House
File
2437
-
Introduced
HOUSE
FILE
2437
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
677)
A
BILL
FOR
An
Act
prohibiting
the
burdening
of
a
person’s
free
exercise
of
1
religion
by
governmental
entities,
officials,
and
employees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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cm/jh
H.F.
2437
Section
1.
NEW
SECTION
.
27D.1
Free
exercise
of
religion
——
1
government
burdening
prohibited.
2
1.
Notwithstanding
any
other
provision
of
law,
a
state
3
agency,
political
subdivision,
or
any
elected
or
appointed
4
official
or
employee
of
this
state
or
its
political
5
subdivisions
shall
not
do
any
of
the
following:
6
a.
Treat
religious
conduct
more
restrictively
than
7
comparable
secular
conduct
because
of
alleged
economic
need
or
8
benefit.
9
b.
Treat
religious
conduct
more
restrictively
than
any
10
secular
conduct
of
reasonably
comparable
risk.
11
2.
Any
person
whose
exercise
of
religion
has
been
burdened
12
in
violation
of
this
chapter
may
file
an
action
for
damages,
13
injunctive
relief,
or
other
appropriate
redress,
or
may
assert
14
such
violation
as
a
defense
in
a
judicial
or
administrative
15
proceeding.
The
plaintiff,
if
the
prevailing
party,
may
also
16
recover
reasonable
attorney
fees
and
costs.
17
Sec.
2.
Section
331.301,
subsection
1,
Code
2022,
is
amended
18
to
read
as
follows:
19
1.
A
county
may,
except
as
expressly
limited
by
the
20
Constitution
of
the
State
of
Iowa,
and
if
not
inconsistent
21
with
the
laws
of
the
general
assembly,
exercise
any
power
22
and
perform
any
function
it
deems
appropriate
to
protect
23
and
preserve
the
rights,
privileges,
and
property
of
the
24
county
or
of
its
residents,
and
to
preserve
and
improve
the
25
peace,
safety,
health,
welfare,
comfort,
and
convenience
26
of
its
residents.
This
grant
of
home
rule
powers
does
not
27
include
the
power
to
enact
private
or
civil
law
governing
28
civil
relationships,
except
as
incident
to
an
exercise
of
an
29
independent
county
power
,
or
to
enact
private
or
civil
law
30
which
violates
section
27D.1
.
31
Sec.
3.
Section
364.1,
Code
2022,
is
amended
to
read
as
32
follows:
33
364.1
Scope.
34
A
city
may,
except
as
expressly
limited
by
the
Constitution
35
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2437
of
the
State
of
Iowa,
and
if
not
inconsistent
with
the
laws
1
of
the
general
assembly,
exercise
any
power
and
perform
2
any
function
it
deems
appropriate
to
protect
and
preserve
3
the
rights,
privileges,
and
property
of
the
city
or
of
its
4
residents,
and
to
preserve
and
improve
the
peace,
safety,
5
health,
welfare,
comfort,
and
convenience
of
its
residents.
6
This
grant
of
home
rule
powers
does
not
include
the
power
7
to
enact
private
or
civil
law
governing
civil
relationships,
8
except
as
incident
to
an
exercise
of
an
independent
city
power
,
9
or
to
enact
private
or
civil
law
which
violates
section
27D.1
.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
prohibits
a
governmental
entity
from
burdening
14
a
person’s
free
exercise
of
religion.
The
bill
prohibits
15
governmental
entities
from
treating
religious
conduct
more
16
restrictively
than
any
secular
conduct
of
reasonably
comparable
17
risk
or
treating
religious
conduct
more
restrictively
than
18
comparable
secular
conduct
because
of
alleged
economic
need
or
19
benefit.
20
The
bill
provides
that
a
person
whose
free
exercise
of
21
religion
has
been
burdened
in
violation
of
the
bill
may
22
assert
that
violation
as
a
claim
or
defense
in
a
judicial
or
23
administrative
proceeding,
and
provides
that
the
governmental
24
entity
may
be
liable
for
actual
damages,
attorney
fees,
costs,
25
and
other
appropriate
remedies.
The
bill
also
allows
the
26
person
to
obtain
injunctive
relief
against
the
governmental
27
entity.
28
The
bill
prohibits
a
county
or
city
from
enacting
a
private
29
or
civil
law
that
would
burden
a
person’s
free
exercise
of
30
religion.
31
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