HSB 677 (LSB 6206YC (2) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act prohibiting the burdening of a person’s free exercise of religion by governmental entities, officials, and employees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  27D.1  Free exercise of religion —— government burdening prohibited.
   1.  Notwithstanding any other provision of law, a state agency, political subdivision, or any elected or appointed official or employee of this state or its political subdivisions shall not do any of the following:
   a.  Treat religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit.
   b.  Treat religious conduct more restrictively than any secular conduct of reasonably comparable risk.
   2.  Any person whose exercise of religion has been burdened in violation of this chapter may file an action for damages, injunctive relief, or other appropriate redress, or may assert such violation as a defense in a judicial or administrative proceeding. The plaintiff, if the prevailing party, may also recover reasonable attorney fees and costs.
    Sec. 2.  Section 331.301, subsection 1, Code 2022, is amended to read as follows:
   1.  A county may, except as expressly limited by the Constitution of the State of Iowa, and if not inconsistent with the laws of the general assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the county or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents. This grant of home rule powers does not include the power to enact private or civil law governing civil relationships, except as incident to an exercise of an independent county power, or to enact private or civil law which violates section 27D.1.
    Sec. 3.  Section 364.1, Code 2022, is amended to read as follows:
   364.1  Scope.
   A city may, except as expressly limited by the Constitution of the State of Iowa, and if not inconsistent with the laws of the general assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the city or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents. This grant of home rule powers does not include the power to enact private or civil law governing civil relationships, except as incident to an exercise of an independent city power, or to enact private or civil law which violates section 27D.1.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a governmental entity from burdening a person’s free exercise of religion. The bill prohibits governmental entities from treating religious conduct more restrictively than any secular conduct of reasonably comparable risk or treating religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit.
   The bill provides that a person whose free exercise of religion has been burdened in violation of the bill may assert that violation as a claim or defense in a judicial or administrative proceeding, and provides that the governmental entity may be liable for actual damages, attorney fees, costs, and other appropriate remedies. The bill also allows the person to obtain injunctive relief against the governmental entity.
   The bill prohibits a county or city from enacting a private or civil law that would burden a person’s free exercise of religion.