Senate
File
2095
-
Introduced
SENATE
FILE
2095
BY
SCHULTZ
A
BILL
FOR
An
Act
relating
to
the
exercise
of
religion,
and
including
1
effective
date
and
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
331.301,
subsection
1,
Code
2024,
is
1
amended
to
read
as
follows:
2
1.
A
county
may,
except
as
expressly
limited
by
the
3
Constitution
of
the
State
of
Iowa,
and
if
not
inconsistent
4
with
the
laws
of
the
general
assembly,
exercise
any
power
5
and
perform
any
function
it
deems
appropriate
to
protect
6
and
preserve
the
rights,
privileges,
and
property
of
the
7
county
or
of
its
residents,
and
to
preserve
and
improve
the
8
peace,
safety,
health,
welfare,
comfort,
and
convenience
9
of
its
residents.
This
grant
of
home
rule
powers
does
not
10
include
the
power
to
enact
private
or
civil
law
governing
11
civil
relationships,
except
as
incident
to
an
exercise
of
an
12
independent
county
power
,
or
to
enact
private
or
civil
law
13
which
violates
section
675.4
.
14
Sec.
2.
Section
364.1,
Code
2024,
is
amended
to
read
as
15
follows:
16
364.1
Scope.
17
A
city
may,
except
as
expressly
limited
by
the
Constitution
18
of
the
State
of
Iowa,
and
if
not
inconsistent
with
the
laws
19
of
the
general
assembly,
exercise
any
power
and
perform
20
any
function
it
deems
appropriate
to
protect
and
preserve
21
the
rights,
privileges,
and
property
of
the
city
or
of
its
22
residents,
and
to
preserve
and
improve
the
peace,
safety,
23
health,
welfare,
comfort,
and
convenience
of
its
residents.
24
This
grant
of
home
rule
powers
does
not
include
the
power
25
to
enact
private
or
civil
law
governing
civil
relationships,
26
except
as
incident
to
an
exercise
of
an
independent
city
power
,
27
or
to
enact
private
or
civil
law
which
violates
section
675.4
.
28
Sec.
3.
NEW
SECTION
.
675.1
Short
title.
29
This
chapter
shall
be
known
and
may
be
cited
as
the
30
“Religious
Freedom
Restoration
Act”
.
31
Sec.
4.
NEW
SECTION
.
675.2
Legislative
purpose
and
intent.
32
The
purpose
and
intent
of
this
chapter
is
all
of
the
33
following:
34
1.
To
restore
the
compelling
governmental
interest
test
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and
to
guarantee
its
application
in
all
cases
where
the
free
1
exercise
of
religion
is
substantially
burdened
by
state
action.
2
2.
To
provide
a
claim
or
defense
to
a
person
whose
exercise
3
of
religion
is
substantially
burdened
by
state
action.
4
Sec.
5.
NEW
SECTION
.
675.3
Definitions.
5
As
used
in
this
chapter,
unless
the
context
otherwise
6
requires:
7
1.
“Compelling
governmental
interest”
means
a
governmental
8
interest
of
the
highest
order
that
cannot
otherwise
be
achieved
9
without
burdening
the
exercise
of
religion.
10
2.
“Exercise
of
religion”
means
the
practice
or
observance
11
of
religion.
“Exercise
of
religion”
includes
but
is
not
12
limited
to
the
ability
to
act
or
refuse
to
act
in
a
manner
13
substantially
motivated
by
one’s
sincerely
held
religious
14
belief,
whether
or
not
the
exercise
is
compulsory
or
central
to
15
a
larger
system
of
religious
belief.
16
3.
“Person”
means
any
individual,
association,
partnership,
17
corporation,
church,
religious
institution,
estate,
trust,
18
foundation,
or
other
legal
entity.
19
4.
“State
action”
means
the
implementation
or
application
20
of
any
law,
including
but
not
limited
to
state
and
local
laws,
21
ordinances,
rules,
regulations,
and
policies,
whether
statutory
22
or
otherwise,
or
other
action
by
the
state
or
a
political
23
subdivision,
including
a
local
government,
municipality,
24
instrumentality,
or
public
official
authorized
by
law.
25
5.
“Substantially
burden”
means
any
action
that
directly
26
or
indirectly
constrains,
inhibits,
curtails,
or
denies
the
27
exercise
of
religion
by
any
person
or
compels
any
action
28
contrary
to
a
person’s
exercise
of
religion
and
includes
but
29
is
not
limited
to
withholding
of
benefits;
assessment
of
30
criminal,
civil,
or
administrative
penalties;
or
exclusion
from
31
governmental
programs
or
access
to
governmental
facilities.
32
Sec.
6.
NEW
SECTION
.
675.4
Free
exercise
of
religion
33
protected.
34
1.
State
action
shall
not
substantially
burden
a
person’s
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exercise
of
religion,
even
if
the
burden
results
from
a
rule
1
of
general
applicability,
unless
the
government
demonstrates
2
that
applying
the
burden
to
that
person’s
exercise
of
religion
3
is
in
furtherance
of
a
compelling
governmental
interest
and
4
is
the
least
restrictive
means
of
furthering
that
compelling
5
governmental
interest.
6
2.
A
person
whose
exercise
of
religion
has
been
7
substantially
burdened
in
violation
of
this
chapter
may
8
assert
such
violation
as
a
claim
or
defense
in
a
judicial
9
or
administrative
proceeding
and
obtain
appropriate
relief,
10
including
damages,
injunctive
relief,
or
other
appropriate
11
redress.
Standing
to
assert
a
claim
or
defense
under
this
12
chapter
shall
be
governed
by
the
general
rules
of
standing
13
under
state
and
federal
law.
The
plaintiff,
if
the
prevailing
14
party,
may
also
recover
reasonable
attorney
fees
and
costs.
15
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
16
importance,
takes
effect
upon
enactment.
17
Sec.
8.
APPLICABILITY.
This
Act
applies
to
all
state
and
18
local
laws
and
the
implementation
of
state
and
local
laws,
19
whether
statutory
or
otherwise,
and
whether
adopted
before,
on,
20
or
after
the
effective
date
of
this
Act.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
prohibits
a
governmental
entity
from
substantially
25
burdening
a
person’s
free
exercise
of
religion.
The
bill
26
prohibits
governmental
entities
from
treating
religious
27
conduct
more
restrictively
than
any
secular
conduct
of
28
reasonably
comparable
risk
or
treating
religious
conduct
more
29
restrictively
than
comparable
secular
conduct
because
of
30
alleged
economic
need
or
benefit.
31
Under
current
law,
a
court
is
not
required
to
apply
32
heightened
scrutiny
when
reviewing
a
law
that
burdens
a
33
person’s
exercise
of
religion
when
such
law
is
generally
34
applicable.
The
bill
provides
that
a
court
shall
apply
the
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compelling
governmental
interest
test
so
that
the
government
1
cannot
substantially
burden
a
person’s
exercise
of
religion
2
unless
the
government
demonstrates
that
applying
the
law
3
of
general
applicability
is
in
furtherance
of
a
compelling
4
governmental
interest
and
is
the
least
restrictive
means
of
5
furthering
that
interest.
The
bill
provides
that
a
person
6
whose
exercise
of
religion
has
been
substantially
burdened
by
7
the
government
may
assert
such
violation
as
a
claim
or
defense
8
in
a
judicial
or
administrative
proceeding,
and
provides
that
9
the
governmental
entity
may
be
liable
for
actual
damages,
10
attorney
fees,
costs,
and
other
appropriate
remedies.
The
bill
11
also
allows
the
person
to
obtain
injunctive
relief
against
the
12
governmental
entity.
13
The
bill
prohibits
a
county
or
city
from
enacting
a
private
14
or
civil
law
that
would
burden
a
person’s
free
exercise
of
15
religion
in
violation
of
the
bill.
16
The
bill
takes
effect
upon
enactment
and
applies
to
all
state
17
and
local
laws.
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