Relating to the Iowa human life protection Act, providing for civil actions and civil penalties, and including effective date provisions

3 prohibits a person from knowingly using, employing, or administering any drug, instrument, device, means, or procedure upon a pregnant woman with the specific intent to cause an elective abortion, or from aiding or abetting such conduct. The prohibition applies if any portion of the prohibited conduct or elective abortion occurs in the state or within the jurisdiction of the state.3 shall be enforced exclusively through the qui tam actions described in the bill; direct or indirect enforcement shall not be taken or threatened; and a violation of the Code section shall not be used to justify or trigger the enforcement of any other law or any type of adverse consequence under any other law, except as provided in the provisions of the bill relating to qui tam actions. However, the Code section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation and that would remain prohibited by such other law or regulation. The prohibition does not apply to speech or conduct protected by the first amendment to the Constitution of the United States; conduct the state is forbidden to regulate under federal law or the Constitution of the United States; the provision of basic public services by a governmental entity or a common carrier to an abortion provider, an abortion fund, or an affiliate of an abortion provider or abortion fund in the same manner those services are provided to the general public; or conduct taken at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if a prohibition on that conduct would violate the doctrine of preemption or intergovernmental immunity.4 provides for liability for wrongful death and personal injuries related to an elective abortion.3 shall be subject to joint and several liability for the wrongful death of an unborn child who dies from the elective abortion; and strict, and joint and several liability for the wrongful death of a pregnant woman or formerly pregnant woman who dies from the elective abortion and any personal injuries suffered by an unborn child or pregnant woman or formerly pregnant woman from the elective abortion. A surviving parent of an unborn child who was aborted in violation of the bill may maintain an action for wrongful death against a person who knowingly violated the bill resulting in the wrongful death of the unborn child.4 against and by certain people including: against a pregnant woman or formerly pregnant woman who aborted or attempted to abort the pregnant woman’s unborn child; against a person that acted at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if the imposition of liability would violate the doctrine of preemption or intergovernmental immunity; by a person who through an act of sexual assault or incest impregnated the pregnant woman or formerly pregnant woman; and against a provider or user of an interactive computer service if such a lawsuit would be preempted by federal law. A prevailing plaintiff is entitled to recover compensatory damages, court costs and reasonable attorney fees, and punitive damages of not less than $100,000.4, if a plaintiff brings suit in response to a drug-induced abortion and is unable to identify the specific manufacturer of the abortion-inducing drug that caused the death or injury, liability is apportioned among all manufacturers of abortion-inducing drugs in proportion to each manufacturer’s share of the market for abortion-inducing drugs. A person may bring an action no later than six years from the date the cause of action accrues. Waiver of the right to sue is void as against public policy and shall not be enforceable in any court. The Code section shall not be construed to impose liability on constitutionally protected speech or conduct.5 relates to prohibitions related to abortion-inducing drugs and qui tam enforcement. The Code section provides that it is unlawful for a person to manufacture, possess, or distribute abortion-inducing drugs in the state; mail, transport, deliver, or provide abortion-inducing drugs in any manner to or from a person or location in the state; or engage in any conduct that constitutes aiding and abetting the manufacture, possession, distribution, mailing, transporting, delivery, or provision of abortion-inducing drugs. The bill does not prohibit constitutionally protected speech or conduct; conduct that the state is forbidden to regulate under federal law or the Constitution of the United States; conduct taken at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if a prohibition on that conduct would violate the doctrine of preemption or intergovernmental immunity; conduct taken by a pregnant woman or formerly pregnant woman who aborts or seeks to abort the woman’s unborn child; the manufacture, possession, distribution, mailing, transporting, delivery, or provision of abortion-inducing drugs for a purpose that does not include termination of a pregnancy; the possession of abortion-inducing drugs related to an effort to entrap persons that violate the Code section; or any of the conduct described under the section of the bill relating to interactive computer services.5 shall only be enforced as a qui tam action as provided under the bill and direct or indirect enforcement of the Code section shall not be taken or threatened. However, the Code section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation, and that would remain prohibited by such other law or regulation.6 relates to liability for wrongful death and personal injuries related to the manufacture, mailing, distribution, transportation, delivery, or provision of abortion-inducing drugs. The Code section provides that a person who manufactures, mails, distributes, transports, delivers, or provides abortion-inducing drugs; or who aids or abets the manufacture, mailing, distribution, transportation, delivery, or provision of abortion-inducing drugs shall be strictly, and jointly and severally liable for the wrongful death of an unborn child or pregnant woman who dies from the use of abortion-inducing drugs, and for any personal injuries suffered by an unborn child or pregnant woman or formerly pregnant woman from the use of abortion-inducing drugs. The surviving parents of an unborn child who was aborted in violation of the Code section of the bill relating to elective abortion prohibitions may maintain an action for wrongful death against a person who knowingly violated the Code section resulting in the wrongful death of the unborn child.6 prohibits a lawsuit from being brought against a pregnant woman or formerly pregnant woman who used or sought to obtain abortion-inducing drugs to abort or attempt to abort her unborn child; against a person that acted at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if the imposition of liability would violate the doctrine of preemption or intergovernmental immunity; by a person who, through an act of sexual assault or incest, impregnated the woman who used abortion-inducing drugs; or against a provider or user of an interactive computer service if such a lawsuit would be preempted by federal law.6 is entitled to recover compensatory damages, court costs and reasonable attorney fees, and punitive damages of not less than $100,000. If a plaintiff brings suit in response to a drug-induced abortion and is unable to identify the specific manufacturer of the abortion-inducing drug that caused the death or injury, liability shall be apportioned among all manufacturers of abortion-inducing drugs in proportion to each manufacturer’s share of the market for abortion-inducing drugs. A person may bring an action no later than six years from the date the cause of action accrues. Waiver of the right to sue is void as against public policy and shall not be enforceable in any court. It is an affirmative defense if a person sued under this Code section was unaware that the person was engaged in the conduct described in this Code section, and took every reasonable precaution to ensure that the person would not manufacture, mail, distribute, transport, deliver, provide, or aid or abet the manufacture, mailing, distribution, transportation, delivery, or provision of abortion-inducing drugs. The defendant has the burden of proving an affirmative defense by a preponderance of the evidence. The Code section shall not be construed to impose liability on constitutionally protected speech or conduct.7 provides for qui tam enforcement for certain violations under the bill.14 (government contractors and grant recipients); or any person who intends to violate any provision of those Code sections. A civil action shall not be brought under the Code section against the pregnant woman or formerly pregnant woman upon whom an elective abortion was performed or induced or attempted to be performed or induced or against a pregnant woman who intends or who seeks an elective abortion in violation of the new Code chapter; against any person that performs, aids or abets, or attempts to perform or aid or abet an elective abortion at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if a prohibition on that elective abortion would violate the doctrine of preemption or intergovernmental immunity; against a common carrier that transports a pregnant woman to an abortion provider, if the common carrier is unaware that the pregnant woman intends to abort the pregnant woman’s unborn child; against a provider or user of an interactive computer service if such a lawsuit would be preempted by federal law; or by a person who, through an act of sexual assault or incest, impregnated a woman who is seeking an elective abortion or a person who acts in concert or participation with the person who impregnated the woman. An action shall be brought in the name of the person and of the state. A plaintiff who prevails in an action under this Code section shall be awarded injunctive relief, nominal and compensatory damages if the plaintiff has suffered injury or harm from the defendant’s conduct, civil penalties of not less than $10,000 for each violation, and court costs and reasonable attorney fees. A person may bring an action no later than six years from the date the cause of action accrues. It is an affirmative defense if a person sued was unaware that the person was engaged in the specified conduct and took every reasonable precaution to ensure that the person would not be in violation of the specified provisions of the bill. The Code section shall not be construed to impose liability on constitutionally protected speech or conduct. A court shall not award court costs or reasonable attorney fees to a defendant. A person bringing an action is entitled to receive percent of the civil penalties recovered, with the remaining civil penalties paid to the state. The state is not liable for expenses that a person incurs in bringing an action.8 provides for qui tam enforcement for violations relating to interactive computer services. The Code section provides that a person, other than a governmental entity or an officer or employee of a governmental entity, has standing to bring and may bring a qui tam action against a person that provides or maintains an interactive computer service that allows Iowa residents to access information or material that assists or facilitates efforts to obtain elective abortions or abortion-inducing drugs; provides or maintains a platform for downloading any application or software for use on a computer or electronic device that is designed to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs; or provides or maintains a platform that allows or enables those who provide or aid or abet elective abortions, or those who manufacture, mail, distribute, transport, deliver, or provide abortion-inducing drugs, to collect money, digital currency, resources, or any other thing of value in exchange for such services.8 shall be brought in the name of the person and the state. A prevailing plaintiff shall only be awarded declaratory and injunctive relief, not damages. Relief shall not be awarded if the action is brought in response to the exercise of state or federal constitutional rights that belong personally to the defendant; conduct taken at the behest of a federal agency, contractor, or employee that is carrying out duties under federal law, if the relief would violate the doctrine of preemption or intergovernmental immunity; or conduct taken by a pregnant woman or formerly pregnant woman who aborted or attempted to abort such woman’s unborn child, if such woman is the named defendant in the civil action.8, it is an affirmative defense if a person who sued was unaware that the person’s interactive computer service or platform was being used to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs; and upon discovering that the person’s interactive computer service or platform was being used to assist or facilitate such efforts, the person took prompt action to block access to any information, material, application, or software and to block those who provide or aid or abet elective abortions and those who manufacture, mail, distribute, transport, deliver, or provide abortion-inducing drugs, from collecting money, digital currency, resources, or any other thing of value in exchange for such services through its interactive computer service or platform. The defendant has the burden of proving an affirmative defense by a preponderance of the evidence. A person who engages in the violative conduct shall not be held vicariously liable for any nominal, statutory, or compensatory damages incurred by another information content provider; held liable or legally responsible for the conduct of any publisher or speaker of any information provided by another information content provider; or treated as the speaker or publisher of any information provided by another information content provider under any provision of state law.8 shall be enforced exclusively through the qui tam action and direct or indirect enforcement of this Code section shall not be taken or threatened. However, the Code section does not preclude or limit the enforcement of any other law or regulation against conduct that is independently prohibited by such other law or regulation, and that would remain prohibited by such other law or regulation in the absence of the Code section.8, a provider or user of an interactive computer service shall have absolute and nonwaivable immunity from liability or suit on account of an action taken to restrict access to or availability of information or material that assists or facilitates access to elective abortions or abortion-inducing drugs, whether or not such information or material is constitutionally protected; an action taken to enable or make available to information content providers or others the technical means to restrict access to information or material described in the Code section; or a denial of service to those who provide or aid or abet elective abortions, or those who manufacture, mail, distribute, transport, deliver, or provide abortion-inducing drugs. The state is not liable for expenses that a person incurs in bringing an action under the Code section.8 (qui tam enforcement —— interactive computer services). The defendant must prove the affirmative defense by a preponderance of the evidence. The Code section does not limit or preclude a defendant from asserting the unconstitutionality of any provision or application of state law as a defense or from asserting any other defense that might be available under any other source of law. A court shall not apply the law of another state or jurisdiction to any civil action brought under the specified Code sections, unless otherwise required by law.7.8, the action shall not be transferred to a different venue without the written consent of all parties.12 includes provisions relating to personal jurisdiction, choice of law, and class action lawsuits.8; Iowa law shall apply to these actions, and such civil actions shall not be litigated on behalf of a plaintiff class or a defendant class, and a court shall not certify a class in any civil action brought under these Code sections.8, that person may recover damages from any party that brought the action, obtained the judgment, or sought to enforce the judgment. Recoverable damages include compensatory damages; court costs, expenses, and reasonable attorney fees incurred in bringing an action to recover the costs; and additional statutory damages in an amount of not less than $100,000.14 relates to government contractors and grant recipients and qui tam libability. The Code section provides that a person that enters into a contract with a governmental entity or a subcontract with a contractor of a governmental entity, or that receives any grant or funding from a governmental entity shall not pay for, reimburse, or subsidize in any way the costs associated with an elective abortion including by providing coverage of elective abortions as an employee benefit; paying for, reimbursing, or subsidizing the travel costs associated with obtaining an elective abortion, or covering those costs as an employee benefit; donating or lending money, digital currency, resources, or any other thing of value to an abortion provider, abortion fund, or an affiliate of an abortion provider, either directly or by laundering the donation or loan through an intermediary; offering, providing, or lending money, digital currency, resources, or any other thing of value with the knowledge that the thing of value will be used to pay for, offset, or reimburse the costs of an elective abortion or the costs associated with procuring an elective abortion; performing or providing any type of work or service for an abortion provider, abortion fund, or an affiliate of an abortion provider, regardless of whether such work or service is done on a paid, contract, or volunteer basis, except for the provision of basic public services in the same manner as the governmental entity or common carrier provides the services to the general public; paying, offering to pay, or providing insurance that covers legal expenses, court judgments, or settlements of those who violate the abortion laws of the United States, or the abortion laws of any state, local, or foreign jurisdiction; or engaging in any conduct that would constitute aiding and abetting an elective abortion. Additionally, a person shall not enter into the specified contracts or receive any grant or funding from a governmental entity, unless the person certifies in writing that the person complies with the requirements.7.15 relates to internet service providers. The Code section provides that an internet service provider that provides service in the state shall make all reasonable and technologically feasible efforts to block access to child pornography as defined in federal law and information or material that is intended to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs. A person who becomes aware that information or material described is accessible through internet service provided by an entity that provides internet service in the state may notify that internet service provider and request that the internet service provider block access to the information or material through any means specified in the bill. While direct or indirect enforcement shall not be taken or threatened by a governmental entity or by any officer or employee of a governmental entity, the state, its political subdivisions, and officers and employees of the state and its political subdivisions may ask or encourage internet service providers to comply with the provisions of the Code section. An internet service provider shall have absolute and nonwaivable immunity from liability or suit on account of an action taken to comply with the requirements of the Code section, or to restrict access to or availability of any of the information or material described in the Code section; an action taken to enable or make available to information content providers or others the technical means to restrict access to information or material described in the Code section; or a denial of service to those who use or seek to use the internet to make available information or material described in the Code section. If a lawsuit is brought or a judgment entered against an internet service provider in any state or federal court based on the internet service provider’s compliance with the Code section, the internet service provider may recover costs related to the action as well as compensatory damages and statutory damages of not less than $100,000.16 relates to internet service in publicly owned buildings, public libraries, school district locations, and institutions of higher education relative to access to certain information. A publicly owned building in the state that provides internet service shall be equipped to operate a technology protection measure with respect to each of the computers with internet access in the publicly owned building that protects against access through those computers to child pornography as defined in federal law and information or material that is intended to assist or facilitate efforts to obtain elective abortions or abortion-inducing drugs, including through interactive computer services. A person who becomes aware that information or material described in the Code section is accessible through internet service provided by a government-owned building, public library, school district location, or location of an institution of higher education governed by the state board of regents may notify an authority with control over the building and request that the authority block access to that information or material. The authority may disable a technology protection measure that blocks the information specified under subsection to enable access for bona fide research or other lawful purposes.17 relates to governmental entities and political subdivisions and prohibitions relating to elective abortion and taxpayer resource transactions. A political subdivision may enact and enforce ordinances regulating, restricting, or prohibiting elective abortion and conduct that aids or abets elective abortion. A provision of state law shall not be construed to limit a political subdivision from enacting or enforcing ordinances regulating, restricting, or prohibiting elective abortion and conduct that aids or abets elective abortion, unless it clearly and explicitly does so with specific reference to the Code section. The Code section also prohibits a governmental entity from entering into a taxpayer resource transaction with an abortion fund, an abortion provider, an affiliate of an abortion provider, or a person who pays for, reimburses, or subsidizes in any way the costs associated with an elective abortion unless required to do so by federal law or as a condition of receiving federal funds. A person has standing to bring and may bring a qui tam action against any person that enacts, issues, enforces, or attempts to enforce any ordinance, order, rule, directive, requirement, or written or unwritten policy described in the Code section or that enters into a taxpayer resource transaction described in the Code section. An action under the Code section shall be brought in the name of the person and the state. A plaintiff who prevails in a qui tam action brought under the Code section shall recover and be granted declaratory and injunctive relief, nominal and compensatory damages if the plaintiff has suffered injury or harm from the defendant’s conduct, civil penalties in an amount of not less than $10,000 for each policy that violates the Code section and for each prohibited taxpayer resource transaction, and court costs and reasonable attorney fees. Sovereign immunity, governmental immunity, and official immunity are waived and abrogated in any lawsuit brought under the Code section and shall not be asserted as a defense. A person bringing an action under the Code section is entitled to receive percent of the civil penalties recovered, with the remainder paid to the state. The state is not liable for expenses that a person incurs in bringing an action under the Code section.18 relates to persons qualified to perform services under the Medicaid program. The Code section provides that a person engaged in a pattern of racketeering activity as defined in federal law, a person that performs or participates in an elective abortion in violation of Iowa law or the law of another state, and an abortion provider or affiliate of an abortion provider are not deemed persons qualified to perform the service or services as described in federal law under the Medicaid program. The state and its officers and employees have sovereign immunity in any lawsuit brought to restrain the state and its officers and employees from enforcing the Code section. An attorney representing the state, its political subdivisions, or any officer or employee of the state or a political subdivision shall not waive the immunity described in the Code section or take any action that would result in a waiver of that immunity, and any such action or purported waiver shall be a legal nullity and an ultra vires act.19 relates to the costs of lawsuits for injunctive or declaratory relief relating to restrictions on elective abortions. The bill provides that a person that seeks declaratory or injunctive relief to prevent the state, a political subdivision, an officer or employee of the state or a political subdivision, or any person in this state from enforcing or bringing suit to enforce any type of law that regulates or restricts elective abortion or that limits taxpayer funding for a person that performs or promotes an elective abortion, in any state or federal court, or that represents any litigant seeking relief in any state or federal court, is jointly and severally liable to pay the court costs and reasonable attorney fees of the prevailing party, including the court costs and reasonable attorney fees that the prevailing party incurs in the prevailing party’s efforts to recover such court costs and reasonable attorney fees. The Code section specifies what constitutes a prevailing party, limitations on the costs that may be recovered, allows for an action to recover the costs not later than three years from the date on which the dismissal or judgment becomes final on the conclusion of appellate review or from the time for seeking appellate review expires. The Code section provides the forum in which action may be brought and prohibits any contractual choice-of-forum provision that purports to require a civil action to be litigated in a forum other than that specified shall be void as against public policy, and shall not be enforced in any state or federal court. If a civil action is brought under the Code section in any one of the venues described, the action shall not be transferred to a different venue without the written consent of all parties.20 relates to immunity from suit and limits on state court jurisdiction.8, unless that immunity has been abrogated or preempted by federal law. The immunities conferred shall apply in every court, both state and federal, and in every adjudicative proceeding of any type. State law shall not be construed to waive or abrogate an immunity described unless the provision in state law expressly waives or abrogates immunity with specific reference to the Code section. An attorney representing the state, its political subdivisions, or any officer or employee of the state or a political subdivision shall not waive an immunity described or take any action that would result in a waiver of that immunity, and any such action or purported waiver shall be a legal nullity and an ultra vires act.8, and a court of this state shall not have jurisdiction to consider any action, claim, or counterclaim that seeks such relief.20, any judicial relief issued by a court of this state that disregards the immunities conferred or the jurisdictional limitations specified shall be a legal nullity due to lack of jurisdiction, and shall not be enforced or obeyed by any officer or employee of this state or a political subdivision, judicial or otherwise.8, shall be a legal nullity and a violation of the due process clause and shall not be enforced or obeyed by any officer or employee of this state or a political subdivision, judicial or otherwise. Any officer or employee of this state or a political subdivision, judicial or otherwise, who issues, enforces, or obeys an injunction, declaratory judgment, or writ described shall be subject to suit by any person who is prevented from or delayed in bringing a civil action, and a plaintiff who prevails in such an action shall be awarded and recover injunctive relief, compensatory damages, punitive damages of not less than $100,000, and court costs and reasonable attorney fees.20 provides that a person who violates the provisions relating to immunities conferred or the jurisdictional limitations specified is prohibited from asserting and being entitled to any type of immunity defense, being indemnified for any award of damages or court costs and reasonable attorney fees entered against the person or for the costs of the person’s legal defense, and receiving or obtaining legal representation from the attorney general in any action brought under the Code section.8 shall pay the court costs and reasonable attorney fees of the person sued.21 relates to the application of the Code chapter to pregnant women by providing that the Code chapter shall not be construed to subject a pregnant woman or formerly pregnant woman on whom an elective abortion was performed or attempted to be performed to any civil or criminal action or any type of criminal or civil penalty or liability under the new Code chapter. The bill provides severability provisions. The bill takes effect upon enactment.