House File 2032 - Introduced HOUSE FILE 2032 BY WILLS A BILL FOR An Act relating to the preservation of religious freedom. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5181YH (4) 86 jh/rj

H.F. 2032 Section 1. NEW SECTION . 729.7 Religious freedom preserved. 1 1. As used in this section, unless the context otherwise 2 requires: 3 a. “Demonstrates” means meets the burdens of going forward 4 with the evidence and of persuasion under the standard of clear 5 and convincing evidence. 6 b. “Exercise of religion” means the practice or observance 7 of religion under Article I, section 3 of the Constitution of 8 the State of Iowa and the First Amendment to the Constitution 9 of the United States. 10 c. “Fraudulent claim” means a claim that is dishonest 11 in fact or that is made principally for a patently improper 12 purpose, such as to harass the opposing party. 13 d. “Frivolous claim” means a claim that completely lacks 14 merit under existing law and cannot be supported by a good 15 faith argument for the extension, modification, or reversal of 16 existing law or the establishment of new law. 17 e. “Government entity” means any branch, department, agency, 18 instrumentality of state government, or any official or other 19 person acting under color of state law, or any political 20 subdivision of the state. 21 f. “Prevails” means to obtain prevailing party status 22 as defined by courts construing the federal Civil Rights 23 Attorney’s Fees Awards Act of 1976, 42 U.S.C. §1988. 24 g. “Substantially burden” means to inhibit or curtail 25 religiously motivated practice. 26 2. Except as provided in subsection 3, a government entity 27 shall not substantially burden a person’s exercise of religion 28 even if the burden results from a law of general applicability. 29 3. A government entity shall not substantially burden a 30 person’s exercise of religion unless the government entity 31 demonstrates that application of the burden to the person is 32 essential to further a compelling governmental interest and 33 is the least restrictive means of furthering that compelling 34 governmental interest. 35 -1- LSB 5181YH (4) 86 jh/rj 1/ 4

H.F. 2032 4. a. This section shall not be construed to do any of the 1 following: 2 (1) Authorize any government entity to burden any religious 3 belief. 4 (2) Affect, interpret, or in any way address those portions 5 of Article I, section 3 of the Constitution of the State of 6 Iowa or the First Amendment to the Constitution of the United 7 States that prohibit laws respecting the establishment of 8 religion. 9 b. Granting government funds, benefits, or exemptions, to 10 the extent permissible under paragraph “a” , subparagraph (2), 11 shall not constitute a violation of this section. As used in 12 this paragraph, “granting” used with respect to government 13 funding, benefits, or exemptions, shall not include the denial 14 of government funding, benefits, or exemptions. 15 5. A person whose exercise of religion has been burdened 16 by a government entity in violation of this section may 17 assert that violation as a claim or defense in any judicial 18 or administrative proceeding and may obtain such declaratory 19 relief or monetary damages as may properly be awarded by a 20 court of competent jurisdiction. A person who prevails in 21 any proceeding to enforce this section against a government 22 entity may recover all costs of the action including reasonable 23 attorney fees. The provisions of this subsection relating to 24 attorney fees shall not apply to criminal prosecutions. 25 6. A person found by a court of competent jurisdiction 26 to have abused the protections of this section by filing a 27 frivolous or fraudulent claim may be assessed the government 28 entity’s court costs, if any, and may be enjoined from filing 29 further claims under this section without leave of the court. 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 enacts new Code section 729.7 to prohibit a 34 government entity from burdening a person’s exercise of 35 -2- LSB 5181YH (4) 86 jh/rj 2/ 4

H.F. 2032 religion, even if the burden results from a law of general 1 applicability, unless the government entity can demonstrate 2 that the action constituting or resulting in the burden 3 furthers a compelling governmental interest and is the least 4 restrictive means of furthering that interest. 5 The bill defines “exercise of religion” as the practice 6 or observance of religion under Article I, section 3 of the 7 Constitution of the State of Iowa or the First Amendment to 8 the United States Constitution. The bill defines “government 9 entity” as any branch, department, agency, instrumentality of 10 state government, or any official or other person acting under 11 color of state law, or any political subdivision of the state. 12 The provisions of the bill do not authorize any government 13 entity to burden any religious belief and do not affect any 14 portions of Article I, section 3 of the Constitution of the 15 State of Iowa or the First Amendment to the United States 16 Constitution that prohibit laws respecting the establishment 17 of religion. 18 The bill provides that a person whose exercise of religion 19 has been burdened by a government entity may assert a violation 20 of new Code section 729.7 as a claim or defense in any judicial 21 or administrative proceeding and may obtain declaratory relief 22 or monetary damages. A person who prevails in any proceeding 23 to enforce the provisions of new Code section 729.7 against a 24 government entity may recover all costs of the action including 25 reasonable attorney fees, except that attorney fees may not be 26 recovered in cases of criminal prosecution. 27 The bill provides that a person found to have abused new 28 Code section 729.7 by filing a frivolous or fraudulent claim 29 may be assessed the government entity’s court costs and 30 may be enjoined from filing further claims without leave of 31 court. The bill defines “fraudulent claim” as a claim that is 32 dishonest in fact or that is made principally for a patently 33 improper purpose, such as to harass the opposing party. The 34 bill defines “frivolous claim” as a claim that completely lacks 35 -3- LSB 5181YH (4) 86 jh/rj 3/ 4

H.F. 2032 merit under existing law and cannot be supported by a good 1 faith argument for the extension, modification, or reversal of 2 existing law or the establishment of new law. 3 -4- LSB 5181YH (4) 86 jh/rj 4/ 4