House File 2200 - Introduced HOUSE FILE 2200 BY SALMON , HEARTSILL , GASSMAN , HOLT , WATTS , KOOIKER , SHEETS , BAXTER , and FISHER A BILL FOR An Act relating to the standard of judicial review and 1 providing a claim or defense when a state action burdens a 2 person’s exercise of religion, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5646YH (2) 86 jh/sc

H.F. 2200 Section 1. NEW SECTION . 675.1 Short title. 1 This chapter shall be known and may be cited as the “Iowa 2 Conscience Protection Act” . 3 Sec. 2. NEW SECTION . 675.2 Purpose. 4 The purposes of this chapter are as follows: 5 1. To ensure that strict scrutiny is applied in all cases 6 where state action burdens the exercise of religion. 7 2. To provide a claim or defense to a person whose exercise 8 of religion is burdened by state action. 9 Sec. 3. NEW SECTION . 675.3 Definitions. 10 As used in this chapter unless the context otherwise 11 requires: 12 1. “Burden” means any state action that directly or 13 indirectly constrains, inhibits, curtails, or denies the 14 exercise of religion by any person or compels any action 15 contrary to a person’s exercise of religion, and includes but 16 is not limited to any state action that results in any of the 17 following: 18 a. Withholding of benefits. 19 b. Assessment of criminal, civil, or administrative 20 penalties. 21 c. Exclusion from governmental programs or access to 22 governmental facilities. 23 2. “Compelling governmental interest” means a governmental 24 interest of the highest magnitude that cannot otherwise be 25 achieved without burdening the exercise of religion. 26 3. “Exercise of religion” means the practice or observance 27 of religion. “Exercise of religion” includes but is not 28 limited to the ability to act or refuse to act in a manner 29 substantially motivated by a person’s sincerely held religious 30 beliefs, whether or not the exercise is compulsory or central 31 to a larger system of religious belief. 32 4. “Person” means an individual, association, partnership, 33 corporation, place of worship, religious institution, 34 educational institution, adoption agency, estate, trust, 35 -1- LSB 5646YH (2) 86 jh/sc 1/ 3

H.F. 2200 foundation, or other legal entity. 1 5. “State action” means the implementation or application 2 of any law, including but not limited to state laws, local 3 ordinances, rules, regulations, resolutions, and policies, 4 whether statutory or otherwise, or other action by the state, 5 an agency or instrumentality of the state, or any political 6 subdivision of the state, or any public official whose office 7 is authorized by law of the state. 8 Sec. 4. NEW SECTION . 675.4 Free exercise of religion 9 protected. 10 1. State action shall not burden a person’s free 11 exercise of religion, even if the burden results from a law, 12 ordinance, rule, regulation, resolution, or policy of general 13 applicability, unless it is demonstrated that applying the 14 burden to the person’s exercise of religion is essential to 15 further a compelling governmental interest and is the least 16 restrictive means of furthering that interest. 17 2. A person whose exercise of religion has been burdened 18 or is likely to be burdened in violation of this chapter may 19 assert such violation or impending violation as a claim or 20 defense in a judicial, administrative, or other proceeding, 21 regardless of whether the state or any other governmental 22 entity is a party to the proceeding. The person asserting such 23 a claim or defense may obtain appropriate relief, including 24 relief against the state or any other governmental entity 25 taking state action. Appropriate relief includes but is not 26 limited to injunctive relief, declaratory relief, compensatory 27 damages, costs, and attorney fees. 28 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 29 immediate importance, takes effect upon enactment. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the standard of judicial review when 34 a state action burdens a person’s exercise of religion and 35 -2- LSB 5646YH (2) 86 jh/sc 2/ 3

H.F. 2200 provides a claim or defense to a person whose exercise of 1 religion is burdened by a state action. 2 The bill defines “burden”, “exercise of religion”, “person”, 3 and “state action”. 4 The bill provides that state action shall not burden the 5 exercise of religion of any person unless the person or entity 6 seeking to apply the law to the person can show that the 7 burden is essential to furthering a compelling governmental 8 interest and is the least restrictive means of furthering that 9 interest. Under current law, a court does not apply heightened 10 scrutiny when reviewing a law that burdens a person’s exercise 11 of religion when such law is generally applicable. The bill 12 defines “compelling governmental interest” as a governmental 13 interest of the highest magnitude that cannot be achieved 14 without burdening the exercise of religion. 15 The bill further provides that a person whose exercise of 16 religion has been or is likely to be burdened by state action 17 may assert such violation or impending violation as a claim or 18 defense in a judicial, administrative, or other proceeding. 19 The person asserting the claim may obtain injunctive relief, 20 declaratory relief, compensatory damages, costs, or attorney 21 fees. 22 The bill takes effect upon enactment. 23 -3- LSB 5646YH (2) 86 jh/sc 3/ 3