Bill Text: IA SF212 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act prohibiting discrimination against adoption and foster care providers, or adoptive and foster parents, based on religious belief.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-23 - Subcommittee recommends passage. []. [SF212 Detail]
Download: Iowa-2023-SF212-Introduced.html
Senate
File
212
-
Introduced
SENATE
FILE
212
BY
GREEN
A
BILL
FOR
An
Act
prohibiting
discrimination
against
adoption
and
foster
1
care
providers,
or
adoptive
and
foster
parents,
based
on
2
religious
belief.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
216G.1
Definitions.
1
For
purposes
of
this
chapter
and
unless
otherwise
required
2
by
context:
3
1.
“Adoption
or
foster
care”
or
“adoption
or
foster
care
4
service”
means
social
services
provided
to
or
on
behalf
of
5
children,
including
any
of
the
following:
6
a.
Promoting
foster
parenting.
7
b.
Providing
foster
homes,
residential
care,
group
homes,
or
8
temporary
group
shelters
for
children.
9
c.
Recruiting
foster
parents.
10
d.
Placing
children
in
foster
homes.
11
e.
Licensing
or
certifying
foster
homes.
12
f.
Promoting
adoption
or
recruiting
adoptive
parents.
13
g.
Assisting
adoptions
or
supporting
adoptive
families.
14
h.
Performing
or
assisting
home
studies.
15
i.
Assisting
kinship
guardianships
or
kinship
caregivers.
16
j.
Providing
family
preservation
services.
17
k.
Providing
family
support
services.
18
2.
“Discriminatory
action”
means
any
action
taken
by
19
the
state
government
to
do
any
of
the
following
to
a
person
20
referred
to
in
section
216G.2,
on
the
basis
described
in
21
section
216G.2:
22
a.
Alter
the
tax
treatment
of,
or
cause
a
tax,
penalty,
23
or
payment
to
be
assessed
against,
or
deny,
delay,
revoke,
or
24
otherwise
make
unavailable
an
exemption
from
taxation
of,
the
25
person.
26
b.
Disallow,
deny,
or
otherwise
make
unavailable
a
deduction
27
for
state
tax
purposes
of
a
charitable
contribution
made
to
or
28
by
the
person.
29
c.
Withhold,
reduce,
exclude,
terminate,
materially
alter
30
the
terms
or
conditions
of,
or
otherwise
make
unavailable
31
or
deny
a
state
grant,
contract,
subcontract,
cooperative
32
agreement,
guaranty,
loan,
scholarship,
or
other
similar
33
benefit
from
or
to
the
person.
34
d.
Withhold,
reduce,
exclude,
terminate,
adversely
alter
the
35
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terms
or
conditions
of,
or
otherwise
make
unavailable
or
deny
1
an
entitlement
or
benefit
under
a
state
benefit
program
from
2
or
to
the
person.
3
e.
Impose,
levy,
or
assess
a
monetary
fine,
fee,
penalty,
4
damages
award,
or
injunction
against
the
person.
5
f.
Withhold,
reduce,
exclude,
terminate,
materially
alter
6
the
terms
or
conditions
of,
or
otherwise
make
unavailable
or
7
deny
a
license,
certification,
accreditation,
custody
award
8
or
agreement,
diploma,
grade,
recognition,
or
other
similar
9
benefit,
position,
or
status
from
or
to
the
person.
10
g.
Refuse
to
hire
or
promote,
force
to
resign,
fire,
demote,
11
sanction,
discipline,
adversely
alter
the
terms
or
conditions
12
of
employment,
or
retaliate
or
take
other
adverse
employment
13
action
against
the
person
if
employed
or
commissioned
by
the
14
state
government.
15
3.
“State
benefit
program”
means
any
program
administered,
16
controlled,
or
funded
by
the
state
government,
or
by
any
agent
17
on
behalf
of
the
state
government,
providing
cash,
payments,
18
grants,
contracts,
loans,
or
in-kind
assistance.
19
4.
“State
government”
means
any
of
the
following:
20
a.
The
state
or
a
political
subdivision
of
the
state.
21
b.
Any
agency
of
the
state
or
of
a
political
subdivision
of
22
the
state,
including
a
department,
bureau,
board,
commission,
23
council,
or
court.
24
c.
Any
city,
county,
township,
or
other
municipal
government
25
in
the
state.
26
d.
Any
person
acting
under
color
of
state
law.
27
e.
Any
private
person
suing
under
or
attempting
to
enforce
28
a
law,
rule,
or
regulation
adopted
by
the
state
or
a
political
29
subdivision
of
the
state.
30
Sec.
2.
NEW
SECTION
.
216G.2
Protections.
31
1.
The
state
government
shall
not
take
any
discriminatory
32
action
against
a
person
that
advertises,
provides,
or
33
facilitates
adoption
or
foster
care,
wholly
or
partially
on
34
the
basis
that
the
person
has
provided
or
declined
to
provide
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any
adoption
or
foster
care
service,
or
related
service,
based
1
on
or
in
a
manner
consistent
with
a
sincerely
held
religious
2
belief.
3
2.
The
state
government
shall
not
take
any
discriminatory
4
action
against
a
person
who
the
state
grants
custody
of
a
5
foster
or
adoptive
child,
or
a
person
who
seeks
from
the
state
6
custody
of
a
foster
or
adoptive
child,
wholly
or
partially
on
7
the
basis
that
the
person
guides,
instructs,
or
raises
a
child,
8
or
intends
to
guide,
instruct,
or
raise
a
child,
based
on
or
9
in
a
manner
consistent
with
a
sincerely
held
religious
belief,
10
provided,
however,
that
the
state
government
may
consider
11
whether
a
person
shares
the
same
religion
or
faith
tradition
as
12
a
foster
or
adoptive
child
when
considering
placement
of
the
13
child
in
order
to
prioritize
placement
with
a
person
of
the
14
same
religion
or
faith
tradition.
15
Sec.
3.
NEW
SECTION
.
216G.3
Required
considerations.
16
1.
The
state
government
shall
consider
accredited,
17
licensed,
or
certified
any
person
that
advertises,
provides,
18
or
facilitates
adoption
or
foster
care
that
would
otherwise
19
be
accredited,
licensed,
or
certified,
respectively,
for
any
20
purposes
under
state
law
but
for
a
determination
against
21
such
person
wholly
or
partially
on
the
basis
that
the
person
22
believes,
maintains
policies
and
procedures,
or
acts
in
23
accordance
with
a
sincerely
held
religious
belief.
24
2.
The
state
government
shall
consider
any
person
that
25
advertises,
provides,
or
facilitates
adoption
or
foster
care
26
for
a
contract,
grant,
or
agreement
that
would
otherwise
be
27
considered
for
a
contract,
grant,
or
agreement
but
for
a
28
determination
against
such
person
wholly
or
partially
on
the
29
basis
that
the
person
maintains
policies
and
procedures,
or
30
acts
in
accordance
with
a
sincerely
held
religious
belief.
31
Sec.
4.
NEW
SECTION
.
216G.4
Claim
or
defense
against
state
32
action.
33
1.
A
person
may
assert
a
violation
of
this
chapter
as
34
a
claim
against
the
state
government
in
any
judicial
or
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administrative
proceeding
or
as
a
defense
in
any
judicial
1
or
administrative
proceeding
without
regard
to
whether
2
the
proceeding
is
brought
by
or
in
the
name
of
the
state
3
government,
any
private
person,
or
any
other
party.
4
2.
Notwithstanding
any
other
provision
of
law
to
the
5
contrary,
an
action
under
this
chapter
may
be
commenced,
and
6
relief
may
be
granted,
without
regard
to
whether
the
person
7
commencing
the
action
has
sought
or
exhausted
available
8
administrative
remedies.
9
Sec.
5.
NEW
SECTION
.
216G.5
Remedies.
10
A
person
who
successfully
asserts
a
claim
or
defense
under
11
this
chapter
may
recover
declaratory
relief,
injunctive
relief
12
to
prevent
or
remedy
a
violation
of
this
chapter
or
the
effects
13
of
such
a
violation,
compensatory
damages,
reasonable
attorney
14
fees
and
costs,
and
any
other
appropriate
relief.
Only
15
declaratory
relief
and
injunctive
relief
shall
be
available
16
against
a
private
person
not
acting
under
color
of
state
law
17
upon
a
successful
assertion
of
a
claim
or
defense
under
this
18
chapter.
19
Sec.
6.
NEW
SECTION
.
216G.6
Immunity
waived.
20
Sovereign,
governmental,
and
qualified
immunities
to
suit
21
and
from
liability
are
waived
and
abolished
for
purposes
of
22
liability
created
by
this
chapter
and
a
person
may
sue
the
23
state
government,
except
state
courts,
for
damages
allowed
by
24
section
216G.5.
25
Sec.
7.
NEW
SECTION
.
216G.7
Limitation
period.
26
A
person
must
bring
an
action
to
assert
a
claim
under
this
27
chapter
not
later
than
two
years
after
the
date
the
person
knew
28
or
should
have
known
that
a
discriminatory
action
was
taken
29
against
that
person.
30
Sec.
8.
NEW
SECTION
.
216G.8
Rules
of
construction.
31
1.
This
chapter
shall
be
construed
in
favor
of
a
broad
32
protection
of
free
exercise
of
religious
beliefs,
to
the
33
maximum
extent
permitted
by
terms
of
this
chapter
and
the
34
Constitution
of
the
State
of
Iowa
and
the
Constitution
of
the
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United
States.
1
2.
The
protection
of
free
exercise
of
religious
beliefs
2
afforded
by
this
chapter
are
in
addition
to
the
protections
3
provided
under
federal
law,
state
law,
and
the
Constitution
of
4
the
State
of
Iowa
and
the
Constitution
of
the
United
States.
5
Nothing
in
this
chapter
shall
be
construed
to
preempt
or
repeal
6
any
state
or
local
law
that
is
equally
or
more
protective
of
7
free
exercise
of
religious
beliefs,
to
narrow
the
meaning
or
8
application
of
any
state
or
local
law
protecting
free
exercise
9
of
religious
beliefs,
or
to
prevent
the
state
government
from
10
providing,
either
directly
or
through
an
individual
or
entity
11
not
seeking
protection
under
this
chapter,
any
benefit
or
12
service
authorized
under
state
law.
13
3.
This
chapter
applies
to
and,
in
cases
of
conflict,
14
supersedes
any
contrary
provision
of
law
that
impinges
upon
15
the
free
exercise
of
religious
beliefs
and
moral
convictions
16
protected
by
this
chapter,
unless
a
conflicting
provision
is
17
expressly
made
exempt
from
the
application
of
this
chapter.
18
This
chapter
also
applies
to
and,
in
cases
of
conflict,
19
supersedes
any
ordinance,
rule,
regulation,
order,
opinion,
20
decision,
practice,
or
other
exercise
of
the
state
government’s
21
authority
that
impinges
on
the
free
exercise
of
religious
22
beliefs
protected
by
this
chapter.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
prohibits
discrimination
against
adoption
and
27
foster
care
providers,
or
adoptive
and
foster
parents,
based
on
28
religious
belief.
29
The
bill
prohibits
state
government,
as
defined
in
the
30
bill,
from
taking
any
discriminatory
action,
as
defined
in
the
31
bill,
against
adoption
and
foster
care
providers,
or
adoptive
32
and
foster
parents,
based
on
their
sincerely
held
religious
33
beliefs.
The
bill
allows
a
person
to
assert
a
claim
or
defense
34
against
the
state
government
for
violating
the
bill
and
allows
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for
injunctive
relief,
damages,
and
attorney
fees
and
costs.
1
The
bill
waives
immunities
and
allows
state
government
to
be
2
sued
for
purposes
of
the
bill,
except
for
state
courts.
The
3
bill
provides
a
two-year
statute
of
limitation
from
the
date
4
the
person
knew
or
should
have
known
that
a
discriminatory
5
action
was
taken
against
the
person.
6
The
bill
specifies
how
the
bill
should
be
construed
and
7
provides
that
the
bill
supersedes
other
law
in
case
of
a
8
conflict.
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