Bill Text: IA HF187 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to unfair practices involving access to areas of public accommodations or educational institutions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-01-22 - Introduced, referred to Judiciary. H.J. 186. [HF187 Detail]

Download: Iowa-2021-HF187-Introduced.html
House File 187 - Introduced HOUSE FILE 187 BY SALMON A BILL FOR An Act relating to unfair practices involving access to areas 1 of public accommodations or educational institutions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1125YH (5) 89 cm/jh
H.F. 187 Section 1. Section 216.7, subsection 2, paragraph a, Code 1 2021, is amended to read as follows: 2 a. Any bona fide religious institution with respect to any 3 qualifications the institution may impose based on religion, 4 sexual orientation, or gender identity when such qualifications 5 are related to a bona fide religious purpose . 6 Sec. 2. Section 216.7, subsection 2, Code 2021, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . c. An action to refuse or deny access to a 9 toilet facility, locker room, living facility, or other area of 10 a public accommodation designated for use by persons of one sex 11 to a person of the other sex. 12 Sec. 3. Section 216.9, subsection 2, Code 2021, is amended 13 to read as follows: 14 2. For the purpose of this section , “educational 15 institution” includes any preschool, elementary or secondary 16 school, community college, area education agency, or 17 postsecondary college or university and their governing boards. 18 This section does not prohibit an educational institution 19 from maintaining separate toilet facilities, locker rooms, 20 or living facilities for the different sexes so long as 21 comparable facilities are provided. This section does not 22 require an educational institution to allow access to toilet 23 facilities, locker rooms, or living facilities designated for 24 use by persons of one sex to a person of the other sex and 25 does not allow the commission to pursue administrative or 26 legal action against an educational institution that does not 27 provide those rooms or facilities. Nothing in this section 28 shall be construed as prohibiting any bona fide religious 29 institution from imposing qualifications based on religion, 30 sexual orientation, or gender identity when such qualifications 31 are related to a bona fide religious purpose or any institution 32 from admitting students of only one sex. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 1125YH (5) 89 cm/jh 1/ 2
H.F. 187 the explanation’s substance by the members of the general assembly. 1 This bill amends the Iowa civil rights Act of 1965 contained 2 in Code chapter 216. Code sections 216.7 and 216.9 relate to 3 unfair practices regarding access to public accommodations 4 and educational institutions. Current law allows a bona fide 5 religious institution to impose qualifications for access to 6 such accommodations and educational institutions when such 7 qualifications are related to a bona fide religious purpose. 8 The bill removes the requirement that the qualifications be 9 related to a bona fide religious purpose. 10 The bill excludes an action to refuse or deny access to a 11 toilet facility, locker room, living facility, or other area 12 of a public accommodation designated for use by persons of one 13 sex to a person of the other sex from the activities which 14 constitute unfair or discriminatory practices by a public 15 accommodation under Code chapter 216. 16 The bill also provides that an educational institution 17 is not required to allow access to toilet facilities, locker 18 rooms, or living facilities designated for use by persons of 19 one sex to a person of the other sex and provides that the civil 20 rights commission may not pursue administrative or legal action 21 against an educational institution that does not provide those 22 rooms or facilities. 23 -2- LSB 1125YH (5) 89 cm/jh 2/ 2
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