Bill Text: IA HF2164 | 2017-2018 | 87th 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 11-0)

Status: (Introduced - Dead) 2018-01-31 - Introduced, referred to Judiciary. H.J. 177. [HF2164 Detail]

Download: Iowa-2017-HF2164-Introduced.html

---

House File 2164 - Introduced




                                 HOUSE FILE       
                                 BY  SALMON, WHEELER,
                                     SHEETS, BAXTER,
                                     GUSTAFSON, WATTS,
                                     GASSMAN, HOLT,
                                     HEARTSILL, FISHER,
                                     LANDON, and JACOBSEN

                                      A BILL FOR

  1 An Act relating to unfair practices involving access to areas
  2    of public accommodations or educational institutions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5919YH (3) 87
    asf/rj

PAG LIN



  1  1    Section 1.  Section 216.7, subsection 2, paragraph a, Code
  1  2 2018, is amended to read as follows:
  1  3    a.  Any bona fide religious institution with respect to any
  1  4 qualifications the institution may impose based on religion,
  1  5 sexual orientation, or gender identity when such qualifications
  1  6 are related to a bona fide religious purpose.
  1  7    Sec. 2.  Section 216.7, subsection 2, Code 2018, is amended
  1  8 by adding the following new paragraph:
  1  9    NEW PARAGRAPH.  c.  An action to refuse or deny access to a
  1 10 toilet facility, locker room, living facility, or other area of
  1 11 a public accommodation designated for use by persons of one sex
  1 12 to a person of the other sex.
  1 13    Sec. 3.  Section 216.9, subsection 2, Code 2018, is amended
  1 14 to read as follows:
  1 15    2.  For the purpose of this section, "educational
  1 16 institution" includes any preschool, elementary or secondary
  1 17 school, community college, area education agency, or
  1 18 postsecondary college or university and their governing boards.
  1 19 This section does not prohibit an educational institution
  1 20 from maintaining separate toilet facilities, locker rooms,
  1 21 or living facilities for the different sexes so long as
  1 22 comparable facilities are provided.  This section does not
  1 23 require an educational institution to allow access to toilet
  1 24 facilities, locker rooms, or living facilities designated for
  1 25 use by persons of one sex to a person of the other sex and
  1 26 does not allow the commission to pursue administrative or
  1 27 legal action against an educational institution that does not
  1 28 provide those rooms or facilities. Nothing in this section
  1 29 shall be construed as prohibiting any bona fide religious
  1 30 institution from imposing qualifications based on religion,
  1 31 sexual orientation, or gender identity when such qualifications
  1 32 are related to a bona fide religious purpose or any institution
  1 33 from admitting students of only one sex.
  1 34                           EXPLANATION
  1 35 The inclusion of this explanation does not constitute agreement with
  2  1 the explanation's substance by the members of the general assembly.
  2  2    This bill amends the Iowa civil rights Act of 1965 contained
  2  3 in Code chapter 216. Code sections 216.7 and 216.9 relate to
  2  4 unfair practices regarding access to public accommodations
  2  5 and educational institutions. Current law allows a bona fide
  2  6 religious institution to impose qualifications for access to
  2  7 such accommodations and educational institutions when such
  2  8 qualifications are related to a bona fide religious purpose.
  2  9 The bill removes the requirement that the qualifications be
  2 10 related to a bona fide religious purpose.
  2 11    The bill excludes an action to refuse or deny access to a
  2 12 toilet facility, locker room, living facility, or other area
  2 13 of a public accommodation designated for use by persons of one
  2 14 sex to a person of the other sex from the activities which
  2 15 constitute unfair or discriminatory practices by a public
  2 16 accommodation under Code chapter 216.
  2 17    The bill also provides that an educational institution
  2 18 is not required to allow access to toilet facilities, locker
  2 19 rooms, or living facilities designated for use by persons of
  2 20 one sex to a person of the other sex and provides that the civil
  2 21 rights commission may not pursue administrative or legal action
  2 22 against an educational institution that does not provide those
  2 23 rooms or facilities.
       LSB 5919YH (3) 87
       asf/rj