Bill Text: IA SF118 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act establishing religious conscience protections for employers regarding the provision of health insurance or benefit coverages that include abortion and certain contraceptive services.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2015-02-03 - Subcommittee, Dotzler, Bertrand, and Bisignano. S.J. 207. [SF118 Detail]
Download: Iowa-2015-SF118-Introduced.html
Senate File 118 - Introduced SENATE FILE BY ZAUN, JOHNSON, ANDERSON, ROZENBOOM, and GUTH A BILL FOR 1 An Act establishing religious conscience protections for 2 employers regarding the provision of health insurance 3 or benefit coverages that include abortion and certain 4 contraceptive services. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1851XS (3) 86 pf/rj PAG LIN 1 1 Section 1. NEW SECTION. 91F.1 Employer religious conscience 1 2 protections ==== certain health benefit coverages. 1 3 1. As used in this chapter: 1 4 a. "Employee" means a natural person who is employed in this 1 5 state for wages paid on an hourly basis by an employer. 1 6 b. "Employer" means a person, as defined in section 4.1, who 1 7 in this state employs for wages one or more natural persons. 1 8 "Employer" includes an employer's governing authority or 1 9 natural persons controlling the employer's business activities. 1 10 "Employer" does not include a client, patient, customer, or 1 11 other person who obtains professional services from a licensed 1 12 person who provides the services on a fee service basis or 1 13 as an independent contractor, or the state, or an agency or 1 14 governmental subdivision of the state. 1 15 2. An employer shall not be required in this state under the 1 16 federal Patient Protection and Affordable Care Act, codified in 1 17 part at 42 U.S.C. {300gg=13(a)(1)=(4), to provide abortion or 1 18 certain contraceptive health insurance or benefit coverages for 1 19 employees or employees' dependents if doing so would cause the 1 20 employer to violate a sincerely held religious belief to which 1 21 the employer subscribes. 1 22 3. Refusal to provide the specific health insurance or 1 23 benefit coverages described in subsection 2 shall not result in 1 24 either of the following: 1 25 a. Creation of any civil claim or cause of action or any 1 26 criminal charge against an employer acting in accordance with 1 27 this section. 1 28 b. An adverse action by the state or a political 1 29 subdivision, under any law of the state or a political 1 30 subdivision, to penalize or withhold benefits from an employer 1 31 acting in accordance with this section including but not 1 32 limited to tax exemptions or deductions; or government 1 33 contracts, grants, agreements, loans, certifications, 1 34 accreditations, employment or licenses, or similar position or 1 35 status. 2 1 4. An employer may assert a violation of this section 2 2 as a claim or defense in a judicial proceeding and obtain 2 3 compensatory damages, injunctive relief, declaratory relief, or 2 4 any other appropriate relief, court costs, and attorney fees. 2 5 5. A county attorney or the attorney general may bring an 2 6 action for injunctive or declaratory relief to enforce this 2 7 section. 2 8 6. This section shall not be construed to deny or affect any 2 9 right or authority of the attorney general or of any agency, 2 10 agent, officer, or employee of the state to institute or 2 11 intervene in any proceeding relating to this section. 2 12 7. This section is intended to further the compelling 2 13 governmental interest of protecting the free exercise of 2 14 religion under Article I, sections 3 and 4 of the Constitution 2 15 of the State of Iowa, and the first amendment to the 2 16 Constitution of the United States, and shall be liberally 2 17 construed to effectuate this intent. 2 18 EXPLANATION 2 19 The inclusion of this explanation does not constitute agreement with 2 20 the explanation's substance by the members of the general assembly. 2 21 This bill provides religious conscience protections 2 22 for employers regarding the provision of health insurance 2 23 or benefit coverages that include abortion and certain 2 24 contraceptive services. 2 25 The bill provides that an employer shall not be required to 2 26 provide abortion or certain contraceptive health insurance or 2 27 benefit coverages for employees or employees' dependents if 2 28 doing so would cause the employer to violate a sincerely held 2 29 religious belief to which the employer subscribes. The bill 2 30 defines "employer" to include an employer's governing authority 2 31 or natural persons controlling the employer's business 2 32 activities. 2 33 The bill provides that refusal to provide such health 2 34 insurance or benefit coverages if in accordance with the bill, 2 35 shall not result in creation of any civil claim or cause of 3 1 action or any criminal charge against an employer acting in 3 2 accordance with the bill; or an adverse action by the state 3 3 or a political subdivision, under any law of the state or a 3 4 political subdivision, to penalize or withhold benefits from 3 5 an employer acting in accordance with the bill including but 3 6 not limited to tax exemptions or deductions; or government 3 7 contracts, grants, agreements, loans, certifications, 3 8 accreditations, employment or licenses, or similar position or 3 9 status. 3 10 An individual or entity may assert a violation of the 3 11 bill as a claim or defense in a judicial proceeding and 3 12 obtain compensatory damages, injunctive relief, declaratory 3 13 relief, or any other appropriate relief, court costs, and 3 14 attorney fees. The bill provides that a county attorney or 3 15 the attorney general may bring an action for injunctive or 3 16 declaratory relief to enforce the bill and nothing in the bill 3 17 is to be construed to deny or affect any right or authority 3 18 of the attorney general, or any agency, agent, officer, 3 19 or employee of the state to institute or intervene in any 3 20 proceeding. The bill provides that it is intended to further 3 21 the compelling governmental interest of protecting the free 3 22 exercise of religion under Article I, sections 3 and 4 of the 3 23 Constitution of the State of Iowa, and the first amendment to 3 24 the Constitution of the United States, and is to be liberally 3 25 construed to effectuate this intent. LSB 1851XS (3) 86 pf/rj
