Bill Text: IA SF2153 | 2013-2014 | 85th General Assembly | Introduced

Iowa Senate Bill 2153 (Prior Session Legislation)

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: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2014-02-12 - Subcommittee, McCoy, Chapman, and Petersen. S.J. 246. [SF2153 Detail]

Download: Iowa-2013-SF2153-Introduced.html

Senate File 2153 - Introduced SENATE FILE 2153 BY ZAUN , JOHNSON , GUTH , BEHN , KAPUCIAN , ANDERSON , GARRETT , SEGEBART , FEENSTRA , ERNST , CHAPMAN , BOETTGER , SINCLAIR , and BERTRAND A BILL FOR An Act establishing religious conscience protections for 1 employers regarding the provision of health insurance 2 or benefit coverages that include abortion and certain 3 contraceptive services. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5923XS (3) 85 rj/rj

S.F. 2153 Section 1. NEW SECTION . 91F.1 Employer religious conscience 1 protections —— certain health benefit coverages. 2 1. As used in this chapter: 3 a. “Employee” means a natural person who is employed in this 4 state for wages paid on an hourly basis by an employer. 5 b. “Employer” means a person, as defined in chapter 4, who 6 in this state employs for wages one or more natural persons. 7 “Employer” includes an employer’s governing authority or 8 natural persons controlling the employer’s business activities. 9 “Employer” does not include a client, patient, customer, or 10 other person who obtains professional services from a licensed 11 person who provides the services on a fee service basis or 12 as an independent contractor, or the state, or an agency or 13 governmental subdivision of the state. 14 2. An employer shall not be required in this state under the 15 federal Patient Protection and Affordable Care Act, codified in 16 part at 42 U.S.C. §300gg-13(a)(1)-(4), to provide abortion or 17 certain contraceptive health insurance or benefit coverages for 18 employees or employees’ dependents if doing so would cause the 19 employer to violate a sincerely held religious belief to which 20 the employer subscribes. 21 3. Refusal to provide the specific health insurance or 22 benefit coverages described in subsection 2 shall not result in 23 either of the following: 24 a. Creation of any civil claim or cause of action or any 25 criminal charge against an employer acting in accordance with 26 this section. 27 b. An adverse action by the state or a political 28 subdivision, under any law of the state or a political 29 subdivision, to penalize or withhold benefits from an employer 30 acting in accordance with this section including but not 31 limited to tax exemptions or deductions; or government 32 contracts, grants, agreements, loans, certifications, 33 accreditations, employment or licenses, or similar position or 34 status. 35 -1- LSB 5923XS (3) 85 rj/rj 1/ 3

S.F. 2153 4. An employer may assert a violation of this section 1 as a claim or defense in a judicial proceeding and obtain 2 compensatory damages, injunctive relief, declaratory relief, or 3 any other appropriate relief, court costs, and attorney fees. 4 5. A county attorney or the attorney general may bring an 5 action for injunctive or declaratory relief to enforce this 6 section. 7 6. This section shall not be construed to deny or affect any 8 right or authority of the attorney general or of any agency, 9 agent, officer, or employee of the state to institute or 10 intervene in any proceeding relating to this section. 11 7. This section is intended to further the compelling 12 governmental interest of protecting the free exercise of 13 religion under Article I, sections 3 and 4 of the Constitution 14 of the State of Iowa, and the first amendment to the 15 Constitution of the United States, and shall be liberally 16 construed to effectuate this intent. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill provides religious conscience protections 21 for employers regarding the provision of health insurance 22 or benefit coverages that include abortion and certain 23 contraceptive services. 24 The bill provides that an employer shall not be required to 25 provide abortion or certain contraceptive health insurance or 26 benefit coverages for employees or employees’ dependents if 27 doing so would cause the employer to violate a sincerely held 28 religious belief to which the employer subscribes. The bill 29 defines “employer” to include an employer’s governing authority 30 or natural persons controlling the employer’s business 31 activities. 32 The bill provides that refusal to provide such health 33 insurance or benefit coverages if in accordance with the bill, 34 shall not result in creation of any civil claim or cause of 35 -2- LSB 5923XS (3) 85 rj/rj 2/ 3

S.F. 2153 action or any criminal charge against an employer acting in 1 accordance with the bill; or an adverse action by the state 2 or a political subdivision, under any law of the state or a 3 political subdivision, to penalize or withhold benefits from 4 an employer acting in accordance with the bill including but 5 not limited to tax exemptions or deductions; or government 6 contracts, grants, agreements, loans, certifications, 7 accreditations, employment or licenses, or similar position or 8 status. 9 An individual or entity may assert a violation of the 10 bill as a claim or defense in a judicial proceeding and 11 obtain compensatory damages, injunctive relief, declaratory 12 relief, or any other appropriate relief, court costs, and 13 attorney fees. The bill provides that a county attorney or 14 the attorney general may bring an action for injunctive or 15 declaratory relief to enforce the bill and nothing in the bill 16 is to be construed to deny or affect any right or authority 17 of the attorney general, or any agency, agent, officer, 18 or employee of the state to institute or intervene in any 19 proceeding. The bill provides that it is intended to further 20 the compelling governmental interest of protecting the free 21 exercise of religion under Article I, sections 3 and 4 of the 22 Constitution of the State of Iowa, and the first amendment to 23 the Constitution of the United States, and is to be liberally 24 construed to effectuate this intent. 25 -3- LSB 5923XS (3) 85 rj/rj 3/ 3