19that allows or enables those who provide or aid or abet
20elective abortions, or those who manufacture, mail, distribute,
21transport, deliver, or provide abortion-inducing drugs, to
22collect money, digital currency, resources, or any other thing
23of value in exchange for such services.
24An action under new Code section 146E.8 shall be brought in
25the name of the person and the state. A prevailing plaintiff
26shall only be awarded declaratory and injunctive relief, not
27damages. Relief shall not be awarded if the action is brought
28in response to the exercise of state or federal constitutional
29rights that belong personally to the defendant; conduct taken
30at the behest of a federal agency, contractor, or employee
31that is carrying out duties under federal law, if the relief
32would violate the doctrine of preemption or intergovernmental
33immunity; or conduct taken by a pregnant woman or formerly
34pregnant woman who aborted or attempted to abort such woman’s
35unborn child, if such woman is the named defendant in the civil
-42-1action.
2Under new Code section 146E.8, it is an affirmative
3defense if a person who sued was unaware that the person’s
4interactive computer service or platform was being used to
5assist or facilitate efforts to obtain elective abortions
6or abortion-inducing drugs; and upon discovering that the
7person’s interactive computer service or platform was being
8used to assist or facilitate such efforts, the person took
9prompt action to block access to any information, material,
10application, or software and to block those who provide or aid
11or abet elective abortions and those who manufacture, mail,
12distribute, transport, deliver, or provide abortion-inducing
13drugs, from collecting money, digital currency, resources,
14or any other thing of value in exchange for such services
15through its interactive computer service or platform. The
16defendant has the burden of proving an affirmative defense by
17a preponderance of the evidence. A person who engages in the
18violative conduct shall not be held vicariously liable for
19any nominal, statutory, or compensatory damages incurred by
20another information content provider; held liable or legally
21responsible for the conduct of any publisher or speaker of any
22information provided by another information content provider;
23or treated as the speaker or publisher of any information
24provided by another information content provider under any
25provision of state law.
26New Code section 146E.8 shall be enforced exclusively
27through the qui tam action and direct or indirect enforcement
28of this Code section shall not be taken or threatened.
29However, the Code section does not preclude or limit the
30enforcement of any other law or regulation against conduct that
31is independently prohibited by such other law or regulation,
32and that would remain prohibited by such other law or
33regulation in the absence of the Code section.
34Under new Code section 146E.8, a provider or user of
35an interactive computer service shall have absolute and
-43-1nonwaivable immunity from liability or suit on account of
2an action taken to restrict access to or availability of
3information or material that assists or facilitates access to
4elective abortions or abortion-inducing drugs, whether or not
5such information or material is constitutionally protected; an
6action taken to enable or make available to information content
7providers or others the technical means to restrict access
8to information or material described in the Code section;
9or a denial of service to those who provide or aid or abet
10elective abortions, or those who manufacture, mail, distribute,
11transport, deliver, or provide abortion-inducing drugs. The
12state is not liable for expenses that a person incurs in
13bringing an action under the Code section.
14New Code section 146E.9 provides affirmative defenses for
15a defendant against whom an action is brought under new Code
16section 146E.6 (liability for wrongful death and personal
17injury — abortion-inducing drugs), 146E.7 (qui tam enforcement
18for certain violations), or 146E.8 (qui tam enforcement —
19interactive computer services). The defendant must prove
20the affirmative defense by a preponderance of the evidence.
21The Code section does not limit or preclude a defendant
22from asserting the unconstitutionality of any provision or
23application of state law as a defense or from asserting any
24other defense that might be available under any other source
25of law. A court shall not apply the law of another state or
26jurisdiction to any civil action brought under the specified
27Code sections, unless otherwise required by law.
28New Code section 146E.10 specifies the defenses that are
29not applicable to an action brought under Code section 146E.4
30(liability for wrongful death and personal injury — elective
31abortion), 146E.6, or 146E.7.
32New Code section 146E.11 includes venue provisions and
33provides that if an action is brought under new Code section
34146E.6, 146E.7, or 146E.8, the action shall not be transferred
35to a different venue without the written consent of all
-44-1parties.
2New Code section 146E.12 includes provisions relating
3to personal jurisdiction, choice of law, and class action
4lawsuits. The Code section provides that the courts of this
5state shall have personal jurisdiction over any defendant sued
6under Code section 146E.4, 146E.6, 146E.7, or 146E.8; Iowa law
7shall apply to these actions, and such civil actions shall not
8be litigated on behalf of a plaintiff class or a defendant
9class, and a court shall not certify a class in any civil
10action brought under these Code sections.
11New Code section 146E.13 provides protection from counter
12lawsuits by providing that when a lawsuit has been brought or a
13judgment entered against a person in any state or federal court
14in which the lawsuit or liability in whole or in part is based
15on that person’s decision or threat to bring an action under
16Code section 146E.6, 146E.7, or 146E.8, that person may recover
17damages from any party that brought the action, obtained the
18judgment, or sought to enforce the judgment. Recoverable
19damages include compensatory damages; court costs, expenses,
20and reasonable attorney fees incurred in bringing an action
21to recover the costs; and additional statutory damages in an
22amount of not less than $100,000.
23New Code section 146E.14 relates to government contractors
24and grant recipients and qui tam libability. The Code section
25provides that a person that enters into a contract with a
26governmental entity or a subcontract with a contractor of a
27governmental entity, or that receives any grant or funding
28from a governmental entity shall not pay for, reimburse, or
29subsidize in any way the costs associated with an elective
30abortion including by providing coverage of elective abortions
31as an employee benefit; paying for, reimbursing, or subsidizing
32the travel costs associated with obtaining an elective
33abortion, or covering those costs as an employee benefit;
34donating or lending money, digital currency, resources, or any
35other thing of value to an abortion provider, abortion fund,
-45-1or an affiliate of an abortion provider, either directly or
2by laundering the donation or loan through an intermediary;
3offering, providing, or lending money, digital currency,
4resources, or any other thing of value with the knowledge
5that the thing of value will be used to pay for, offset, or
6reimburse the costs of an elective abortion or the costs
7associated with procuring an elective abortion; performing or
8providing any type of work or service for an abortion provider,
9abortion fund, or an affiliate of an abortion provider,
10regardless of whether such work or service is done on a paid,
11contract, or volunteer basis, except for the provision of basic
12public services in the same manner as the governmental entity
13or common carrier provides the services to the general public;
14paying, offering to pay, or providing insurance that covers
15legal expenses, court judgments, or settlements of those who
16violate the abortion laws of the United States, or the abortion
17laws of any state, local, or foreign jurisdiction; or engaging
18in any conduct that would constitute aiding and abetting an
19elective abortion. Additionally, a person shall not enter into
20the specified contracts or receive any grant or funding from
21a governmental entity, unless the person certifies in writing
22that the person complies with the requirements. A person who
23violates this Code section is subject to qui tam liability as
24provided in new Code section 146E.7.
25New Code section 146E.15 relates to internet service
26providers. The Code section provides that an internet service
27provider that provides service in the state shall make all
28reasonable and technologically feasible efforts to block access
29to child pornography as defined in federal law and information
30or material that is intended to assist or facilitate efforts to
31obtain elective abortions or abortion-inducing drugs. A person
32who becomes aware that information or material described is
33accessible through internet service provided by an entity that
34provides internet service in the state may notify that internet
35service provider and request that the internet service provider
-46-1block access to the information or material through any means
2specified in the bill. While direct or indirect enforcement
3shall not be taken or threatened by a governmental entity or by
4any officer or employee of a governmental entity, the state,
5its political subdivisions, and officers and employees of the
6state and its political subdivisions may ask or encourage
7internet service providers to comply with the provisions of the
8Code section. An internet service provider shall have absolute
9and nonwaivable immunity from liability or suit on account of
10an action taken to comply with the requirements of the Code
11section, or to restrict access to or availability of any of
12the information or material described in the Code section; an
13action taken to enable or make available to information content
14providers or others the technical means to restrict access to
15information or material described in the Code section; or a
16denial of service to those who use or seek to use the internet
17to make available information or material described in the
18Code section. If a lawsuit is brought or a judgment entered
19against an internet service provider in any state or federal
20court based on the internet service provider’s compliance with
21the Code section, the internet service provider may recover
22costs related to the action as well as compensatory damages and
23statutory damages of not less than $100,000.
24New Code section 146E.16 relates to internet service in
25publicly owned buildings, public libraries, school district
26locations, and institutions of higher education relative to
27access to certain information. A publicly owned building in
28the state that provides internet service shall be equipped to
29operate a technology protection measure with respect to each
30of the computers with internet access in the publicly owned
31building that protects against access through those computers
32to child pornography as defined in federal law and information
33or material that is intended to assist or facilitate efforts
34to obtain elective abortions or abortion-inducing drugs,
35including through interactive computer services. A person who
-47-1becomes aware that information or material described in the
2Code section is accessible through internet service provided by
3a government-owned building, public library, school district
4location, or location of an institution of higher education
5governed by the state board of regents may notify an authority
6with control over the building and request that the authority
7block access to that information or material. The authority
8may disable a technology protection measure that blocks the
9information specified under subsection 1 to enable access for
10bona fide research or other lawful purposes.
11New Code section 146E.17 relates to governmental entities
12and political subdivisions and prohibitions relating to
13elective abortion and taxpayer resource transactions. A
14political subdivision may enact and enforce ordinances
15regulating, restricting, or prohibiting elective abortion and
16conduct that aids or abets elective abortion. A provision
17of state law shall not be construed to limit a political
18subdivision from enacting or enforcing ordinances regulating,
19restricting, or prohibiting elective abortion and conduct
20that aids or abets elective abortion, unless it clearly
21and explicitly does so with specific reference to the Code
22section. The Code section also prohibits a governmental
23entity from entering into a taxpayer resource transaction with
24an abortion fund, an abortion provider, an affiliate of an
25abortion provider, or a person who pays for, reimburses, or
26subsidizes in any way the costs associated with an elective
27abortion unless required to do so by federal law or as a
28condition of receiving federal funds. A person has standing
29to bring and may bring a qui tam action against any person
30that enacts, issues, enforces, or attempts to enforce any
31ordinance, order, rule, directive, requirement, or written or
32unwritten policy described in the Code section or that enters
33into a taxpayer resource transaction described in the Code
34section. An action under the Code section shall be brought
35in the name of the person and the state. A plaintiff who
-48-1prevails in a qui tam action brought under the Code section
2shall recover and be granted declaratory and injunctive relief,
3nominal and compensatory damages if the plaintiff has suffered
4injury or harm from the defendant’s conduct, civil penalties
5in an amount of not less than $10,000 for each policy that
6violates the Code section and for each prohibited taxpayer
7resource transaction, and court costs and reasonable attorney
8fees. Sovereign immunity, governmental immunity, and official
9immunity are waived and abrogated in any lawsuit brought under
10the Code section and shall not be asserted as a defense. A
11person bringing an action under the Code section is entitled
12to receive 25 percent of the civil penalties recovered, with
13the remainder paid to the state. The state is not liable for
14expenses that a person incurs in bringing an action under the
15Code section.
16New Code section 146E.18 relates to persons qualified to
17perform services under the Medicaid program. The Code section
18provides that a person engaged in a pattern of racketeering
19activity as defined in federal law, a person that performs
20or participates in an elective abortion in violation of Iowa
21law or the law of another state, and an abortion provider
22or affiliate of an abortion provider are not deemed persons
23qualified to perform the service or services as described in
24federal law under the Medicaid program. The state and its
25officers and employees have sovereign immunity in any lawsuit
26brought to restrain the state and its officers and employees
27from enforcing the Code section. An attorney representing the
28state, its political subdivisions, or any officer or employee
29of the state or a political subdivision shall not waive the
30immunity described in the Code section or take any action that
31would result in a waiver of that immunity, and any such action
32or purported waiver shall be a legal nullity and an ultra vires
33act.
34New Code section 146E.19 relates to the costs of lawsuits
35for injunctive or declaratory relief relating to restrictions
-49-1on elective abortions. The bill provides that a person that
2seeks declaratory or injunctive relief to prevent the state,
3a political subdivision, an officer or employee of the state
4or a political subdivision, or any person in this state
5from enforcing or bringing suit to enforce any type of law
6that regulates or restricts elective abortion or that limits
7taxpayer funding for a person that performs or promotes an
8elective abortion, in any state or federal court, or that
9represents any litigant seeking relief in any state or federal
10court, is jointly and severally liable to pay the court
11costs and reasonable attorney fees of the prevailing party,
12including the court costs and reasonable attorney fees that the
13prevailing party incurs in the prevailing party’s efforts to
14recover such court costs and reasonable attorney fees. The
15Code section specifies what constitutes a prevailing party,
16limitations on the costs that may be recovered, allows for an
17action to recover the costs not later than three years from the
18date on which the dismissal or judgment becomes final on the
19conclusion of appellate review or from the time for seeking
20appellate review expires. The Code section provides the forum
21in which action may be brought and prohibits any contractual
22choice-of-forum provision that purports to require a civil
23action to be litigated in a forum other than that specified
24shall be void as against public policy, and shall not be
25enforced in any state or federal court. If a civil action
26is brought under the Code section in any one of the venues
27described, the action shall not be transferred to a different
28venue without the written consent of all parties.
29New Code section 146E.20 relates to immunity from suit
30and limits on state court jurisdiction. The state, its
31political subdivisions, an officer and employee of the state
32or a political subdivision shall have sovereign immunity,
33governmental immunity, and official immunity, as applicable,
34in any action, claim, counterclaim, or any type of legal or
35equitable action that challenges the validity of any provision
-50-1or application of the new Code chapter, or that seeks to
2prevent or enjoin the state, its political subdivisions, or any
3officer or employee of this state or a political subdivision
4from enforcing any provision or application of the new Code
5chapter, or from hearing, adjudicating, or docketing a civil
6action brought under new Code sections 146E.6, 146E.7, or
7146E.8, unless that immunity has been abrogated or preempted
8by federal law. The immunities conferred shall apply in every
9court, both state and federal, and in every adjudicative
10proceeding of any type. State law shall not be construed to
11waive or abrogate an immunity described unless the provision in
12state law expressly waives or abrogates immunity with specific
13reference to the Code section. An attorney representing the
14state, its political subdivisions, or any officer or employee
15of the state or a political subdivision shall not waive an
16immunity described or take any action that would result in
17a waiver of that immunity, and any such action or purported
18waiver shall be a legal nullity and an ultra vires act. A court
19of this state shall not award declaratory or injunctive relief
20or any type of writ that would pronounce any provision or
21application of the Code chapter invalid or unconstitutional, or
22that would restrain the state, its political subdivisions, any
23officer or employee of this state or a political subdivision,
24or any person from enforcing any provision or application of
25the new Code chapter, or from hearing, adjudicating, docketing,
26or filing a civil action brought under new Code section 146E.6,
27146E.7, or 146E.8, and a court of this state shall not have
28jurisdiction to consider any action, claim, or counterclaim
29that seeks such relief.
30Under new Code section 146E.20, any judicial relief issued
31by a court of this state that disregards the immunities
32conferred or the jurisdictional limitations specified shall
33be a legal nullity due to lack of jurisdiction, and shall
34not be enforced or obeyed by any officer or employee of this
35state or a political subdivision, judicial or otherwise.
-51-1Any injunction, declaratory judgment, or writ issued by a
2court of this state that purports to restrain the state,
3its political subdivisions, an officer or employee of this
4state or a political subdivision, or any person from hearing,
5adjudicating, docketing, or filing a civil action brought under
6new Code section 146E.6, 146E.7, or 146E.8, shall be a legal
7nullity and a violation of the due process clause and shall not
8be enforced or obeyed by any officer or employee of this state
9or a political subdivision, judicial or otherwise. Any officer
10or employee of this state or a political subdivision, judicial
11or otherwise, who issues, enforces, or obeys an injunction,
12declaratory judgment, or writ described shall be subject to
13suit by any person who is prevented from or delayed in bringing
14a civil action, and a plaintiff who prevails in such an action
15shall be awarded and recover injunctive relief, compensatory
16damages, punitive damages of not less than $100,000, and court
17costs and reasonable attorney fees.
18New Code section 146E.20 provides that a person who
19violates the provisions relating to immunities conferred or
20the jurisdictional limitations specified is prohibited from
21asserting and being entitled to any type of immunity defense,
22being indemnified for any award of damages or court costs and
23reasonable attorney fees entered against the person or for
24the costs of the person’s legal defense, and receiving or
25obtaining legal representation from the attorney general in any
26action brought under the Code section. Any person who sues and
27seeks any injunction, declaratory judgment, or writ that would
28restrain any person from hearing, adjudicating, docketing, or
29filing a civil action brought under new Code section 146E.6,
30146E.7, or 146E.8 shall pay the court costs and reasonable
31attorney fees of the person sued.
32New Code section 146E.21 relates to the application of the
33Code chapter to pregnant women by providing that the Code
34chapter shall not be construed to subject a pregnant woman
35or formerly pregnant woman on whom an elective abortion was
-52-1performed or attempted to be performed to any civil or criminal
2action or any type of criminal or civil penalty or liability
3under the new Code chapter.
4The bill provides severability provisions.
5The bill takes effect upon enactment.
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