CHANGES IN THE STATUTE

Disability - HIV Virus. The following change in the agency's enabling statute became effective July 1, 1988. Section 601A.2, subsection 11, Code 1987, is amended to read as follows:

11. "Disability" means the physical or mental condition of a person which constitutes a substantial handicap, and the condition of a person with a positive human immunodeficiency virus test result, a diagnosis of acquired immune deficiency syndrome, a diagnosis of acquired immune deficiency syndrome-related complex, or any other condition related to acquired immune deficiency syndrome. The inclusion of a condition related to a positive human immunodeficiency virus test result in the meaning of "disability" under the provisions of this chapter does not preclude the application of the provisions of this chapter to conditions resulting from other contagious or infectious diseases.

Section 601A.6, subsection 1, Code Supplement 1987, is amended by adding the following paragraph:

d. Person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus onto affect the terms, conditions, or privileges of employment or terminate the employment of any employee solely as a result of the employee obtaining a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization, or their employees, agents, or members and an employee or prospective employee concerning employment, pay, or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this paragraph do not apply if the state epidemiologist determines and the director of public health declares through the utilization of guidelines established by the center for disease control of the United States department of health and human services, that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of the transmission of the human immunodeficiency virus to other persons in a specific occupation.

Housing - Familial Status. The following changes in the state's housing anti-discrimination law were approved by the General Assembly and signed by Governor Terry Branstad during FY 89, to become effective July 1, 1989. These changes brought coverage of Iowa's housing law in line, in part, with the Federal Fair Housing Amendments Act, which became effective March 12, 1989. Section 601A.2, Code 1989, is amended by adding the following new subsection:

12. "Familial status" means one or more individuals under the age of eighteen domiciled with either of the following:

b. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person.

Section 601A.8, subsections 1 through 3, Code 1989, are amended to read as follows:

1. To refuse to sell, rent, lease, assign or sublease any real property or housing accommodation or part, portion or interest therein, to any person because of the race, color, creed, sex, religion, national origin, disability, or familial status of such person.

2. To discriminate against any person because of the person's race, color, creed, sex, religion, national origin, disability, or familial status, in the terms, conditions or privileges of the sale, rental, lease, assignment or sublease of any real property or housing accommodation or any part, portion or interest therein.

3. To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease assignment, or sublease of any real property or housing accommodation or any part, portion or interest therein, by persons of any particular race, color, creed, sex, religion, national origin , disability, or familial status is unwelcome, objectionable, not acceptable or not solicited.

Section 601A.12, Code 1989, is amended by adding the following new subsection:

6. Housing accommodations provided under any state or federal program specifically designed and operated to assist elderly persons, as defined in the state or federal program, and housing for older persons. As used in this subsection, "housing for older persons" means housing communities consisting of accommodations intended for either of the following:

a. For ninety percent occupancy by at least one person fifty-five years of age or older per unit, and providing significant facilities and services specifically designed to meet the physical or social needs of such persons.

Section 601A.12, Code 1999, is amended by adding the following new subsection:

7. The rental or leasing of a housing accommodation in a building which contains housing accommodations for not more than four families living independently of each other, if the owner resides in one of the housing accommodations for which the owner qualifies for the homestead tax credit under section 425.1.