A bill for an act relating to the Iowa human life protection Act, providing for civil actions and civil penalties, and including effective date provisions.

House

File

666

-

Introduced

HOUSE

FILE

666

BY

SHIPLEY

,

THOMPSON

,

FETT

,

HENDERSON

,

CISNEROS

,

GERHOLD

,

HAYES

,

WENGRYN

,

and

FISHER

A

BILL

FOR

An

Act

relating

to

the

Iowa

human

life

protection

Act,

1

providing

for

civil

actions

and

civil

penalties,

and

2

including

effective

date

provisions.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

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Section

1.

FINDINGS.

1

1.

The

general

assembly

acknowledges

that

all

human

beings

2

are

created

equal

and

endowed

by

their

creator

with

certain

3

unalienable

rights,

the

foremost

of

which

is

the

right

to

life.

4

2.

The

life

of

every

human

being

begins

at

fertilization

5

when

a

male

sperm

fuses

with

a

female

egg

resulting

in

a

6

single-celled

human

called

a

zygote.

The

union

of

the

male

7

and

female

deoxyribonucleic

acid

during

fertilization

restores

8

the

number

of

chromosomes

needed

to

create

a

new

human

being.

9

The

Carnegie

stages

of

human

development,

numbered

one

to

10

twenty-three,

is

the

accepted

standard

of

embryological

11

development

used

by

biologists

to

describe

the

physical

12

features

of

the

human

being,

with

the

first

stage

marked

by

the

13

moment

of

fertilization

through

sperm-egg

fusion

and

the

last

14

stage

at

an

estimated

postfertilization

age

of

eight

weeks

when

15

over

ninety

percent

of

the

more

than

four

thousand

five

hundred

16

named

body

structures

are

present.

17

3.

The

state

of

Iowa

has

a

fundamental

and

compelling

18

interest

in

protecting

the

life

of

every

human

being

from

the

19

moment

of

fertilization.

20

4.

Abortion

is

a

murderous

act

of

violence

that

purposefully

21

and

knowingly

terminates

a

human

life

in

the

womb.

22

5.

Unborn

human

beings

are

entitled

to

the

full

and

equal

23

protection

of

the

laws

that

prohibit

violence

against

other

24

human

beings.

25

6.

The

United

States

Supreme

Court’s

ruling

in

Dobbs

v.

26

Jackson

Women’s

Health

Organization,

No.

19-1392,

597

U.S.

___

27

(2022),

correctly

overruled

the

lawless

and

unconstitutional

28

pronouncements

in

Roe

v.

Wade,

410

U.S.

113

(1973)

and

Planned

29

Parenthood

of

Southeastern

Pennsylvania

v.

Casey,

505

U.S.

30

833

(1992),

which

had

invented

and

perpetuated

a

supposed

31

constitutional

right

to

abortion

that

cannot

be

found

anywhere

32

in

the

text

of

the

Constitution

of

the

United

States.

33

7.

It

is

a

federal

crime

pursuant

to

18

U.S.C.

§1461

to

34

mail

abortion

pills

or

to

receive

them

in

the

mail,

punishable

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by

imprisonment

for

five

years.

It

is

also

a

federal

crime

1

to

transport

abortion

pills

in

interstate

or

foreign

commerce

2

pursuant

to

18

U.S.C.

§1462(c).

These

statutes

are

fully

3

enforceable

now

that

Roe

v.

Wade,

410

U.S.

113

(1973),

has

been

4

overruled.

The

statute

of

limitations

for

each

of

these

crimes

5

is

five

years.

6

8.

Violations

of

18

U.S.C.

§1461

and

§1462

are

predicate

7

offenses

under

the

federal

Racketeer

Influenced

and

Corrupt

8

Organizations

Act

(RICO),

which

exposes

abortion

pill

9

distribution

networks

and

their

donors

to

civil

RICO

liability

10

as

well

as

criminal

prosecution

as

a

racketeering

enterprise

11

under

18

U.S.C.

§1961.

12

9.

The

general

assembly

calls

upon

the

United

States

13

attorneys

for

the

northern

and

southern

districts

of

Iowa

to

14

investigate

and

prosecute

every

abortion

pill

distribution

15

network

under

18

U.S.C.

§1461

and

§1462

and

RICO.

16

Sec.

2.

NEW

SECTION

.

146F.1

Short

title.

17

This

chapter

shall

be

known,

and

may

be

cited,

as

the

“Iowa

18

Human

Life

Protection

Act”

.

19

Sec.

3.

NEW

SECTION

.

146F.2

Definitions.

20

As

used

in

this

chapter,

unless

the

context

otherwise

21

requires:

22

1.

“Abortion

fund”

means

a

person

that

exists

for

the

23

purpose

of

aiding

or

abetting

elective

abortions,

and

that

pays

24

for,

reimburses,

or

subsidizes

in

any

way

the

costs

associated

25

with

obtaining

an

elective

abortion.

26

2.

“Abortion-inducing

drug”

means

mifepristone,

misoprostol,

27

and

any

other

medicine,

drug,

or

other

substance

that

is

28

prescribed,

dispensed,

distributed,

possessed,

or

used

with

the

29

intent

of

terminating

a

clinically

diagnosable

pregnancy,

with

30

knowledge

that

the

termination

will

with

reasonable

likelihood

31

cause

the

death

of

the

unborn

child.

“Abortion-inducing

32

drug”

includes

the

off-label

use

of

drugs

known

to

have

33

abortion-inducing

properties

which

are

prescribed,

dispensed,

34

distributed,

possessed,

or

used

specifically

with

the

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intent

of

terminating

a

clinically

diagnosable

pregnancy.

1

“Abortion-inducing

drug”

does

not

include

any

of

the

following:

2

a.

Levenorgestrel,

also

known

as

plan

b

one-step

or

the

3

morning-after

pill,

intrauterine

devices,

or

any

other

type

of

4

contraception

or

emergency

contraception.

5

b.

Drugs

that

may

be

known

to

cause

an

abortion,

but

which

6

are

prescribed,

dispensed,

distributed,

possessed,

or

used

for

7

a

purpose

that

does

not

include

the

termination

of

a

clinically

8

diagnosable

pregnancy.

9

3.

“Abortion

provider”

means

a

person

who

performs

elective

10

abortions.

11

4.

“Affiliate”

means

a

person

that

with

another

person

12

enters

into

a

legal

relationship

created

or

governed

by

at

13

least

one

written

instrument,

including

a

certificate

of

14

formation,

a

franchise

agreement,

standards

of

affiliation,

15

bylaws,

or

a

license,

that

demonstrates

any

of

the

following:

16

a.

Common

ownership,

management,

or

control

between

the

17

parties

to

the

relationship.

18

b.

A

franchise

granted

by

the

person

or

entity

to

the

19

affiliate.

20

c.

The

granting

or

extension

of

a

license

or

other

agreement

21

authorizing

the

affiliate

to

use

the

other

person’s

brand

name,

22

trademark,

service

mark,

or

other

registered

identification

23

mark.

24

5.

“Aiding

or

abetting”

or

“aid

or

abet”

means

the

same

as

25

defined

in

section

703.1.

26

6.

“Attempt”

or

“attempts”

relating

to

an

elective

abortion

27

means

an

act,

or

an

omission

of

a

statutorily

required

act,

28

that,

under

the

circumstances

as

the

actor

believes

them

to

be,

29

constitutes

a

substantial

step

in

a

course

of

conduct

planned

30

to

culminate

in

the

performance

of

an

elective

abortion.

31

7.

“Elective

abortion”

means

the

act

of

using,

prescribing,

32

administering,

procuring,

or

selling

any

instrument,

medicine,

33

drug,

or

any

other

substance,

device,

or

means

with

the

purpose

34

of

terminating

a

clinically

diagnosed

pregnancy

of

a

woman,

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with

knowledge

that

the

termination

by

any

of

those

means

will,

1

with

reasonable

likelihood,

cause

the

death

of

an

unborn

child.

2

“Elective

abortion”

does

not

include

any

of

the

following:

3

a.

In

vitro

fertilization

or

fertility

treatments

of

any

4

type.

5

b.

The

use,

prescription,

administration,

procuring,

or

6

selling

of

levenorgestrel,

also

known

as

plan

b

one-step

or

the

7

morning-after

pill,

intrauterine

devices,

or

any

other

type

of

8

contraception

or

emergency

contraception.

9

c.

An

act

performed

with

the

intent

to

do

any

of

the

10

following:

11

(1)

Save

the

life

or

preserve

the

health

of

an

unborn

child.

12

(2)

Remove

a

dead

unborn

child

as

the

result

of

a

13

spontaneous

abortion,

commonly

known

as

a

miscarriage.

14

(3)

Remove

or

treat

an

ectopic

pregnancy.

15

(4)

Treat

a

physiological

condition

which

the

physician

16

deems,

in

the

physician’s

reasonable

medical

judgment,

to

be

a

17

medical

emergency.

18

d.

A

spontaneous

abortion,

commonly

known

as

a

miscarriage.

19

e.

Medical

treatment

provided

to

a

pregnant

woman

by

a

20

licensed

physician

if

the

intent

of

the

medical

treatment

is

21

not

to

cause

an

elective

abortion,

even

if

that

treatment

22

results

in

the

accidental

death

of,

or

unintentional

injury

to

23

or

death

of,

the

unborn

child.

24

f.

A

medically

indicated

separation

procedure.

25

8.

“Fertilization”

means

the

fusion

of

a

human

spermatozoon

26

with

a

human

ovum.

27

9.

“Governmental

entity”

means

this

state,

a

state

agency

28

in

the

executive,

judicial,

or

legislative

branch

of

state

29

government

of

this

state,

or

a

political

subdivision

of

this

30

state.

31

10.

“Information

content

provider”

means

a

person

that

32

is

responsible,

in

whole

or

in

part,

for

the

creation

or

33

development

of

information

provided

through

the

internet

or

any

34

other

interactive

computer

service.

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11.

“Interactive

computer

service”

means

any

information

1

service,

system,

or

access

software

provider

that

provides

or

2

enables

computer

access

by

multiple

users

to

a

computer

server,

3

including

specifically

a

service

or

system

that

provides

access

4

to

the

internet

and

such

systems

operated

or

services

offered

5

by

libraries

or

educational

institutions.

6

12.

“Major

bodily

function”

includes

but

is

not

limited

7

to

functions

of

the

immune

system,

normal

cell

growth,

and

8

digestive,

bowel,

bladder,

neurological,

brain,

respiratory,

9

circulatory,

endocrine,

and

reproductive

functions.

10

13.

“Medical

emergency”

means

a

situation

in

which

a

11

medically

indicated

separation

procedure

or

treatment

for

12

a

physiological

condition

is

performed

due

to

any

of

the

13

following:

14

a.

To

preserve

the

life

of

a

pregnant

woman

whose

life

15

is

endangered

by

a

physical

disorder,

physical

illness,

or

16

physical

injury,

or

a

life-endangering

physical

condition

17

caused

by

or

arising

from

the

pregnancy

including

an

ectopic

18

pregnancy,

but

not

including

psychological

conditions,

19

emotional

conditions,

familial

conditions,

or

the

woman’s

age.

20

b.

When

continuation

of

the

pregnancy

will

create

a

serious

21

risk

of

substantial

and

irreversible

impairment

of

a

major

22

bodily

function

of

a

pregnant

woman.

23

14.

“Medically

indicated

separation

procedure”

means

24

a

medical

intervention,

the

purpose

of

which

is

not

to

25

terminate

a

clinically

diagnosed

pregnancy

of

a

woman,

that

is

26

necessitated

by

a

medical

emergency.

A

“medically

indicated

27

separation

procedure”

is

not

an

elective

abortion.

28

15.

“Perform”

,

“performance”

,

“performed”

,

“performs”

,

or

29

“performing”

,

relative

to

an

elective

abortion,

means

the

use

30

of

any

means,

including

surgical

or

abortion-inducing

drugs,

31

to

terminate

a

clinically

diagnosed

pregnancy

with

the

intent

32

other

than

to

produce

a

live

birth

or

to

remove

a

dead

fetus.

33

16.

“Person”

means

the

same

as

defined

in

section

4.1.

34

17.

“Policy”

includes

a

formal,

written

rule,

policy,

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procedure,

regulation,

order,

ordinance,

motion,

resolution,

or

1

amendment

and

an

informal,

unwritten

policy.

2

18.

“Political

subdivision”

means

a

city,

county,

township,

3

or

school

district.

4

19.

“Pregnant”

means

the

human

female

reproductive

condition

5

of

having

a

living

unborn

child

within

the

human

female’s

6

uterus.

7

20.

“Taxpayer

resource

transaction”

means

a

sale,

purchase,

8

lease,

donation

of

money,

goods,

services,

or

real

property,

9

or

any

other

transaction

between

a

governmental

entity

and

a

10

private

entity

that

provides

to

the

private

entity

something

of

11

value

derived

from

state

or

local

tax

revenue,

regardless

of

12

whether

the

governmental

entity

receives

something

of

value

in

13

return.

“Taxpayer

resource

transaction”

includes

advocacy

or

14

lobbying

by

or

on

behalf

of

a

governmental

entity

on

behalf

of

15

the

interests

of

an

abortion

provider

or

affiliate

but

does

not

16

include

any

of

the

following:

17

a.

The

provision

of

basic

public

services,

including

fire

18

and

police

protection

and

utilities,

by

a

governmental

entity

19

to

an

abortion

fund,

abortion

provider,

or

an

affiliate

of

an

20

abortion

provider

in

the

same

manner

as

the

entity

provides

the

21

services

to

the

general

public.

22

b.

An

officer

or

employee

of

a

governmental

entity

providing

23

information

to

a

member

of

the

general

assembly

or

appearing

24

before

a

legislative

committee

at

the

request

of

the

member

or

25

committee.

26

c.

An

elected

official

advocating

for

or

against

or

27

otherwise

influencing

or

attempting

to

influence

the

outcome

of

28

legislation

pending

before

the

general

assembly

while

acting

in

29

the

capacity

of

an

elected

official.

30

d.

An

individual

communicating

as

a

private

citizen

on

a

31

matter

of

public

concern.

32

21.

“Unborn

child”

means

an

individual

organism

of

the

33

species

homo

sapiens

from

fertilization

to

live

birth.

34

22.

“Woman”

or

“women”

includes

every

person

whose

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biological

sex

is

female,

including

every

person

born

with

XX

1

chromosomes

and

a

uterus,

regardless

of

any

gender

identity

2

that

the

person

attempts

to

assert

or

claim.

3

Sec.

4.

NEW

SECTION

.

146F.3

Elective

abortion

——

4

prohibitions

——

exceptions

——

exclusive

qui

tam

enforcement.

5

1.

A

person

shall

not

knowingly

use,

employ,

or

administer

6

any

drug,

instrument,

device,

means,

or

procedure

upon

a

7

pregnant

woman

with

the

specific

intent

to

cause

an

elective

8

abortion.

9

2.

A

person

shall

not

knowingly

aid

or

abet

the

conduct

10

described

in

subsection

1.

11

3.

The

prohibitions

in

this

section

shall

apply

if

any

12

portion

of

the

prohibited

conduct

or

elective

abortion

occurs

13

in

the

state

or

within

the

jurisdiction

of

the

state.

14

4.

a.

Notwithstanding

any

other

law

to

the

contrary,

the

15

requirements

of

this

section

shall

be

enforced

exclusively

16

through

the

qui

tam

actions

described

in

sections

146F.7

and

17

146F.8.

18

b.

Direct

or

indirect

enforcement

of

this

section

shall

not

19

be

taken

or

threatened

by

a

governmental

entity

or

an

officer

20

or

employee

of

a

governmental

entity

against

a

person

by

any

21

means,

and

a

violation

of

this

section

shall

not

be

used

to

22

justify

or

trigger

the

enforcement

of

any

other

law

or

any

type

23

of

adverse

consequence

under

any

other

law,

except

as

provided

24

in

sections

146F.7

and

146F.8.

25

c.

This

section

does

not

preclude

or

limit

the

enforcement

26

of

any

other

law

or

regulation

against

conduct

that

is

27

independently

prohibited

by

such

other

law

or

regulation

and

28

that

would

remain

prohibited

by

such

other

law

or

regulation

29

in

the

absence

of

this

section.

30

5.

Notwithstanding

any

other

law

to

the

contrary,

the

31

prohibitions

in

this

section

shall

not

apply

to

any

of

the

32

following:

33

a.

Speech

or

conduct

protected

by

the

first

amendment

to

the

34

Constitution

of

the

United

States,

as

made

applicable

to

the

35

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states

through

the

United

States

supreme

court

interpretations

1

of

the

fourteenth

amendment

to

the

Constitution

of

the

United

2

States,

or

by

Article

I,

section

7,

of

the

Constitution

of

the

3

State

of

Iowa.

4

b.

Conduct

that

the

state

is

forbidden

to

regulate

under

5

federal

law

or

the

Constitution

of

the

United

States.

6

c.

The

provision

of

basic

public

services,

including

fire

7

and

police

protection

and

utilities,

by

a

governmental

entity

8

or

a

common

carrier

to

an

abortion

provider,

an

abortion

fund,

9

or

an

affiliate

of

an

abortion

provider

or

abortion

fund

in

10

the

same

manner

as

the

governmental

entity

or

common

carrier

11

provides

those

services

to

the

general

public.

12

d.

Conduct

taken

at

the

behest

of

a

federal

agency,

13

contractor,

or

employee

that

is

carrying

out

duties

under

14

federal

law,

if

a

prohibition

on

that

conduct

would

violate

the

15

doctrine

of

preemption

or

intergovernmental

immunity.

16

Sec.

5.

NEW

SECTION

.

146F.4

Liability

for

wrongful

death

17

and

personal

injuries

——

elective

abortion.

18

1.

Notwithstanding

any

other

law

to

the

contrary,

a

person

19

who

violates

section

146F.3

shall

be

subject

to

all

of

the

20

following:

21

a.

Joint

and

several

liability

for

the

wrongful

death

of

an

22

unborn

child

who

dies

from

the

elective

abortion.

23

b.

Strict,

and

joint

and

several

liability

for

all

of

the

24

following:

25

(1)

The

wrongful

death

of

a

pregnant

woman

or

formerly

26

pregnant

woman

who

dies

from

the

elective

abortion.

27

(2)

Any

personal

injuries

suffered

by

an

unborn

child

or

28

pregnant

woman

or

formerly

pregnant

woman

from

the

elective

29

abortion.

30

2.

Notwithstanding

any

other

law

to

the

contrary,

including

31

section

633.336,

a

surviving

parent

of

an

unborn

child

who

was

32

aborted

in

violation

of

section

146F.3

may

maintain

an

action

33

for

wrongful

death

against

a

person

who

knowingly

violated

34

section

146F.3

resulting

in

the

wrongful

death

of

the

unborn

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child.

1

3.

A

lawsuit

shall

not

be

brought

under

subsection

1

against

2

or

by

any

of

the

following:

3

a.

Against

a

pregnant

woman

or

formerly

pregnant

woman

4

who

aborted

or

attempted

to

abort

the

pregnant

woman’s

unborn

5

child.

6

b.

Against

a

person

that

acted

at

the

behest

of

a

federal

7

agency,

contractor,

or

employee

that

is

carrying

out

duties

8

under

federal

law,

if

the

imposition

of

liability

would

violate

9

the

doctrine

of

preemption

or

intergovernmental

immunity.

10

c.

By

a

person

who

through

an

act

of

sexual

assault

or

11

incest

impregnated

the

pregnant

woman

or

formerly

pregnant

12

woman.

13

d.

Against

a

provider

or

user

of

an

interactive

computer

14

service

if

such

a

lawsuit

would

be

preempted

by

47

U.S.C.

15

§230(c).

16

4.

A

plaintiff

who

prevails

in

a

personal

injury

or

wrongful

17

death

lawsuit

under

this

section

is

entitled

to

recover

all

of

18

the

following:

19

a.

Compensatory

damages,

including

but

not

limited

to

20

damages

for

medical

expenses,

pain

and

suffering,

and

emotional

21

distress.

22

b.

Court

costs

and

reasonable

attorney

fees.

23

c.

Punitive

damages

of

not

less

than

one

hundred

thousand

24

dollars.

25

5.

Notwithstanding

any

other

law

to

the

contrary,

if

a

26

plaintiff

who

brings

suit

under

this

section

in

response

to

27

a

drug-induced

abortion

is

unable

to

identify

the

specific

28

manufacturer

of

the

abortion-inducing

drug

that

caused

the

29

death

or

injury,

liability

shall

be

apportioned

among

all

30

manufacturers

of

abortion-inducing

drugs

in

proportion

to

each

31

manufacturer’s

share

of

the

market

for

abortion-inducing

drugs.

32

6.

Notwithstanding

any

other

law

to

the

contrary,

a

person

33

may

bring

an

action

under

this

section

no

later

than

six

years

34

from

the

date

the

cause

of

action

accrues.

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7.

Any

waiver

or

purported

waiver

of

the

right

to

sue

under

1

this

section

shall

be

void

as

against

public

policy

and

shall

2

not

be

enforceable

in

any

court.

3

8.

This

section

shall

not

be

construed

to

impose

liability

4

on

speech

or

conduct

protected

by

the

first

amendment

to

the

5

Constitution

of

the

United

States,

as

made

applicable

to

the

6

states

through

the

United

States

supreme

court

interpretations

7

of

the

fourteenth

amendment

to

the

Constitution

of

the

United

8

States,

or

by

Article

I,

section

7,

of

the

Constitution

of

the

9

State

of

Iowa.

10

Sec.

6.

NEW

SECTION

.

146F.5

Abortion-inducing

drugs

——

11

prohibitions

——

qui

tam

enforcement.

12

1.

Except

as

provided

in

subsection

2,

it

shall

be

unlawful

13

for

a

person

to

do

any

of

the

following:

14

a.

Manufacture,

possess,

or

distribute

abortion-inducing

15

drugs

in

the

state.

16

b.

Mail,

transport,

deliver,

or

provide

abortion-inducing

17

drugs

in

any

manner

to

or

from

a

person

or

location

in

the

18

state.

19

c.

Engage

in

any

conduct

that

constitutes

aiding

and

20

abetting

the

manufacture,

possession,

distribution,

mailing,

21

transporting,

delivery,

or

provision

of

abortion-inducing

22

drugs.

23

2.

Notwithstanding

any

other

law

to

the

contrary,

24

subsection

1

does

not

prohibit

any

of

the

following:

25

a.

Speech

or

conduct

protected

by

the

first

amendment

to

the

26

Constitution

of

the

United

States,

as

made

applicable

to

the

27

states

through

the

United

States

supreme

court

interpretations

28

of

the

fourteenth

amendment

to

the

Constitution

of

the

United

29

States,

or

by

Article

I,

section

7,

of

the

Constitution

of

the

30

State

of

Iowa.

31

b.

Conduct

that

the

state

is

forbidden

to

regulate

under

32

federal

law

or

the

Constitution

of

the

United

States.

33

c.

Conduct

taken

at

the

behest

of

a

federal

agency,

34

contractor,

or

employee

that

is

carrying

out

duties

under

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federal

law,

if

a

prohibition

on

that

conduct

would

violate

the

1

doctrine

of

preemption

or

intergovernmental

immunity.

2

d.

Conduct

taken

by

a

pregnant

woman

or

formerly

pregnant

3

woman

who

aborts

or

seeks

to

abort

the

woman’s

unborn

child.

4

e.

The

manufacture,

possession,

distribution,

mailing,

5

transporting,

delivery,

or

provision

of

abortion-inducing

drugs

6

for

a

purpose

that

does

not

include

termination

of

a

pregnancy.

7

f.

The

possession

of

abortion-inducing

drugs

related

to

an

8

effort

to

entrap

a

person

that

violates

this

section.

9

g.

Any

of

the

conduct

described

in

section

146F.8,

10

subsection

1.

11

3.

a.

Notwithstanding

any

other

law

to

the

contrary,

the

12

requirements

of

this

section

shall

be

enforced

exclusively

13

through

the

qui

tam

actions

described

in

sections

146F.7

and

14

146F.8.

15

b.

Direct

or

indirect

enforcement

of

this

section

shall

not

16

be

taken

or

threatened

by

a

governmental

entity

or

an

officer

17

or

employee

of

a

governmental

entity

against

a

person,

by

any

18

means,

and

violation

of

this

section

shall

not

be

used

to

19

justify

or

trigger

the

enforcement

of

any

other

law

or

any

type

20

of

adverse

consequence

under

any

other

law,

except

as

provided

21

in

sections

146F.7

and

146F.8.

22

c.

This

section

does

not

preclude

or

limit

the

enforcement

23

of

any

other

law

or

regulation

against

conduct

that

is

24

independently

prohibited

by

such

other

law

or

regulation,

and

25

that

would

remain

prohibited

by

such

other

law

or

regulation

26

in

the

absence

of

this

section.

27

Sec.

7.

NEW

SECTION

.

146F.6

Liability

for

wrongful

death

28

and

personal

injuries

——

abortion-inducing

drugs.

29

1.

Notwithstanding

any

other

law

to

the

contrary,

a

person

30

who

manufactures,

mails,

distributes,

transports,

delivers,

31

or

provides

abortion-inducing

drugs;

or

who

aids

or

abets

the

32

manufacture,

mailing,

distribution,

transportation,

delivery,

33

or

provision

of

abortion-inducing

drugs

shall

be

strictly,

34

and

jointly

and

severally

liable

for

the

wrongful

death

of

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an

unborn

child

or

pregnant

woman

who

dies

from

the

use

of

1

abortion-inducing

drugs,

and

for

any

personal

injuries

suffered

2

by

an

unborn

child

or

pregnant

woman

or

formerly

pregnant

woman

3

from

the

use

of

abortion-inducing

drugs.

4

2.

Notwithstanding

any

other

law

to

the

contrary,

including

5

section

633.336,

the

surviving

parents

of

an

unborn

child

6

who

was

aborted

in

violation

of

section

146F.3

may

maintain

7

an

action

for

wrongful

death

against

a

person

who

knowingly

8

violated

section

146F.3

resulting

in

the

wrongful

death

of

the

9

unborn

child.

10

3.

A

lawsuit

shall

not

be

brought

under

subsection

1

against

11

or

by

any

of

the

following:

12

a.

Against

a

pregnant

woman

or

formerly

pregnant

woman

who

13

used

or

sought

to

obtain

abortion-inducing

drugs

to

abort

or

14

attempt

to

abort

her

unborn

child.

15

b.

Against

a

person

that

acted

at

the

behest

of

a

federal

16

agency,

contractor,

or

employee

that

is

carrying

out

duties

17

under

federal

law,

if

the

imposition

of

liability

would

violate

18

the

doctrine

of

preemption

or

intergovernmental

immunity.

19

c.

By

a

person

who,

through

an

act

of

sexual

assault

or

20

incest,

impregnated

the

woman

who

used

abortion-inducing

drugs.

21

d.

Against

a

provider

or

user

of

an

interactive

computer

22

service

if

such

a

lawsuit

would

be

preempted

by

47

U.S.C.

23

§230(c).

24

4.

A

plaintiff

who

prevails

in

a

personal

injury

or

wrongful

25

death

lawsuit

under

this

section

is

entitled

to

recover

all

of

26

the

following:

27

a.

Compensatory

damages,

including

but

not

limited

to

28

damages

for

medical

expenses,

pain

and

suffering,

and

emotional

29

distress.

30

b.

Court

costs

and

reasonable

attorney

fees.

31

c.

Punitive

damages

of

not

less

than

one

hundred

thousand

32

dollars.

33

5.

Notwithstanding

any

other

law

to

the

contrary,

if

a

34

plaintiff

who

brings

suit

under

this

section

in

response

to

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a

drug-induced

abortion

is

unable

to

identify

the

specific

1

manufacturer

of

the

abortion-inducing

drug

that

caused

the

2

death

or

injury,

liability

shall

be

apportioned

among

all

3

manufacturers

of

abortion-inducing

drugs

in

proportion

to

each

4

manufacturer’s

share

of

the

market

for

abortion-inducing

drugs.

5

6.

Notwithstanding

any

other

law

to

the

contrary,

a

person

6

may

bring

an

action

under

this

section

no

later

than

six

years

7

from

the

date

the

cause

of

action

accrues.

8

7.

Any

waiver

or

purported

waiver

of

the

right

to

sue

under

9

this

section

shall

be

void

as

against

public

policy

and

shall

10

not

be

enforceable

in

any

court.

11

8.

a.

It

is

an

affirmative

defense

if

a

person

sued

under

12

this

section

was

unaware

that

the

person

was

engaged

in

the

13

conduct

described

in

this

section,

and

took

every

reasonable

14

precaution

to

ensure

that

the

person

would

not

manufacture,

15

mail,

distribute,

transport,

deliver,

provide,

or

aid

or

16

abet

the

manufacture,

mailing,

distribution,

transportation,

17

delivery,

or

provision

of

abortion-inducing

drugs.

18

b.

The

defendant

has

the

burden

of

proving

an

affirmative

19

defense

under

this

subsection

by

a

preponderance

of

the

20

evidence.

21

9.

This

section

shall

not

be

construed

to

impose

liability

22

on

speech

or

conduct

protected

by

the

first

amendment

to

the

23

Constitution

of

the

United

States,

as

made

applicable

to

the

24

states

through

the

United

States

supreme

court

interpretations

25

of

the

fourteenth

amendment

to

the

Constitution

of

the

United

26

States,

or

by

Article

I,

section

7,

of

the

Constitution

of

the

27

State

of

Iowa.

28

Sec.

8.

NEW

SECTION

.

146F.7

Qui

tam

enforcement

for

certain

29

violations.

30

1.

A

person,

other

than

a

governmental

entity

or

an

officer

31

or

employee

of

a

governmental

entity,

has

standing

to

bring

and

32

may

bring

a

qui

tam

action

against

a

person

that

meets

any

of

33

the

following

conditions:

34

a.

Violates

any

provision

of

section

146F.3,

146F.5,

or

35

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146F.14.

1

b.

Intends

to

violate

any

provision

of

section

146F.3,

2

146F.5,

or

146F.14.

3

2.

Notwithstanding

any

other

law

to

the

contrary,

an

action

4

shall

not

be

brought

under

this

section

against

or

by

any

of

5

the

following:

6

a.

Against

the

pregnant

woman

or

formerly

pregnant

woman

7

upon

whom

an

elective

abortion

was

performed

or

induced

or

8

attempted

to

be

performed

or

induced

in

violation

of

this

9

chapter,

or

against

a

pregnant

woman

who

intends

to

seek

or

who

10

seeks

an

elective

abortion

in

violation

of

this

chapter.

11

b.

Against

a

person

that

performs,

aids

or

abets,

or

12

attempts

to

perform

or

aid

or

abet

an

elective

abortion

at

13

the

behest

of

a

federal

agency,

contractor,

or

employee

that

14

is

carrying

out

duties

under

federal

law,

if

a

prohibition

on

15

elective

abortion

would

violate

the

doctrine

of

preemption

or

16

intergovernmental

immunity.

17

c.

Against

a

common

carrier

that

transports

a

pregnant

woman

18

to

an

abortion

provider,

if

the

common

carrier

is

unaware

that

19

the

pregnant

woman

intends

to

abort

the

pregnant

woman’s

unborn

20

child.

21

d.

Against

a

provider

or

user

of

an

interactive

computer

22

service

if

such

a

lawsuit

would

be

preempted

by

47

U.S.C.

23

§230(c).

24

e.

By

a

person

who,

through

an

act

of

sexual

assault

25

or

incest,

impregnated

a

woman

who

is

seeking

an

elective

26

abortion,

or

a

person

who

acts

in

concert

or

participation

with

27

the

person

who

impregnated

the

woman.

28

3.

An

action

under

this

section

shall

be

brought

in

the

name

29

of

the

person

and

of

the

state.

30

4.

If

a

plaintiff

prevails

in

an

action

brought

under

this

31

section,

the

court

shall

award

all

of

the

following:

32

a.

Injunctive

relief

sufficient

to

prevent

the

defendant

33

from

violating

section

146F.3,

146F.5,

or

146F.14.

34

b.

Nominal

and

compensatory

damages

if

the

plaintiff

has

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suffered

injury

or

harm

from

the

defendant’s

conduct,

including

1

but

not

limited

to

loss

of

consortium

and

emotional

distress.

2

c.

Civil

penalties

in

an

amount

of

not

less

than

ten

3

thousand

dollars

for

each

violation

of

section

146F.3,

146F.5,

4

or

146F.14.

5

d.

Court

costs

and

reasonable

attorney

fees.

6

5.

Notwithstanding

subsection

4,

a

court

shall

not

award

7

relief

under

subsection

4,

paragraph

“c”

or

“d”

,

in

response

to

8

a

violation

of

subsection

1,

paragraph

“a”

,

if

the

defendant

9

demonstrates

that

a

court

has

already

ordered

the

defendant

10

to

pay

the

full

amount

of

civil

penalties

under

subsection

4,

11

paragraph

“c”

,

in

another

action

for

that

particular

violation

12

of

section

146F.3,

146F.5,

or

146F.14.

13

6.

Notwithstanding

any

other

law

to

the

contrary,

a

person

14

may

bring

an

action

under

this

section

no

later

than

six

years

15

from

the

date

the

cause

of

action

accrues.

16

7.

It

is

an

affirmative

defense

if

a

person

sued

under

this

17

section

was

unaware

that

the

person

was

engaged

in

conduct

18

described

in

section

146F.3,

146F.5,

or

146F.14

and

took

every

19

reasonable

precaution

to

ensure

that

the

person

would

not

20

violate

section

146F.3,

146F.5,

or

146F.14.

21

8.

This

section

shall

not

be

construed

to

impose

liability

22

on

speech

or

conduct

protected

by

the

first

amendment

to

the

23

Constitution

of

the

United

States,

as

made

applicable

to

the

24

states

through

the

United

States

supreme

court

interpretations

25

of

the

fourteenth

amendment

to

the

Constitution

of

the

United

26

States,

or

by

Article

I,

section

7,

of

the

Constitution

of

the

27

State

of

Iowa.

28

9.

Notwithstanding

any

other

law

to

the

contrary,

a

court

29

shall

not

award

court

costs

or

reasonable

attorney

fees

to

a

30

defendant

under

this

section.

31

10.

A

person

bringing

an

action

under

this

section

is

32

entitled

to

receive

twenty-five

percent

of

the

civil

penalties

33

recovered.

The

remainder

of

the

recovered

civil

penalties

34

shall

be

paid

to

the

state.

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11.

The

state

is

not

liable

for

expenses

that

a

person

1

incurs

in

bringing

an

action

under

this

section.

2

Sec.

9.

NEW

SECTION

.

146F.8

Qui

tam

enforcement

——

3

interactive

computer

services.

4

1.

A

person,

other

than

a

governmental

entity

or

an

officer

5

or

employee

of

a

governmental

entity,

has

standing

to

bring

and

6

may

bring

a

qui

tam

action

against

a

person

that

meets

any

of

7

the

following

conditions:

8

a.

Provides

or

maintains

an

interactive

computer

service

9

that

allows

Iowa

residents

to

access

information

or

material

10

that

assists

or

facilitates

efforts

to

obtain

elective

11

abortions

or

abortion-inducing

drugs.

12

b.

Provides

or

maintains

a

platform

for

downloading

any

13

application

or

software

for

use

on

a

computer

or

electronic

14

device

that

is

designed

to

assist

or

facilitate

efforts

to

15

obtain

elective

abortions

or

abortion-inducing

drugs.

16

c.

Provides

or

maintains

a

platform

that

allows

or

enables

17

those

who

provide

or

aid

or

abet

elective

abortions,

or

those

18

who

manufacture,

mail,

distribute,

transport,

deliver,

or

19

provide

abortion-inducing

drugs,

to

collect

money,

digital

20

currency,

resources,

or

any

other

thing

of

value

in

exchange

21

for

such

services.

22

2.

An

action

under

this

section

shall

be

brought

in

the

name

23

of

the

person

and

the

state.

24

3.

Except

as

provided

in

subsection

4,

if

a

plaintiff

25

prevails

in

an

action

brought

under

this

section,

the

court

26

shall

award

only

declaratory

and

injunctive

relief.

A

court

27

shall

not

award

damages

in

an

action

brought

under

this

28

section,

even

if

the

plaintiff

demonstrates

harm

from

the

29

defendant’s

conduct,

nor

shall

a

court

award

a

prevailing

30

plaintiff

court

costs

or

reasonable

attorney

fees.

31

4.

Relief

shall

not

be

awarded

under

subsection

3

if

the

32

civil

action

was

brought

in

response

to

any

of

the

following:

33

a.

The

exercise

of

state

or

federal

constitutional

rights

34

that

belong

personally

to

the

defendant.

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b.

Conduct

taken

at

the

behest

of

a

federal

agency,

1

contractor,

or

employee

that

is

carrying

out

duties

under

2

federal

law,

if

the

relief

authorized

under

subsection

3

3

would

violate

the

doctrine

of

preemption

or

intergovernmental

4

immunity.

5

c.

Conduct

taken

by

a

pregnant

woman

or

formerly

pregnant

6

woman

who

aborted

or

attempted

to

abort

such

woman’s

unborn

7

child,

if

such

woman

is

the

named

defendant

in

the

civil

8

action.

9

5.

a.

It

is

an

affirmative

defense

if

a

person

who

sued

10

under

this

section

meets

all

of

the

following

conditions:

11

(1)

Was

unaware

that

the

person’s

interactive

computer

12

service

or

platform

was

being

used

to

assist

or

facilitate

13

efforts

to

obtain

elective

abortions

or

abortion-inducing

14

drugs.

15

(2)

Upon

discovering

that

the

person’s

interactive

computer

16

service

or

platform

was

being

used

to

assist

or

facilitate

17

efforts

to

obtain

elective

abortions

or

abortion-inducing

18

drugs,

the

person

took

prompt

action

to

block

access

to

any

19

information,

material,

application,

or

software

that

assists

20

or

facilitates

efforts

to

obtain

elective

abortions

or

21

abortion-inducing

drugs;

and

to

block

those

who

provide

or

aid

22

or

abet

elective

abortions

and

those

who

manufacture,

mail,

23

distribute,

transport,

deliver,

or

provide

abortion-inducing

24

drugs,

from

collecting

money,

digital

currency,

resources,

or

25

any

other

thing

of

value

in

exchange

for

such

services

through

26

its

interactive

computer

service

or

platform.

27

b.

The

defendant

has

the

burden

of

proving

an

affirmative

28

defense

under

this

subsection

by

a

preponderance

of

the

29

evidence.

30

6.

A

person

who

engages

in

the

conduct

described

under

31

subsection

1

shall

not

be

subject

to

any

of

the

following:

32

a.

Held

vicariously

liable

for

any

nominal,

statutory,

or

33

compensatory

damages

incurred

by

another

information

content

34

provider.

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b.

Held

liable

or

legally

responsible

for

the

conduct

of

1

a

publisher

or

speaker

of

any

information

provided

by

another

2

information

content

provider.

3

c.

Treated

as

the

speaker

or

publisher

of

any

information

4

provided

by

another

information

content

provider

under

any

5

provision

of

state

law.

6

7.

a.

Notwithstanding

any

other

law

to

the

contrary,

the

7

requirements

of

this

section

shall

be

enforced

exclusively

8

through

the

qui

tam

actions

described

in

subsection

1.

9

b.

Direct

or

indirect

enforcement

of

this

section

shall

10

not

be

taken

or

threatened

by

a

governmental

entity

or

an

11

officer

or

employee

of

a

governmental

entity

by

any

means,

12

and

a

violation

of

this

section

shall

not

be

used

to

justify

13

or

trigger

the

enforcement

of

any

other

law

or

any

type

of

14

adverse

consequence

under

any

other

law,

except

as

provided

in

15

subsections

1,

2,

and

3.

16

c.

This

section

does

not

preclude

or

limit

the

enforcement

17

of

any

other

law

or

regulation

against

conduct

that

is

18

independently

prohibited

by

such

other

law

or

regulation,

and

19

that

would

remain

prohibited

by

such

other

law

or

regulation

20

in

the

absence

of

this

section.

21

8.

Notwithstanding

any

other

law

to

the

contrary,

a

provider

22

or

user

of

an

interactive

computer

service

shall

have

absolute

23

and

nonwaivable

immunity

from

liability

or

suit

on

account

of

24

any

of

the

following:

25

a.

An

action

taken

to

restrict

access

to

or

availability

of

26

information

or

material

that

assists

or

facilitates

access

to

27

elective

abortions

or

abortion-inducing

drugs,

whether

or

not

28

such

information

or

material

is

constitutionally

protected.

29

b.

An

action

taken

to

enable

or

make

available

to

30

information

content

providers

or

others

the

technical

means

31

to

restrict

access

to

information

or

material

described

in

32

paragraph

“a”

.

33

c.

A

denial

of

service

to

those

who

provide

or

aid

or

abet

34

elective

abortions,

or

those

who

manufacture,

mail,

distribute,

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transport,

deliver,

or

provide

abortion-inducing

drugs.

1

9.

The

state

is

not

liable

for

expenses

that

a

person

incurs

2

in

bringing

an

action

under

this

section.

3

Sec.

10.

NEW

SECTION

.

146F.9

Affirmative

defenses.

4

1.

a.

A

defendant

against

whom

an

action

is

brought

under

5

section

146F.6,

146F.7,

or

146F.8

may

assert

an

affirmative

6

defense

to

liability

under

this

section

if

any

of

the

following

7

conditions

applies:

8

(1)

The

imposition

of

civil

liability

on

the

defendant

9

will

violate

federally

protected

rights,

or

state

or

federal

10

constitutional

rights,

that

belong

to

the

defendant

personally.

11

(2)

The

defendant

has

standing

to

assert

the

rights

12

of

a

third

party

under

the

tests

for

third-party

standing

13

established

by

the

supreme

court

of

the

United

States

or

the

14

supreme

court,

and

demonstrates

that

the

imposition

of

civil

15

liability

on

the

defendant

will

violate

federally

protected

16

rights

or

state

or

federal

constitutional

rights

belonging

to

17

that

third

party.

18

(3)

The

imposition

of

civil

liability

on

the

defendant

will

19

violate

the

Constitution

of

the

State

of

Iowa.

20

(4)

The

imposition

of

civil

liability

on

the

defendant

would

21

violate

the

limits

on

extraterritorial

jurisdiction

imposed

by

22

the

Constitution

of

the

United

States

or

the

Constitution

of

23

the

State

of

Iowa.

24

b.

The

defendant

has

the

burden

of

proving

the

affirmative

25

defense

in

subsection

1

by

a

preponderance

of

the

evidence.

26

2.

This

section

shall

not

limit

or

preclude

a

defendant

27

from

asserting

the

unconstitutionality

of

any

provision

or

28

application

of

state

law

as

a

defense

to

liability

under

29

section

146F.6,

146F.7,

or

146F.8,

or

from

asserting

any

other

30

defense

that

might

be

available

under

any

other

source

of

law.

31

3.

Notwithstanding

any

other

law,

a

court

shall

not

apply

32

the

law

of

another

state

or

jurisdiction

to

any

civil

action

33

brought

under

section

146F.6,

146F.7,

or

146F.8,

unless

34

otherwise

required

by

law.

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Sec.

11.

NEW

SECTION

.

146F.10

Defenses

not

applicable.

1

Notwithstanding

any

law

to

the

contrary,

none

of

the

2

following

is

a

defense

to

an

action

brought

under

section

3

146F.4,

146F.6,

or

146F.7:

4

1.

Ignorance

or

mistake

of

law.

5

2.

A

defendant’s

belief

that

the

requirements

or

provisions

6

of

this

chapter

are

unconstitutional

or

were

unconstitutional

7

when

the

cause

of

action

accrued.

8

3.

A

defendant’s

reliance

on

any

court

decision

that

9

has

been

vacated,

reversed,

or

overruled

on

appeal

or

by

a

10

subsequent

court,

even

if

that

court

decision

had

not

been

11

vacated,

reversed,

or

overruled

when

the

cause

of

action

12

accrued.

13

4.

A

defendant’s

reliance

on

any

state

or

federal

court

14

decision

that

is

not

binding

on

the

court

in

which

the

action

15

has

been

brought.

16

5.

A

defendant’s

reliance

on

any

federal

statute,

agency

17

rule

or

action,

or

treaty

that

has

been

repealed,

superseded,

18

or

declared

invalid

or

unconstitutional,

even

if

that

federal

19

statute,

agency

rule

or

action,

or

treaty

had

not

been

20

repealed,

superseded,

or

declared

invalid

or

unconstitutional

21

when

the

cause

of

action

accrued.

22

6.

Nonmutual

issue

preclusion

or

nonmutual

claim

23

preclusion.

24

7.

The

consent

of

the

plaintiff

or

the

pregnant

woman

25

or

formerly

pregnant

woman,

the

consent

of

a

parent

of

the

26

pregnant

woman

or

formerly

pregnant

woman

if

such

woman

was

an

27

unemancipated

minor,

or

the

consent

of

the

legal

guardian

of

28

the

pregnant

woman

or

formerly

pregnant

woman

to

the

elective

29

abortion.

30

8.

Contributory

or

comparative

negligence.

31

9.

Assumption

of

risk.

32

10.

Any

claim

that

the

enforcement

of

this

chapter

or

33

the

imposition

of

civil

liability

against

the

defendant

will

34

violate

the

constitutional

rights

of

third

parties,

except

as

35

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provided

by

section

146F.9,

subsection

1.

1

Sec.

12.

NEW

SECTION

.

146F.11

Venue.

2

1.

Notwithstanding

any

other

law

to

the

contrary,

including

3

chapter

616,

a

civil

action

brought

under

section

146F.6,

4

146F.7,

or

146F.8

may

be

brought

in

any

of

the

following:

5

a.

The

county

in

which

all

or

a

substantial

part

of

6

the

events

or

omissions

giving

rise

to

the

cause

of

action

7

occurred.

8

b.

The

county

of

residence

for

any

one

of

the

natural

person

9

defendants

at

the

time

the

cause

of

action

accrued.

10

c.

The

county

of

the

principal

office

in

this

state

of

any

11

one

of

the

defendants

that

is

not

a

natural

person.

12

d.

The

county

of

residence

for

the

plaintiff

if

the

13

plaintiff

is

a

natural

person

residing

in

the

state.

14

2.

If

a

civil

action

is

brought

under

section

146F.6,

15

146F.7,

or

146F.8

in

any

venue

described

in

subsection

1,

the

16

action

shall

not

be

transferred

to

a

different

venue

without

17

the

written

consent

of

all

parties.

18

Sec.

13.

NEW

SECTION

.

146F.12

Personal

jurisdiction

——

19

choice

of

law

——

class

action

lawsuits.

20

1.

Notwithstanding

any

other

law

to

the

contrary,

including

21

section

617.3,

the

courts

of

this

state

shall

have

personal

22

jurisdiction

over

a

defendant

sued

under

section

146F.4,

23

146F.6,

146F.7,

or

146F.8.

24

2.

Notwithstanding

any

other

law

to

the

contrary,

Iowa

law

25

shall

apply

to

any

civil

action

brought

under

section

146F.4,

26

146F.6,

146F.7,

or

146F.8.

27

3.

Notwithstanding

any

other

law

to

the

contrary,

including

28

rule

of

civil

procedure

1.262,

a

civil

action

under

this

29

section

shall

not

be

litigated

on

behalf

of

a

plaintiff

class

30

or

a

defendant

class,

and

a

court

shall

not

certify

a

class

31

under

rule

of

civil

procedure

1.262

in

any

civil

action

brought

32

under

section

146F.4,

146F.6,

146F.7,

or

146F.8.

33

Sec.

14.

NEW

SECTION

.

146F.13

Protection

from

counter

34

lawsuits.

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If

a

lawsuit

is

brought

or

a

judgment

entered

against

a

1

person

in

any

state

or

federal

court,

and

the

lawsuit

or

2

liability

in

whole

or

in

part

is

based

on

that

person’s

3

decision

or

threat

to

bring

an

action

under

section

146F.6,

4

146F.7,

or

146F.8,

that

person

may

recover

damages

from

a

party

5

that

brought

the

action,

obtained

the

judgment,

or

sought

to

6

enforce

the

judgment.

Recoverable

damages

shall

include

all

7

of

the

following:

8

1.

Compensatory

damages

created

by

the

lawsuit

or

judgment

9

including

but

not

limited

to

monetary

damages

in

the

amount

10

of

the

judgment,

and

court

costs,

expenses,

and

reasonable

11

attorney

fees

expended

in

defending

the

action.

12

2.

Court

costs,

expenses,

and

reasonable

attorney

fees

13

incurred

in

bringing

an

action

under

this

section.

14

3.

Additional

statutory

damages

in

an

amount

of

not

less

15

than

one

hundred

thousand

dollars.

16

Sec.

15.

NEW

SECTION

.

146F.14

Government

contractors

and

17

grant

recipients

——

qui

tam

liability.

18

1.

A

person

that

enters

into

a

contract

with

a

governmental

19

entity

or

a

subcontract

with

a

contractor

of

a

governmental

20

entity,

or

that

receives

any

grant

or

funding

from

a

21

governmental

entity

shall

not

pay

for,

reimburse,

or

subsidize

22

in

any

way

the

costs

associated

with

an

elective

abortion,

23

regardless

of

the

person

upon

whom

the

elective

abortion

is

24

performed,

where

the

elective

abortion

is

performed,

or

the

25

law

of

the

jurisdiction

in

which

the

elective

abortion

is

26

performed,

including

by

engaging

in

any

of

the

following

acts:

27

a.

Providing

coverage

of

elective

abortions

as

an

employee

28

benefit.

29

b.

Paying

for,

reimbursing,

or

subsidizing

the

travel

costs

30

associated

with

obtaining

an

elective

abortion,

or

covering

31

those

costs

as

an

employee

benefit.

32

c.

Donating

or

lending

money,

digital

currency,

resources,

33

or

any

other

thing

of

value

to

an

abortion

provider,

abortion

34

fund,

or

an

affiliate

of

an

abortion

provider,

either

directly

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or

by

laundering

the

donation

or

loan

through

an

intermediary.

1

d.

Offering,

providing,

or

lending

money,

digital

currency,

2

resources,

or

any

other

thing

of

value

with

the

knowledge

3

that

the

thing

of

value

will

be

used

to

pay

for,

offset,

or

4

reimburse

the

costs

of

an

elective

abortion

or

the

costs

5

associated

with

procuring

an

elective

abortion.

6

e.

Performing

or

providing

any

type

of

work

or

service

for

7

an

abortion

provider,

abortion

fund,

or

an

affiliate

of

an

8

abortion

provider,

regardless

of

whether

such

work

or

service

9

is

done

on

a

paid,

contract,

or

volunteer

basis,

except

for

10

the

provision

of

basic

public

services,

including

fire

and

11

police

protection

and

utilities,

by

a

governmental

entity

or

a

12

common

carrier

to

an

abortion

provider,

an

abortion

fund,

or

13

an

affiliate

of

an

abortion

provider

in

the

same

manner

as

the

14

governmental

entity

or

common

carrier

provides

the

services

to

15

the

general

public.

16

f.

Paying,

offering

to

pay,

or

providing

insurance

that

17

covers

legal

expenses,

court

judgments,

or

settlements

of

those

18

who

violate

the

abortion

laws

of

the

United

States,

or

the

19

abortion

laws

of

any

state,

local,

or

foreign

jurisdiction.

20

g.

Engaging

in

any

conduct

that

would

constitute

aiding

and

21

abetting

an

elective

abortion,

regardless

of

the

person

upon

22

whom

the

elective

abortion

is

performed,

where

the

elective

23

abortion

is

performed,

or

the

law

of

the

jurisdiction

in

which

24

the

elective

abortion

is

performed.

25

2.

A

person

shall

not

enter

into

a

contract

with

a

26

governmental

entity,

enter

into

a

subcontract

with

a

contractor

27

of

a

governmental

entity,

or

receive

any

grant

or

funding

from

28

a

governmental

entity,

unless

the

person

certifies

in

writing

29

that

the

person

complies

with

each

of

the

requirements

in

30

subsection

1.

31

3.

A

person

that

violates

subsection

1

after

entering

32

into

a

contract

with

a

governmental

entity,

entering

into

a

33

subcontract

with

a

contractor

of

a

governmental

entity,

or

34

receiving

any

type

of

grant

or

funding

from

a

governmental

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entity,

shall

be

subject

to

qui

tam

liability

as

provided

in

1

section

146F.7.

2

Sec.

16.

NEW

SECTION

.

146F.15

Internet

service

providers

——

3

blocking

access

to

certain

information

——

immunity

——

recoverable

4

damages

resulting

from

lawsuit.

5

1.

An

internet

service

provider

that

provides

service

in

the

6

state

shall

make

all

reasonable

and

technologically

feasible

7

efforts

to

block

access

to

all

of

the

following:

8

a.

Child

pornography

as

defined

in

18

U.S.C.

§2256(8).

9

b.

Information

or

material

intended

to

assist

or

facilitate

10

efforts

to

obtain

elective

abortions

or

abortion-inducing

drugs

11

including

but

not

limited

to

the

following:

12

(1)

An

internet

site,

platform,

or

other

interactive

13

computer

service

operated

by

or

on

behalf

of

an

abortion

14

provider

or

abortion

fund.

15

(2)

An

internet

site,

platform,

or

other

interactive

16

computer

service

for

downloading

any

application

or

software

17

for

use

on

a

computer

or

electronic

device

that

is

designed

to

18

assist

or

facilitate

efforts

to

obtain

elective

abortions

or

19

abortion-inducing

drugs.

20

(3)

An

internet

site,

platform,

or

other

interactive

21

computer

service

that

allows

or

enables

those

who

provide

or

22

aid

or

abet

elective

abortions,

or

those

who

manufacture,

mail,

23

distribute,

transport,

deliver,

or

provide

abortion-inducing

24

drugs,

to

collect

money,

digital

currency,

resources,

or

any

25

other

thing

of

value

in

exchange

for

such

services.

26

2.

A

person

who

becomes

aware

that

information

or

material

27

described

in

subsection

1

is

accessible

through

internet

28

service

provided

by

an

entity

that

provides

internet

service

29

in

the

state

may

notify

that

internet

service

provider

and

30

request

that

the

internet

service

provider

block

access

to

the

31

information

or

material.

A

person

may

provide

notification

by

32

any

of

the

following

means:

33

a.

Calling

the

internet

service

provider’s

customer

support

34

number

and

providing

a

precise

description

and

location

of

the

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information

or

material

described

in

subsection

1.

1

b.

Mailing

a

letter

to

the

internet

service

provider

and

2

providing

a

precise

description

and

location

of

the

information

3

or

material

described

in

subsection

1.

4

3.

Notwithstanding

any

other

law

to

the

contrary,

direct

5

or

indirect

enforcement

of

this

section

shall

not

be

taken

6

or

threatened

by

a

governmental

entity,

or

by

an

officer

or

7

employee

of

a

governmental

entity,

by

any

means.

However,

8

the

state,

its

political

subdivisions,

and

officers

and

9

employees

of

the

state

and

its

political

subdivisions

may

ask

10

or

encourage

internet

service

providers

to

comply

with

the

11

provisions

of

this

section.

12

4.

Notwithstanding

any

other

law

to

the

contrary,

an

13

internet

service

provider

shall

have

absolute

and

nonwaivable

14

immunity

from

liability

or

suit

on

account

of

any

of

the

15

following:

16

a.

An

action

taken

to

comply

with

the

requirements

of

this

17

section,

or

to

restrict

access

to

or

availability

of

any

of

the

18

information

or

material

described

in

subsection

1.

19

b.

An

action

taken

to

enable

or

make

available

to

20

information

content

providers

or

others

the

technical

means

21

to

restrict

access

to

information

or

material

described

in

22

subsection

1.

23

c.

A

denial

of

service

to

those

who

use

or

seek

to

use

the

24

internet

to

make

available

information

or

material

described

in

25

subsection

1.

26

5.

If

a

lawsuit

is

brought

or

a

judgment

entered

against

an

27

internet

service

provider

in

any

state

or

federal

court,

and

28

the

lawsuit

or

liability

in

whole

or

in

part

is

based

on

the

29

internet

service

provider’s

compliance

with

the

requirements

of

30

this

section,

the

internet

service

provider

may

recover

damages

31

from

a

party

that

brought

the

action,

obtained

that

judgment,

32

or

sought

to

enforce

that

judgment.

Recoverable

damages

shall

33

include

all

of

the

following:

34

a.

Compensatory

damages

created

by

the

lawsuit

or

judgment,

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including

but

not

limited

to

monetary

damages

in

the

amount

of

1

the

judgment,

expenses,

and

reasonable

attorney

fees

spent

in

2

defending

the

action.

3

b.

Court

costs,

expenses,

and

reasonable

attorney

fees

4

incurred

in

bringing

an

action

under

this

section.

5

c.

Additional

statutory

damages

in

an

amount

not

less

than

6

one

hundred

thousand

dollars.

7

Sec.

17.

NEW

SECTION

.

146F.16

Internet

service

in

publicly

8

owned

buildings

——

public

libraries

and

school

districts

9

and

institutions

of

higher

education

——

access

to

certain

10

information.

11

1.

A

publicly

owned

building

in

the

state

that

provides

12

internet

service

shall

be

equipped

to

operate

a

technology

13

protection

measure

with

respect

to

each

of

the

computers

with

14

internet

access

in

the

publicly

owned

building

that

protects

15

against

access

through

those

computers

to

all

of

the

following:

16

a.

Child

pornography

as

defined

in

18

U.S.C.

§2256(8).

17

b.

Information

or

material

that

is

intended

to

assist

18

or

facilitate

efforts

to

obtain

elective

abortions

or

19

abortion-inducing

drugs,

including

but

not

limited

to

the

20

following

interactive

computer

services:

21

(1)

An

internet

site,

platform,

or

other

interactive

22

computer

service

operated

by

or

on

behalf

of

an

abortion

23

provider

or

abortion

fund.

24

(2)

An

internet

site,

platform,

or

other

interactive

25

computer

service

for

downloading

any

application

or

software

26

for

use

on

a

computer

or

electronic

device

that

is

designed

to

27

assist

or

facilitate

efforts

to

obtain

elective

abortions

or

28

abortion-inducing

drugs.

29

(3)

An

internet

site,

platform,

or

other

interactive

30

computer

service

that

allows

or

enables

those

who

provide

or

31

aid

or

abet

elective

abortions,

or

those

who

manufacture,

mail,

32

distribute,

transport,

deliver,

or

provide

abortion-inducing

33

drugs,

to

collect

money,

digital

currency,

resources,

or

any

34

other

thing

of

value

in

exchange

for

such

services.

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2.

A

person

who

becomes

aware

that

information

or

material

1

described

in

subsection

1

is

accessible

through

internet

2

service

provided

by

a

government-owned

building,

public

3

library

location,

school

district

location,

or

location

of

an

4

institution

of

higher

education

governed

by

the

state

board

of

5

regents

in

the

state

may

notify

an

administrator,

supervisor,

6

or

other

authority

with

control

over

the

building

or

location

7

and

request

that

the

authority

block

access

to

that

information

8

or

material.

9

3.

An

administrator,

supervisor,

or

other

authority

10

may

disable

a

technology

protection

measure

that

blocks

the

11

information

specified

under

subsection

1

to

enable

access

for

12

bona

fide

research

or

other

lawful

purposes.

13

Sec.

18.

NEW

SECTION

.

146F.17

Governmental

entities

and

14

political

subdivisions

——

prohibitions

relating

to

elective

15

abortion

and

taxpayer

resource

transactions

——

qui

tam

actions.

16

1.

a.

Notwithstanding

any

other

law

to

the

contrary,

17

a

political

subdivision

may

enact

and

enforce

ordinances

18

regulating,

restricting,

or

prohibiting

elective

abortion

and

19

conduct

that

aids

or

abets

elective

abortion.

20

b.

A

provision

of

state

law

shall

not

be

construed

to

limit

21

a

political

subdivision

from

enacting

or

enforcing

ordinances

22

regulating,

restricting,

or

prohibiting

elective

abortion

and

23

conduct

that

aids

or

abets

elective

abortion,

unless

it

clearly

24

and

explicitly

does

so

with

specific

reference

to

this

section.

25

2.

A

governmental

entity

shall

not

enter

into

a

taxpayer

26

resource

transaction

with

any

of

the

following:

27

a.

An

abortion

fund.

28

b.

An

abortion

provider.

29

c.

An

affiliate

of

an

abortion

provider.

30

d.

A

person

who

pays

for,

reimburses,

or

subsidizes

in

any

31

way

the

costs

associated

with

an

elective

abortion,

regardless

32

of

the

person

upon

whom

the

elective

abortion

is

performed,

33

where

the

elective

abortion

is

performed,

and

the

law

of

the

34

jurisdiction

in

which

the

elective

abortion

is

performed,

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unless

required

to

do

so

by

federal

law

or

as

a

condition

of

1

receiving

federal

funds.

2

3.

a.

A

person

has

standing

to

bring

and

may

bring

a

qui

3

tam

action

against

a

person

that

enacts,

issues,

enforces,

or

4

attempts

to

enforce

any

ordinance,

order,

rule,

directive,

5

requirement,

or

written

or

unwritten

policy

described

6

in

subsection

1,

or

that

enters

into

a

taxpayer

resource

7

transaction

described

in

subsection

2.

An

action

under

this

8

section

shall

be

brought

in

the

name

of

the

person

and

the

9

state.

10

b.

A

plaintiff

who

prevails

in

a

qui

tam

action

brought

11

under

this

section

shall

recover

all

of

the

following:

12

(1)

Declaratory

and

injunctive

relief.

13

(2)

Nominal

and

compensatory

damages

if

the

plaintiff

has

14

suffered

injury

or

harm

from

the

defendant’s

conduct.

15

(3)

Civil

penalties

in

an

amount

of

not

less

than

ten

16

thousand

dollars

for

each

ordinance,

order,

rule,

directive,

17

requirement,

or

written

or

unwritten

policy

that

the

defendant

18

enacted,

issued,

enforced,

or

attempted

to

enforce

in

violation

19

of

subsection

1

and

for

each

prohibited

taxpayer

resource

20

transaction

that

the

defendant

entered

into

in

violation

of

21

subsection

2.

22

(4)

Court

costs

and

reasonable

attorney

fees.

23

4.

Notwithstanding

subsection

3,

a

court

shall

not

award

24

relief

under

subsection

3,

paragraph

“b”

,

subparagraph

(3)

or

25

(4),

if

the

defendant

demonstrates

that

a

court

has

already

26

ordered

the

defendant

to

pay

the

full

amount

of

civil

penalties

27

under

subsection

3,

paragraph

“b”

,

subparagraph

(3),

in

another

28

action

for

that

particular

taxpayer

resource

transaction

that

29

the

defendant

entered

in

violation

of

subsection

2.

30

5.

Sovereign

immunity,

governmental

immunity,

and

official

31

immunity

are

waived

and

abrogated

in

any

lawsuit

brought

under

32

subsection

3,

and

shall

not

be

asserted

as

a

defense

in

those

33

proceedings.

34

6.

A

person

bringing

an

action

under

this

section

is

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entitled

to

receive

twenty-five

percent

of

the

civil

penalties

1

recovered.

The

remainder

of

the

recovered

civil

penalties

2

shall

be

paid

to

the

state.

3

7.

The

state

is

not

liable

for

expenses

that

a

person

incurs

4

in

bringing

an

action

under

this

section.

5

Sec.

19.

NEW

SECTION

.

146F.18

Medicaid

——

persons

qualified

6

to

perform

services.

7

1.

Notwithstanding

any

other

law

to

the

contrary,

the

8

following

persons

shall

not

be

deemed

persons

qualified

to

9

perform

the

service

or

services

required

as

described

under

42

10

U.S.C.

§1396a(a)(23)

under

the

Medicaid

program:

11

a.

A

person

engaged

in

a

pattern

of

racketeering

activity

as

12

defined

in

18

U.S.C.

§1961

and

§1962,

including

racketeering

13

activity

that

violates

18

U.S.C.

§1461

and

18

U.S.C.

§1462(c).

14

b.

A

person

that

performs

or

participates

in

an

elective

15

abortion

in

violation

of

the

laws

of

this

state

or

in

violation

16

of

the

laws

of

another

state.

17

c.

An

abortion

provider

or

affiliate

of

an

abortion

18

provider.

19

2.

Notwithstanding

any

other

law

to

the

contrary,

the

state

20

and

its

officers

and

employees

shall

have

sovereign

immunity

in

21

any

lawsuit

brought

to

restrain

the

state

and

its

officers

and

22

employees

from

enforcing

subsection

1.

23

3.

Notwithstanding

any

other

law

to

the

contrary,

an

24

attorney

representing

the

state,

its

political

subdivisions,

or

25

an

officer

or

employee

of

the

state

or

a

political

subdivision

26

shall

not

waive

the

immunity

described

in

subsection

2

or

take

27

any

action

that

would

result

in

a

waiver

of

that

immunity,

and

28

any

such

action

or

purported

waiver

shall

be

a

legal

nullity

29

and

an

ultra

vires

act.

30

Sec.

20.

NEW

SECTION

.

146F.19

Costs

of

lawsuits

for

31

injunctive

or

declaratory

relief

relating

to

restrictions

on

32

elective

abortions

——

payment

to

prevailing

party.

33

1.

Notwithstanding

any

other

law

to

the

contrary,

a

person

34

that

seeks

declaratory

or

injunctive

relief

to

prevent

the

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state,

a

political

subdivision,

an

officer

or

employee

of

1

the

state

or

a

political

subdivision,

or

a

person

in

this

2

state

from

enforcing

or

bringing

suit

to

enforce

any

statute,

3

ordinance,

rule,

regulation,

or

any

other

type

of

law

that

4

regulates

or

restricts

elective

abortion

or

that

limits

5

taxpayer

funding

for

a

person

that

performs

or

promotes

6

elective

abortion

in

any

state

or

federal

court,

or

that

7

represents

a

litigant

seeking

relief

in

any

state

or

federal

8

court,

is

jointly

and

severally

liable

to

pay

the

court

costs

9

and

reasonable

attorney

fees

of

the

prevailing

party,

including

10

the

court

costs

and

reasonable

attorney

fees

the

prevailing

11

party

incurs

in

the

prevailing

party’s

efforts

to

recover

such

12

court

costs

and

reasonable

attorney

fees.

13

2.

For

purposes

of

this

section,

a

party

is

considered

a

14

prevailing

party

if

a

state

or

federal

court

does

any

of

the

15

following:

16

a.

Dismisses

any

claim

or

cause

of

action

brought

against

17

the

party

that

seeks

the

declaratory

or

injunctive

relief

18

described

in

subsection

1,

regardless

of

the

reason

for

the

19

dismissal.

20

b.

Enters

a

judgment

in

the

party’s

favor

on

any

such

claim

21

or

cause

of

action.

22

3.

A

prevailing

party

may

recover

court

costs

and

reasonable

23

attorney

fees

under

this

section

only

to

the

extent

that

those

24

court

costs

and

attorney

fees

were

incurred

while

defending

25

claims

or

causes

of

action

on

which

the

party

prevailed.

26

4.

Regardless

of

whether

a

prevailing

party

sought

to

27

recover

court

costs

or

reasonable

attorney

fees

in

the

28

underlying

action,

a

prevailing

party

under

this

section

may

29

bring

a

civil

action

to

recover

court

costs

and

reasonable

30

attorney

fees

against

a

person

that

sought

declaratory

or

31

injunctive

relief

described

in

subsection

1

not

later

than

32

three

years

from

the

date

on

which

any

of

the

following

occurs,

33

as

applicable:

34

a.

The

dismissal

or

judgment

described

in

subsection

2

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becomes

final

on

the

conclusion

of

appellate

review.

1

b.

The

time

for

seeking

appellate

review

expires.

2

5.

It

is

not

a

defense

to

an

action

brought

under

subsection

3

4

that

any

of

the

following

applies:

4

a.

A

prevailing

party

under

this

section

failed

to

seek

5

recovery

of

court

costs

or

reasonable

attorney

fees

in

the

6

underlying

action.

7

b.

The

court

in

the

underlying

action

declined

to

recognize

8

or

enforce

the

requirements

of

this

section.

9

c.

The

court

in

the

underlying

action

held

that

any

10

provision

of

this

section

is

invalid,

unconstitutional,

or

11

preempted

by

federal

law,

notwithstanding

the

doctrines

of

12

issue

or

claim

preclusion.

13

6.

a.

Notwithstanding

any

other

law

to

the

contrary,

14

including

chapter

616,

a

civil

action

brought

under

subsection

15

4

may

be

brought

in

any

of

the

following:

16

(1)

The

county

in

which

all

or

a

substantial

part

of

17

the

events

or

omissions

giving

rise

to

the

cause

of

action

18

occurred.

19

(2)

The

county

of

residence

for

any

one

of

the

natural

20

person

defendants

at

the

time

the

cause

of

action

accrued.

21

(3)

The

county

of

the

principal

office

in

this

state

of

any

22

one

of

the

defendants

that

is

not

a

natural

person.

23

(4)

The

county

of

residence

for

the

plaintiff

if

the

24

plaintiff

is

a

natural

person

residing

in

this

state.

25

b.

Any

contractual

choice-of-forum

provision

that

purports

26

to

require

a

civil

action

under

subsection

4

to

be

litigated

27

in

a

forum

other

than

as

specified

in

paragraph

“a”

shall

be

28

void

as

against

public

policy,

and

shall

not

be

enforced

in

any

29

state

or

federal

court.

30

7.

If

a

civil

action

is

brought

under

subsection

4

in

31

any

venue

described

in

subsection

6,

the

action

shall

not

be

32

transferred

to

a

different

venue

without

the

written

consent

33

of

all

parties.

34

Sec.

21.

NEW

SECTION

.

146F.20

Immunity

from

suit

and

limits

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on

state

court

jurisdiction.

1

1.

a.

Notwithstanding

any

other

law

to

the

contrary,

the

2

state,

its

political

subdivisions,

or

an

officer

or

employee

3

of

this

state

or

a

political

subdivision

shall

have

sovereign

4

immunity,

governmental

immunity,

and

official

immunity,

as

5

applicable,

in

any

action,

claim,

counterclaim,

or

any

type

6

of

legal

or

equitable

action

that

challenges

the

validity

of

7

any

provision

or

application

of

this

chapter

on

constitutional

8

grounds

or

otherwise,

or

that

seeks

to

prevent

or

enjoin

the

9

state,

its

political

subdivisions,

or

an

officer

or

employee

10

of

this

state

or

a

political

subdivision

from

enforcing

any

11

provision

or

application

of

this

chapter,

or

from

hearing,

12

adjudicating,

or

docketing

a

civil

action

brought

under

section

13

146F.6,

146F.7,

or

146F.8,

unless

that

immunity

has

been

14

abrogated

or

preempted

by

federal

law.

15

b.

The

sovereign

immunity

conferred

by

this

section

upon

16

the

state

and

each

of

its

officers

and

employees

includes

17

the

constitutional

sovereign

immunity

which

applies

in

both

18

state

and

federal

court

and

which

may

not

be

abrogated

by

the

19

congress

of

the

United

States

or

by

any

state

or

federal

court

20

except

pursuant

to

legislation

authorized

by

section

5

of

the

21

fourteenth

amendment

to

the

Constitution

of

the

United

States.

22

2.

Notwithstanding

any

other

law

to

the

contrary,

the

23

immunities

conferred

by

subsection

1

shall

apply

in

every

24

court,

both

state

and

federal,

and

in

every

adjudicative

25

proceeding

of

any

type.

26

3.

Notwithstanding

any

other

law

to

the

contrary,

a

27

provision

of

state

law

shall

not

be

construed

to

waive

or

28

abrogate

an

immunity

described

in

subsection

1

unless

the

29

provision

expressly

waives

or

abrogates

immunity

with

specific

30

reference

to

this

section.

31

4.

Notwithstanding

any

other

law

to

the

contrary,

an

32

attorney

representing

the

state,

its

political

subdivisions,

or

33

an

officer

or

employee

of

this

state

or

a

political

subdivision

34

shall

not

waive

an

immunity

described

in

subsection

1

or

take

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any

action

that

would

result

in

a

waiver

of

that

immunity,

and

1

any

such

action

or

purported

waiver

shall

be

a

legal

nullity

2

and

an

ultra

vires

act.

3

5.

Notwithstanding

any

other

law

to

the

contrary,

including

4

rule

of

civil

procedure

1.1101,

and

sections

602.4102,

5

602.5103,

and

602.6101,

a

court

of

this

state

shall

not

award

6

declaratory

or

injunctive

relief

or

any

type

of

writ

that

7

would

pronounce

any

provision

or

application

of

this

chapter

8

invalid

or

unconstitutional,

or

that

would

restrain

the

state,

9

its

political

subdivisions,

an

officer

or

employee

of

this

10

state

or

a

political

subdivision,

or

a

person

from

enforcing

11

any

provision

or

application

of

this

chapter,

or

from

hearing,

12

adjudicating,

docketing,

or

filing

a

civil

action

brought

under

13

section

146F.6,

146F.7,

or

146F.8,

and

a

court

of

this

state

14

shall

not

have

jurisdiction

to

consider

any

action,

claim,

or

15

counterclaim

that

seeks

such

relief.

16

6.

Notwithstanding

any

other

law

to

the

contrary,

any

17

judicial

relief

issued

by

a

court

of

this

state

that

disregards

18

the

immunities

conferred

by

subsection

1,

or

the

jurisdictional

19

limitations

specified

by

subsection

5,

shall

be

a

legal

nullity

20

due

to

lack

of

jurisdiction,

and

shall

not

be

enforced

or

21

obeyed

by

an

officer

or

employee

of

this

state

or

a

political

22

subdivision,

judicial

or

otherwise.

23

7.

Notwithstanding

any

other

law

to

the

contrary,

any

24

injunction,

declaratory

judgment,

or

writ

issued

by

a

court

25

of

this

state

that

purports

to

restrain

the

state,

its

26

political

subdivisions,

an

officer

or

employee

of

this

state

27

or

a

political

subdivision,

or

any

person

from

hearing,

28

adjudicating,

docketing,

or

filing

a

civil

action

brought

under

29

section

146F.6,

146F.7,

or

146F.8,

shall

be

a

legal

nullity

30

and

a

violation

of

the

due

process

clause

of

the

fourteenth

31

amendment

of

the

Constitution

of

the

United

States,

and

shall

32

not

be

enforced

or

obeyed

by

an

officer

or

employee

of

this

33

state

or

a

political

subdivision,

judicial

or

otherwise.

34

8.

Notwithstanding

any

other

law

to

the

contrary,

an

officer

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or

employee

of

this

state

or

a

political

subdivision,

judicial

1

or

otherwise,

who

issues,

enforces,

or

obeys

an

injunction,

2

declaratory

judgment,

or

writ

described

in

subsection

7

shall

3

be

subject

to

suit

by

a

person

who

is

prevented

from

or

delayed

4

in

bringing

a

civil

action

under

section

146F.6,

146F.7,

or

5

146F.8,

and

a

plaintiff

who

prevails

in

an

action

brought

under

6

this

section

shall

be

awarded

and

recover

all

of

the

following:

7

a.

Injunctive

relief.

8

b.

Compensatory

damages.

9

c.

Punitive

damages

of

not

less

than

one

hundred

thousand

10

dollars.

11

d.

Court

costs

and

reasonable

attorney

fees.

12

9.

Notwithstanding

any

other

law

to

the

contrary,

a

person

13

who

violates

subsection

5

or

7

is

prohibited

from

all

of

the

14

following:

15

a.

Asserting

and

being

entitled

to

any

type

of

immunity

16

defense,

including

sovereign

immunity,

governmental

immunity,

17

official

immunity,

or

judicial

immunity.

18

b.

Being

indemnified

for

any

award

of

damages,

court

costs,

19

and

reasonable

attorney

fees

entered

against

the

person,

or

for

20

the

costs

of

the

person’s

legal

defense.

21

c.

Receiving

or

obtaining

legal

representation

from

the

22

attorney

general

of

this

state

in

any

action

brought

under

23

subsection

8.

24

10.

Notwithstanding

any

other

law

to

the

contrary,

a

person

25

who

sues

and

seeks

any

injunction,

declaratory

judgment,

or

26

writ

that

would

restrain

a

person

from

hearing,

adjudicating,

27

docketing,

or

filing

a

civil

action

brought

under

section

28

146F.6,

146F.7,

or

146F.8,

shall

pay

the

court

costs

and

29

reasonable

attorney

fees

of

the

person

sued.

A

person

may

30

bring

a

civil

action

to

recover

the

court

costs

and

reasonable

31

attorney

fees

in

state

or

federal

court.

It

shall

not

be

a

32

defense

to

a

civil

action

brought

under

this

subsection

that

33

any

of

the

following

applies:

34

a.

The

plaintiff

failed

to

seek

recovery

of

court

costs

or

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attorney

fees

in

the

underlying

action.

1

b.

The

court

in

the

underlying

action

declined

to

recognize

2

or

enforce

the

requirements

of

this

section.

3

c.

The

court

in

the

underlying

action

held

any

provision

4

of

this

section

invalid,

unconstitutional,

or

preempted

by

5

federal

law,

notwithstanding

the

doctrines

of

issue

or

claim

6

preclusion.

7

Sec.

22.

NEW

SECTION

.

146F.21

Pregnant

woman

not

subject

to

8

criminal

or

civil

action,

penalties,

or

liability.

9

Notwithstanding

any

other

law

to

the

contrary,

this

chapter

10

shall

not

be

construed

to

subject

a

pregnant

woman

or

formerly

11

pregnant

woman

on

whom

an

elective

abortion

was

performed

or

12

attempted

to

be

performed

to

any

of

the

following:

13

1.

Any

civil

or

criminal

action

under

this

chapter.

14

2.

Any

type

of

criminal

or

civil

penalty

or

liability

under

15

this

chapter.

16

Sec.

23.

SEVERABILITY.

17

1.

If

any

provision

of

this

Act

or

its

application

to

18

any

person

or

circumstance

is

held

invalid,

the

invalidation

19

does

not

affect

other

provisions

or

applications

of

this

Act

20

which

can

be

given

effect

without

the

invalid

provision

or

21

application,

and

to

this

end

the

provisions

of

this

Act

are

22

severable.

23

2.

A

court

shall

not

decline

to

enforce

the

severability

24

requirements

of

this

section

on

the

ground

that

severance

25

would

rewrite

the

statute

or

involve

a

court

in

legislative

or

26

lawmaking

activity.

27

Sec.

24.

EFFECTIVE

DATE.

This

Act,

being

deemed

of

28

immediate

importance,

takes

effect

upon

enactment.

29

EXPLANATION

30

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

31

the

explanation’s

substance

by

the

members

of

the

general

assembly.

32

This

bill

creates

the

Iowa

human

life

protection

Act

in

new

33

Code

chapter

146F,

and

provides

for

civil

actions

and

civil

34

penalties.

The

bill

includes

findings

relating

to

human

life

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and

abortion.

1

New

Code

section

146F.2

provides

definitions

used

in

the

2

new

Code

chapter

including

“abortion

fund”,

“abortion-inducing

3

drug”,

“abortion

provider”,

“affiliate”,

“aiding

or

abetting”,

4

“attempt”

or

“attempts”,

“elective

abortion”,

“fertilization”,

5

“governmental

entity”,

“information

content

provider”,

6

“interactive

computer

service”,

“major

bodily

function”,

7

“medical

emergency”,

“medically

indicated

separation

8

procedure”,

“perform”,

“performance”,

“performed”,

“performs”,

9

or

“performing”

relative

to

an

elective

abortion,

“person”,

10

“policy”,

“political

subdivision”,

“pregnant”,

“taxpayer

11

resource

transaction”,

“unborn

child”,

and

“woman”

or

“women”.

12

New

Code

section

146F.3

prohibits

a

person

from

knowingly

13

using,

employing,

or

administering

any

drug,

instrument,

14

device,

means,

or

procedure

upon

a

pregnant

woman

with

the

15

specific

intent

to

cause

an

elective

abortion,

or

from

aiding

16

or

abetting

such

conduct.

The

prohibition

applies

if

any

17

portion

of

the

prohibited

conduct

or

elective

abortion

occurs

18

in

the

state

or

within

the

jurisdiction

of

the

state.

19

The

requirements

of

new

Code

section

146F.3

shall

be

20

enforced

exclusively

through

the

qui

tam

actions

described

in

21

the

bill;

direct

or

indirect

enforcement

shall

not

be

taken

22

or

threatened;

and

a

violation

of

the

Code

section

shall

not

23

be

used

to

justify

or

trigger

the

enforcement

of

any

other

24

law

or

any

type

of

adverse

consequence

under

any

other

law,

25

except

as

provided

in

the

provisions

of

the

bill

relating

to

26

qui

tam

actions.

However,

the

Code

section

does

not

preclude

27

or

limit

the

enforcement

of

any

other

law

or

regulation

against

28

conduct

that

is

independently

prohibited

by

such

other

law

or

29

regulation

and

that

would

remain

prohibited

by

such

other

law

30

or

regulation.

The

prohibition

does

not

apply

to

speech

or

31

conduct

protected

by

the

first

amendment

to

the

Constitution

of

32

the

United

States;

conduct

the

state

is

forbidden

to

regulate

33

under

federal

law

or

the

Constitution

of

the

United

States;

the

34

provision

of

basic

public

services

by

a

governmental

entity

or

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a

common

carrier

to

an

abortion

provider,

an

abortion

fund,

or

1

an

affiliate

of

an

abortion

provider

or

abortion

fund

in

the

2

same

manner

those

services

are

provided

to

the

general

public;

3

or

conduct

taken

at

the

behest

of

a

federal

agency,

contractor,

4

or

employee

that

is

carrying

out

duties

under

federal

law,

if

5

a

prohibition

on

that

conduct

would

violate

the

doctrine

of

6

preemption

or

intergovernmental

immunity.

7

New

Code

section

146F.4

provides

for

liability

for

wrongful

8

death

and

personal

injuries

related

to

an

elective

abortion.

9

The

Code

section

provides

that

a

person

who

violates

new

10

Code

section

146F.3

shall

be

subject

to

joint

and

several

11

liability

for

the

wrongful

death

of

an

unborn

child

who

dies

12

from

the

elective

abortion;

and

strict,

and

joint

and

several

13

liability

for

the

wrongful

death

of

a

pregnant

woman

or

14

formerly

pregnant

woman

who

dies

from

the

elective

abortion

and

15

any

personal

injuries

suffered

by

an

unborn

child

or

pregnant

16

woman

or

formerly

pregnant

woman

from

the

elective

abortion.

17

A

surviving

parent

of

an

unborn

child

who

was

aborted

in

18

violation

of

the

bill

may

maintain

an

action

for

wrongful

death

19

against

a

person

who

knowingly

violated

the

bill

resulting

in

20

the

wrongful

death

of

the

unborn

child.

21

The

bill

prohibits

a

lawsuit

under

new

Code

section

146E.4

22

against

and

by

certain

people

including:

against

a

pregnant

23

woman

or

formerly

pregnant

woman

who

aborted

or

attempted

to

24

abort

the

pregnant

woman’s

unborn

child;

against

a

person

25

that

acted

at

the

behest

of

a

federal

agency,

contractor,

or

26

employee

that

is

carrying

out

duties

under

federal

law,

if

27

the

imposition

of

liability

would

violate

the

doctrine

of

28

preemption

or

intergovernmental

immunity;

by

a

person

who

29

through

an

act

of

sexual

assault

or

incest

impregnated

the

30

pregnant

woman

or

formerly

pregnant

woman;

and

against

a

31

provider

or

user

of

an

interactive

computer

service

if

such

32

a

lawsuit

would

be

preempted

by

federal

law.

A

prevailing

33

plaintiff

is

entitled

to

recover

compensatory

damages,

court

34

costs

and

reasonable

attorney

fees,

and

punitive

damages

of

not

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less

than

$100,000.

1

Under

new

Code

section

146F.4,

if

a

plaintiff

brings

suit

in

2

response

to

a

drug-induced

abortion

and

is

unable

to

identify

3

the

specific

manufacturer

of

the

abortion-inducing

drug

that

4

caused

the

death

or

injury,

liability

is

apportioned

among

all

5

manufacturers

of

abortion-inducing

drugs

in

proportion

to

each

6

manufacturer’s

share

of

the

market

for

abortion-inducing

drugs.

7

A

person

may

bring

an

action

no

later

than

six

years

from

the

8

date

the

cause

of

action

accrues.

Waiver

of

the

right

to

sue

is

9

void

as

against

public

policy

and

shall

not

be

enforceable

in

10

any

court.

The

Code

section

shall

not

be

construed

to

impose

11

liability

on

constitutionally

protected

speech

or

conduct.

12

New

Code

section

146F.5

relates

to

prohibitions

related

13

to

abortion-inducing

drugs

and

qui

tam

enforcement.

The

14

Code

section

provides

that

it

is

unlawful

for

a

person

15

to

manufacture,

possess,

or

distribute

abortion-inducing

16

drugs

in

the

state;

mail,

transport,

deliver,

or

provide

17

abortion-inducing

drugs

in

any

manner

to

or

from

a

person

18

or

location

in

the

state;

or

engage

in

any

conduct

that

19

constitutes

aiding

and

abetting

the

manufacture,

possession,

20

distribution,

mailing,

transporting,

delivery,

or

provision

21

of

abortion-inducing

drugs.

The

bill

does

not

prohibit

22

constitutionally

protected

speech

or

conduct;

conduct

that

23

the

state

is

forbidden

to

regulate

under

federal

law

or

the

24

Constitution

of

the

United

States;

conduct

taken

at

the

behest

25

of

a

federal

agency,

contractor,

or

employee

that

is

carrying

26

out

duties

under

federal

law,

if

a

prohibition

on

that

conduct

27

would

violate

the

doctrine

of

preemption

or

intergovernmental

28

immunity;

conduct

taken

by

a

pregnant

woman

or

formerly

29

pregnant

woman

who

aborts

or

seeks

to

abort

the

woman’s

unborn

30

child;

the

manufacture,

possession,

distribution,

mailing,

31

transporting,

delivery,

or

provision

of

abortion-inducing

drugs

32

for

a

purpose

that

does

not

include

termination

of

a

pregnancy;

33

the

possession

of

abortion-inducing

drugs

related

to

an

effort

34

to

entrap

persons

that

violate

the

Code

section;

or

any

of

the

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conduct

described

under

the

section

of

the

bill

relating

to

1

interactive

computer

services.

2

New

Code

section

146F.5

shall

only

be

enforced

as

a

qui

3

tam

action

as

provided

under

the

bill

and

direct

or

indirect

4

enforcement

of

the

Code

section

shall

not

be

taken

or

5

threatened.

However,

the

Code

section

does

not

preclude

or

6

limit

the

enforcement

of

any

other

law

or

regulation

against

7

conduct

that

is

independently

prohibited

by

such

other

law

or

8

regulation,

and

that

would

remain

prohibited

by

such

other

law

9

or

regulation.

10

New

Code

section

146F.6

relates

to

liability

for

wrongful

11

death

and

personal

injuries

related

to

the

manufacture,

12

mailing,

distribution,

transportation,

delivery,

or

provision

13

of

abortion-inducing

drugs.

The

Code

section

provides

that

14

a

person

who

manufactures,

mails,

distributes,

transports,

15

delivers,

or

provides

abortion-inducing

drugs;

or

who

aids

or

16

abets

the

manufacture,

mailing,

distribution,

transportation,

17

delivery,

or

provision

of

abortion-inducing

drugs

shall

be

18

strictly,

and

jointly

and

severally

liable

for

the

wrongful

19

death

of

an

unborn

child

or

pregnant

woman

who

dies

from

the

20

use

of

abortion-inducing

drugs,

and

for

any

personal

injuries

21

suffered

by

an

unborn

child

or

pregnant

woman

or

formerly

22

pregnant

woman

from

the

use

of

abortion-inducing

drugs.

The

23

surviving

parents

of

an

unborn

child

who

was

aborted

in

24

violation

of

the

Code

section

of

the

bill

relating

to

elective

25

abortion

prohibitions

may

maintain

an

action

for

wrongful

26

death

against

a

person

who

knowingly

violated

the

Code

section

27

resulting

in

the

wrongful

death

of

the

unborn

child.

28

New

Code

section

146F.6

prohibits

a

lawsuit

from

being

29

brought

against

a

pregnant

woman

or

formerly

pregnant

woman

who

30

used

or

sought

to

obtain

abortion-inducing

drugs

to

abort

or

31

attempt

to

abort

her

unborn

child;

against

a

person

that

acted

32

at

the

behest

of

a

federal

agency,

contractor,

or

employee

that

33

is

carrying

out

duties

under

federal

law,

if

the

imposition

34

of

liability

would

violate

the

doctrine

of

preemption

or

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intergovernmental

immunity;

by

a

person

who,

through

an

act

1

of

sexual

assault

or

incest,

impregnated

the

woman

who

used

2

abortion-inducing

drugs;

or

against

a

provider

or

user

of

3

an

interactive

computer

service

if

such

a

lawsuit

would

be

4

preempted

by

federal

law.

5

A

prevailing

plaintiff

under

new

Code

section

146E.6

is

6

entitled

to

recover

compensatory

damages,

court

costs

and

7

reasonable

attorney

fees,

and

punitive

damages

of

not

less

8

than

$100,000.

If

a

plaintiff

brings

suit

in

response

to

a

9

drug-induced

abortion

and

is

unable

to

identify

the

specific

10

manufacturer

of

the

abortion-inducing

drug

that

caused

the

11

death

or

injury,

liability

shall

be

apportioned

among

all

12

manufacturers

of

abortion-inducing

drugs

in

proportion

to

13

each

manufacturer’s

share

of

the

market

for

abortion-inducing

14

drugs.

A

person

may

bring

an

action

no

later

than

six

years

15

from

the

date

the

cause

of

action

accrues.

Waiver

of

the

16

right

to

sue

is

void

as

against

public

policy

and

shall

not

be

17

enforceable

in

any

court.

It

is

an

affirmative

defense

if

a

18

person

sued

under

this

Code

section

was

unaware

that

the

person

19

was

engaged

in

the

conduct

described

in

this

Code

section,

and

20

took

every

reasonable

precaution

to

ensure

that

the

person

21

would

not

manufacture,

mail,

distribute,

transport,

deliver,

22

provide,

or

aid

or

abet

the

manufacture,

mailing,

distribution,

23

transportation,

delivery,

or

provision

of

abortion-inducing

24

drugs.

The

defendant

has

the

burden

of

proving

an

affirmative

25

defense

by

a

preponderance

of

the

evidence.

The

Code

section

26

shall

not

be

construed

to

impose

liability

on

constitutionally

27

protected

speech

or

conduct.

28

New

Code

section

146F.7

provides

for

qui

tam

enforcement

29

for

certain

violations

under

the

bill.

A

person,

other

than

a

30

governmental

entity

or

an

officer

or

employee

of

a

governmental

31

entity,

has

standing

to

bring

and

may

bring

a

qui

tam

action

32

against

any

person

that

violates

any

provision

of

new

Code

33

section

146F.3

(elective

abortion

prohibitions),

146F.4

34

(abortion-inducing

drugs

prohibitions),

or

146F.14

(government

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contractors

and

grant

recipients);

or

any

person

who

intends

1

to

violate

any

provision

of

those

Code

sections.

A

civil

2

action

shall

not

be

brought

under

the

Code

section

against

3

the

pregnant

woman

or

formerly

pregnant

woman

upon

whom

an

4

elective

abortion

was

performed

or

induced

or

attempted

to

be

5

performed

or

induced

or

against

a

pregnant

woman

who

intends

6

or

who

seeks

an

elective

abortion

in

violation

of

the

new

Code

7

chapter;

against

any

person

that

performs,

aids

or

abets,

or

8

attempts

to

perform

or

aid

or

abet

an

elective

abortion

at

9

the

behest

of

a

federal

agency,

contractor,

or

employee

that

10

is

carrying

out

duties

under

federal

law,

if

a

prohibition

on

11

that

elective

abortion

would

violate

the

doctrine

of

preemption

12

or

intergovernmental

immunity;

against

a

common

carrier

that

13

transports

a

pregnant

woman

to

an

abortion

provider,

if

the

14

common

carrier

is

unaware

that

the

pregnant

woman

intends

to

15

abort

the

pregnant

woman’s

unborn

child;

against

a

provider

16

or

user

of

an

interactive

computer

service

if

such

a

lawsuit

17

would

be

preempted

by

federal

law;

or

by

a

person

who,

through

18

an

act

of

sexual

assault

or

incest,

impregnated

a

woman

who

is

19

seeking

an

elective

abortion

or

a

person

who

acts

in

concert

20

or

participation

with

the

person

who

impregnated

the

woman.

21

An

action

shall

be

brought

in

the

name

of

the

person

and

of

22

the

state.

A

plaintiff

who

prevails

in

an

action

under

this

23

Code

section

shall

be

awarded

injunctive

relief,

nominal

and

24

compensatory

damages

if

the

plaintiff

has

suffered

injury

or

25

harm

from

the

defendant’s

conduct,

civil

penalties

of

not

26

less

than

$10,000

for

each

violation,

and

court

costs

and

27

reasonable

attorney

fees.

A

person

may

bring

an

action

no

28

later

than

six

years

from

the

date

the

cause

of

action

accrues.

29

It

is

an

affirmative

defense

if

a

person

sued

was

unaware

30

that

the

person

was

engaged

in

the

specified

conduct

and

took

31

every

reasonable

precaution

to

ensure

that

the

person

would

32

not

be

in

violation

of

the

specified

provisions

of

the

bill.

33

The

Code

section

shall

not

be

construed

to

impose

liability

34

on

constitutionally

protected

speech

or

conduct.

A

court

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shall

not

award

court

costs

or

reasonable

attorney

fees

to

a

1

defendant.

A

person

bringing

an

action

is

entitled

to

receive

2

25

percent

of

the

civil

penalties

recovered,

with

the

remaining

3

civil

penalties

paid

to

the

state.

The

state

is

not

liable

for

4

expenses

that

a

person

incurs

in

bringing

an

action.

5

New

Code

section

146F.8

provides

for

qui

tam

enforcement

6

for

violations

relating

to

interactive

computer

services.

The

7

Code

section

provides

that

a

person,

other

than

a

governmental

8

entity

or

an

officer

or

employee

of

a

governmental

entity,

9

has

standing

to

bring

and

may

bring

a

qui

tam

action

against

10

a

person

that

provides

or

maintains

an

interactive

computer

11

service

that

allows

Iowa

residents

to

access

information

or

12

material

that

assists

or

facilitates

efforts

to

obtain

elective

13

abortions

or

abortion-inducing

drugs;

provides

or

maintains

14

a

platform

for

downloading

any

application

or

software

for

15

use

on

a

computer

or

electronic

device

that

is

designed

to

16

assist

or

facilitate

efforts

to

obtain

elective

abortions

or

17

abortion-inducing

drugs;

or

provides

or

maintains

a

platform

18

that

allows

or

enables

those

who

provide

or

aid

or

abet

19

elective

abortions,

or

those

who

manufacture,

mail,

distribute,

20

transport,

deliver,

or

provide

abortion-inducing

drugs,

to

21

collect

money,

digital

currency,

resources,

or

any

other

thing

22

of

value

in

exchange

for

such

services.

23

An

action

under

new

Code

section

146F.8

shall

be

brought

in

24

the

name

of

the

person

and

the

state.

A

prevailing

plaintiff

25

shall

only

be

awarded

declaratory

and

injunctive

relief,

not

26

damages.

Relief

shall

not

be

awarded

if

the

action

is

brought

27

in

response

to

the

exercise

of

state

or

federal

constitutional

28

rights

that

belong

personally

to

the

defendant;

conduct

taken

29

at

the

behest

of

a

federal

agency,

contractor,

or

employee

30

that

is

carrying

out

duties

under

federal

law,

if

the

relief

31

would

violate

the

doctrine

of

preemption

or

intergovernmental

32

immunity;

or

conduct

taken

by

a

pregnant

woman

or

formerly

33

pregnant

woman

who

aborted

or

attempted

to

abort

such

woman’s

34

unborn

child,

if

such

woman

is

the

named

defendant

in

the

civil

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action.

1

Under

new

Code

section

146F.8,

it

is

an

affirmative

2

defense

if

a

person

who

sued

was

unaware

that

the

person’s

3

interactive

computer

service

or

platform

was

being

used

to

4

assist

or

facilitate

efforts

to

obtain

elective

abortions

5

or

abortion-inducing

drugs;

and

upon

discovering

that

the

6

person’s

interactive

computer

service

or

platform

was

being

7

used

to

assist

or

facilitate

such

efforts,

the

person

took

8

prompt

action

to

block

access

to

any

information,

material,

9

application,

or

software

and

to

block

those

who

provide

or

aid

10

or

abet

elective

abortions

and

those

who

manufacture,

mail,

11

distribute,

transport,

deliver,

or

provide

abortion-inducing

12

drugs,

from

collecting

money,

digital

currency,

resources,

13

or

any

other

thing

of

value

in

exchange

for

such

services

14

through

its

interactive

computer

service

or

platform.

The

15

defendant

has

the

burden

of

proving

an

affirmative

defense

by

16

a

preponderance

of

the

evidence.

A

person

who

engages

in

the

17

violative

conduct

shall

not

be

held

vicariously

liable

for

18

any

nominal,

statutory,

or

compensatory

damages

incurred

by

19

another

information

content

provider;

held

liable

or

legally

20

responsible

for

the

conduct

of

any

publisher

or

speaker

of

any

21

information

provided

by

another

information

content

provider;

22

or

treated

as

the

speaker

or

publisher

of

any

information

23

provided

by

another

information

content

provider

under

any

24

provision

of

state

law.

25

New

Code

section

146F.8

shall

be

enforced

exclusively

26

through

the

qui

tam

action

and

direct

or

indirect

enforcement

27

of

this

Code

section

shall

not

be

taken

or

threatened.

28

However,

the

Code

section

does

not

preclude

or

limit

the

29

enforcement

of

any

other

law

or

regulation

against

conduct

that

30

is

independently

prohibited

by

such

other

law

or

regulation,

31

and

that

would

remain

prohibited

by

such

other

law

or

32

regulation

in

the

absence

of

the

Code

section.

33

Under

new

Code

section

146F.8,

a

provider

or

user

of

34

an

interactive

computer

service

shall

have

absolute

and

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nonwaivable

immunity

from

liability

or

suit

on

account

of

1

an

action

taken

to

restrict

access

to

or

availability

of

2

information

or

material

that

assists

or

facilitates

access

to

3

elective

abortions

or

abortion-inducing

drugs,

whether

or

not

4

such

information

or

material

is

constitutionally

protected;

an

5

action

taken

to

enable

or

make

available

to

information

content

6

providers

or

others

the

technical

means

to

restrict

access

7

to

information

or

material

described

in

the

Code

section;

8

or

a

denial

of

service

to

those

who

provide

or

aid

or

abet

9

elective

abortions,

or

those

who

manufacture,

mail,

distribute,

10

transport,

deliver,

or

provide

abortion-inducing

drugs.

The

11

state

is

not

liable

for

expenses

that

a

person

incurs

in

12

bringing

an

action

under

the

Code

section.

13

New

Code

section

146F.9

provides

affirmative

defenses

for

14

a

defendant

against

whom

an

action

is

brought

under

new

Code

15

section

146F.6

(liability

for

wrongful

death

and

personal

16

injury

——

abortion-inducing

drugs),

146F.7

(qui

tam

enforcement

17

for

certain

violations),

or

146F.8

(qui

tam

enforcement

——

18

interactive

computer

services).

The

defendant

must

prove

19

the

affirmative

defense

by

a

preponderance

of

the

evidence.

20

The

Code

section

does

not

limit

or

preclude

a

defendant

21

from

asserting

the

unconstitutionality

of

any

provision

or

22

application

of

state

law

as

a

defense

or

from

asserting

any

23

other

defense

that

might

be

available

under

any

other

source

24

of

law.

A

court

shall

not

apply

the

law

of

another

state

or

25

jurisdiction

to

any

civil

action

brought

under

the

specified

26

Code

sections,

unless

otherwise

required

by

law.

27

New

Code

section

146F.10

specifies

the

defenses

that

are

28

not

applicable

to

an

action

brought

under

Code

section

146F.4

29

(liability

for

wrongful

death

and

personal

injury

——

elective

30

abortion),

146F.6,

or

146F.7.

31

New

Code

section

146F.11

includes

venue

provisions

and

32

provides

that

if

an

action

is

brought

under

new

Code

section

33

146F.6,

146F.7,

or

146F.8,

the

action

shall

not

be

transferred

34

to

a

different

venue

without

the

written

consent

of

all

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parties.

1

New

Code

section

146F.12

includes

provisions

relating

2

to

personal

jurisdiction,

choice

of

law,

and

class

action

3

lawsuits.

The

Code

section

provides

that

the

courts

of

this

4

state

shall

have

personal

jurisdiction

over

any

defendant

sued

5

under

Code

section

146F.4,

146F.6,

146F.7,

or

146F.8;

Iowa

law

6

shall

apply

to

these

actions,

and

such

civil

actions

shall

not

7

be

litigated

on

behalf

of

a

plaintiff

class

or

a

defendant

8

class,

and

a

court

shall

not

certify

a

class

in

any

civil

9

action

brought

under

these

Code

sections.

10

New

Code

section

146F.13

provides

protection

from

counter

11

lawsuits

by

providing

that

when

a

lawsuit

has

been

brought

or

a

12

judgment

entered

against

a

person

in

any

state

or

federal

court

13

in

which

the

lawsuit

or

liability

in

whole

or

in

part

is

based

14

on

that

person’s

decision

or

threat

to

bring

an

action

under

15

Code

section

146F.6,

146F.7,

or

146F.8,

that

person

may

recover

16

damages

from

any

party

that

brought

the

action,

obtained

the

17

judgment,

or

sought

to

enforce

the

judgment.

Recoverable

18

damages

include

compensatory

damages;

court

costs,

expenses,

19

and

reasonable

attorney

fees

incurred

in

bringing

an

action

20

to

recover

the

costs;

and

additional

statutory

damages

in

an

21

amount

of

not

less

than

$100,000.

22

New

Code

section

146F.14

relates

to

government

contractors

23

and

grant

recipients

and

qui

tam

libability.

The

Code

section

24

provides

that

a

person

that

enters

into

a

contract

with

a

25

governmental

entity

or

a

subcontract

with

a

contractor

of

a

26

governmental

entity,

or

that

receives

any

grant

or

funding

27

from

a

governmental

entity

shall

not

pay

for,

reimburse,

or

28

subsidize

in

any

way

the

costs

associated

with

an

elective

29

abortion

including

by

providing

coverage

of

elective

abortions

30

as

an

employee

benefit;

paying

for,

reimbursing,

or

subsidizing

31

the

travel

costs

associated

with

obtaining

an

elective

32

abortion,

or

covering

those

costs

as

an

employee

benefit;

33

donating

or

lending

money,

digital

currency,

resources,

or

any

34

other

thing

of

value

to

an

abortion

provider,

abortion

fund,

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or

an

affiliate

of

an

abortion

provider,

either

directly

or

1

by

laundering

the

donation

or

loan

through

an

intermediary;

2

offering,

providing,

or

lending

money,

digital

currency,

3

resources,

or

any

other

thing

of

value

with

the

knowledge

4

that

the

thing

of

value

will

be

used

to

pay

for,

offset,

or

5

reimburse

the

costs

of

an

elective

abortion

or

the

costs

6

associated

with

procuring

an

elective

abortion;

performing

or

7

providing

any

type

of

work

or

service

for

an

abortion

provider,

8

abortion

fund,

or

an

affiliate

of

an

abortion

provider,

9

regardless

of

whether

such

work

or

service

is

done

on

a

paid,

10

contract,

or

volunteer

basis,

except

for

the

provision

of

basic

11

public

services

in

the

same

manner

as

the

governmental

entity

12

or

common

carrier

provides

the

services

to

the

general

public;

13

paying,

offering

to

pay,

or

providing

insurance

that

covers

14

legal

expenses,

court

judgments,

or

settlements

of

those

who

15

violate

the

abortion

laws

of

the

United

States,

or

the

abortion

16

laws

of

any

state,

local,

or

foreign

jurisdiction;

or

engaging

17

in

any

conduct

that

would

constitute

aiding

and

abetting

an

18

elective

abortion.

Additionally,

a

person

shall

not

enter

into

19

the

specified

contracts

or

receive

any

grant

or

funding

from

20

a

governmental

entity,

unless

the

person

certifies

in

writing

21

that

the

person

complies

with

the

requirements.

A

person

who

22

violates

this

Code

section

is

subject

to

qui

tam

liability

as

23

provided

in

new

Code

section

146F.7.

24

New

Code

section

146F.15

relates

to

internet

service

25

providers.

The

Code

section

provides

that

an

internet

service

26

provider

that

provides

service

in

the

state

shall

make

all

27

reasonable

and

technologically

feasible

efforts

to

block

access

28

to

child

pornography

as

defined

in

federal

law

and

information

29

or

material

that

is

intended

to

assist

or

facilitate

efforts

to

30

obtain

elective

abortions

or

abortion-inducing

drugs.

A

person

31

who

becomes

aware

that

information

or

material

described

is

32

accessible

through

internet

service

provided

by

an

entity

that

33

provides

internet

service

in

the

state

may

notify

that

internet

34

service

provider

and

request

that

the

internet

service

provider

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block

access

to

the

information

or

material

through

any

means

1

specified

in

the

bill.

While

direct

or

indirect

enforcement

2

shall

not

be

taken

or

threatened

by

a

governmental

entity

or

by

3

any

officer

or

employee

of

a

governmental

entity,

the

state,

4

its

political

subdivisions,

and

officers

and

employees

of

the

5

state

and

its

political

subdivisions

may

ask

or

encourage

6

internet

service

providers

to

comply

with

the

provisions

of

the

7

Code

section.

An

internet

service

provider

shall

have

absolute

8

and

nonwaivable

immunity

from

liability

or

suit

on

account

9

of

an

action

taken

as

described

in

the

Code

section.

If

a

10

lawsuit

is

brought

or

a

judgment

entered

against

an

internet

11

service

provider

in

any

state

or

federal

court

based

on

the

12

internet

service

provider’s

compliance

with

the

Code

section,

13

the

internet

service

provider

may

recover

costs

related

to

the

14

action

as

well

as

compensatory

damages

and

statutory

damages

of

15

not

less

than

$100,000.

16

New

Code

section

146F.16

relates

to

internet

service

in

17

publicly

owned

buildings,

public

libraries,

school

district

18

locations,

and

institutions

of

higher

education

relative

to

19

access

to

certain

information.

A

publicly

owned

building

in

20

the

state

that

provides

internet

service

shall

be

equipped

to

21

operate

a

technology

protection

measure

with

respect

to

each

22

of

the

computers

with

internet

access

in

the

publicly

owned

23

building

that

protects

against

access

through

those

computers

24

to

child

pornography

as

defined

in

federal

law

and

information

25

or

material

that

is

intended

to

assist

or

facilitate

efforts

26

to

obtain

elective

abortions

or

abortion-inducing

drugs,

27

including

through

interactive

computer

services.

A

person

who

28

becomes

aware

that

information

or

material

described

in

the

29

Code

section

is

accessible

through

internet

service

provided

by

30

a

government-owned

building,

public

library,

school

district

31

location,

or

location

of

an

institution

of

higher

education

32

governed

by

the

state

board

of

regents

may

notify

an

authority

33

with

control

over

the

building

and

request

that

the

authority

34

block

access

to

that

information

or

material.

The

authority

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may

disable

a

technology

protection

measure

that

blocks

the

1

information

specified

under

subsection

1

to

enable

access

for

2

bona

fide

research

or

other

lawful

purposes.

3

New

Code

section

146F.17

relates

to

governmental

entities

4

and

political

subdivisions

and

prohibitions

relating

to

5

elective

abortion

and

taxpayer

resource

transactions.

A

6

political

subdivision

may

enact

and

enforce

ordinances

7

regulating,

restricting,

or

prohibiting

elective

abortion

and

8

conduct

that

aids

or

abets

elective

abortion.

A

provision

9

of

state

law

shall

not

be

construed

to

limit

a

political

10

subdivision

from

enacting

or

enforcing

ordinances

regulating,

11

restricting,

or

prohibiting

elective

abortion

and

conduct

12

that

aids

or

abets

elective

abortion,

unless

it

clearly

and

13

explicitly

does

so

with

specific

reference

to

the

Code

section.

14

The

Code

section

also

prohibits

a

governmental

entity

from

15

entering

into

a

taxpayer

resource

transaction

with

certain

16

entities

unless

required

to

do

so

by

federal

law

or

as

a

17

condition

of

receiving

federal

funds.

A

person

has

standing

18

to

bring

and

may

bring

a

qui

tam

action

against

any

person

19

that

enacts,

issues,

enforces,

or

attempts

to

enforce

any

20

ordinance,

order,

rule,

directive,

requirement,

or

written

or

21

unwritten

policy

described

in

the

Code

section

or

that

enters

22

into

a

taxpayer

resource

transaction

described

in

the

Code

23

section.

An

action

under

the

Code

section

shall

be

brought

24

in

the

name

of

the

person

and

the

state.

A

plaintiff

who

25

prevails

in

a

qui

tam

action

brought

under

the

Code

section

26

shall

recover

and

be

granted

declaratory

and

injunctive

relief,

27

nominal

and

compensatory

damages

if

the

plaintiff

has

suffered

28

injury

or

harm

from

the

defendant’s

conduct,

civil

penalties

29

in

an

amount

of

not

less

than

$10,000

for

each

policy

that

30

violates

the

Code

section

and

for

each

prohibited

taxpayer

31

resource

transaction,

and

court

costs

and

reasonable

attorney

32

fees.

Sovereign

immunity,

governmental

immunity,

and

official

33

immunity

are

waived

and

abrogated

in

any

lawsuit

brought

under

34

the

Code

section

and

shall

not

be

asserted

as

a

defense.

A

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person

bringing

an

action

under

the

Code

section

is

entitled

1

to

receive

25

percent

of

the

civil

penalties

recovered,

with

2

the

remainder

paid

to

the

state.

The

state

is

not

liable

for

3

expenses

that

a

person

incurs

in

bringing

an

action

under

the

4

Code

section.

5

New

Code

section

146F.18

relates

to

persons

qualified

to

6

perform

services

under

the

Medicaid

program.

The

Code

section

7

provides

that

certain

persons

are

not

deemed

persons

qualified

8

to

perform

the

service

or

services

as

described

in

federal

9

law

under

the

Medicaid

program.

The

state

and

its

officers

10

and

employees

have

sovereign

immunity

in

any

lawsuit

brought

11

to

restrain

the

state

and

its

officers

and

employees

from

12

enforcing

the

Code

section.

An

attorney

representing

the

13

state,

its

political

subdivisions,

or

any

officer

or

employee

14

of

the

state

or

a

political

subdivision

shall

not

waive

the

15

immunity

described

in

the

Code

section

or

take

any

action

that

16

would

result

in

a

waiver

of

that

immunity,

and

any

such

action

17

or

purported

waiver

shall

be

a

legal

nullity

and

an

ultra

vires

18

act.

19

New

Code

section

146F.19

relates

to

the

costs

of

lawsuits

20

for

injunctive

or

declaratory

relief

relating

to

restrictions

21

on

elective

abortions.

The

bill

provides

that

a

person

that

22

seeks

declaratory

or

injunctive

relief

to

prevent

certain

23

persons

from

enforcing

or

bringing

suit

to

enforce

certain

24

actions,

is

jointly

and

severally

liable

to

pay

the

court

25

costs

and

reasonable

attorney

fees

of

the

prevailing

party,

26

including

the

court

costs

and

reasonable

attorney

fees

that

the

27

prevailing

party

incurs

in

the

prevailing

party’s

efforts

to

28

recover

such

court

costs

and

reasonable

attorney

fees.

The

29

Code

section

specifies

what

constitutes

a

prevailing

party,

30

limitations

on

the

costs

that

may

be

recovered,

allows

for

an

31

action

to

recover

the

costs

not

later

than

three

years

from

the

32

date

on

which

the

dismissal

or

judgment

becomes

final

on

the

33

conclusion

of

appellate

review

or

from

the

time

for

seeking

34

appellate

review

expires.

The

Code

section

provides

the

forum

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in

which

action

may

be

brought

and

prohibits

any

contractual

1

choice-of-forum

provision.

2

New

Code

section

146F.20

relates

to

immunity

from

suit

3

and

limits

on

state

court

jurisdiction.

The

state,

its

4

political

subdivisions,

an

officer

and

employee

of

the

state

5

or

a

political

subdivision

shall

have

sovereign

immunity,

6

governmental

immunity,

and

official

immunity

as

described

in

7

the

bill.

8

Under

new

Code

section

146F.20,

any

judicial

relief

issued

9

by

a

court

of

this

state

that

disregards

the

immunities

10

conferred

or

the

jurisdictional

limitations

specified

shall

11

be

a

legal

nullity

due

to

lack

of

jurisdiction,

and

shall

12

not

be

enforced

or

obeyed

by

any

officer

or

employee

of

this

13

state

or

a

political

subdivision,

judicial

or

otherwise.

14

Any

injunction,

declaratory

judgment,

or

writ

issued

by

a

15

court

of

this

state

that

purports

to

restrain

the

state,

16

its

political

subdivisions,

an

officer

or

employee

of

this

17

state

or

a

political

subdivision,

or

any

person

from

hearing,

18

adjudicating,

docketing,

or

filing

a

civil

action

brought

under

19

new

Code

section

146F.6,

146F.7,

or

146F.8,

shall

be

a

legal

20

nullity

and

a

violation

of

the

due

process

clause

and

shall

not

21

be

enforced

or

obeyed

by

any

officer

or

employee

of

this

state

22

or

a

political

subdivision,

judicial

or

otherwise.

Any

officer

23

or

employee

of

this

state

or

a

political

subdivision,

judicial

24

or

otherwise,

who

issues,

enforces,

or

obeys

an

injunction,

25

declaratory

judgment,

or

writ

described

shall

be

subject

to

26

suit

by

any

person

who

is

prevented

from

or

delayed

in

bringing

27

a

civil

action,

and

a

plaintiff

who

prevails

in

such

an

action

28

shall

be

awarded

and

recover

injunctive

relief,

compensatory

29

damages,

punitive

damages

of

not

less

than

$100,000,

and

court

30

costs

and

reasonable

attorney

fees.

31

New

Code

section

146F.20

provides

that

a

person

who

32

violates

the

provisions

relating

to

immunities

conferred

or

33

the

jurisdictional

limitations

specified

is

prohibited

from

34

asserting

and

being

entitled

to

any

type

of

immunity

defense,

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being

indemnified

for

any

award

of

damages

or

court

costs

and

1

reasonable

attorney

fees

entered

against

the

person

or

for

2

the

costs

of

the

person’s

legal

defense,

and

receiving

or

3

obtaining

legal

representation

from

the

attorney

general

in

any

4

action

brought

under

the

Code

section.

Any

person

who

sues

and

5

seeks

any

injunction,

declaratory

judgment,

or

writ

that

would

6

restrain

any

person

from

hearing,

adjudicating,

docketing,

or

7

filing

a

civil

action

brought

under

new

Code

section

146F.6,

8

146F.7,

or

146F.8

shall

pay

the

court

costs

and

reasonable

9

attorney

fees

of

the

person

sued.

10

New

Code

section

146F.21

relates

to

the

application

of

the

11

Code

chapter

to

pregnant

women

by

providing

that

the

Code

12

chapter

shall

not

be

construed

to

subject

a

pregnant

woman

13

or

formerly

pregnant

woman

on

whom

an

elective

abortion

was

14

performed

or

attempted

to

be

performed

to

any

civil

or

criminal

15

action

or

any

type

of

criminal

or

civil

penalty

or

liability

16

under

the

new

Code

chapter.

17

The

bill

provides

severability

provisions.

18

The

bill

takes

effect

upon

enactment.

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