Bill Text: IA HSB593 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the burdening of a person's free exercise of religion.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-01-27 - Subcommittee recommends passage. Vote Total: 2-1 [HSB593 Detail]
Download: Iowa-2021-HSB593-Introduced.html
House
Study
Bill
593
-
Introduced
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
1
religion.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
c.
Substantially
burden
a
person’s
exercise
of
religion
12
unless
applying
the
burden
to
that
person’s
exercise
of
13
religion
in
a
particular
situation
is
essential
to
further
a
14
compelling
governmental
interest
and
is
the
least
restrictive
15
means
of
furthering
that
compelling
government
interest.
16
2.
Any
person
whose
exercise
of
religion
has
been
burdened
17
in
violation
of
this
chapter
may
file
an
action
for
damages,
18
injunctive
relief,
or
other
appropriate
redress,
or
may
assert
19
such
violation
as
a
defense
in
a
judicial
or
administrative
20
proceeding.
The
plaintiff,
if
the
prevailing
party,
may
also
21
recover
reasonable
attorney
fees
and
costs.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
prohibits
a
governmental
entity
from
burdening
26
a
person’s
free
exercise
of
religion.
The
bill
prohibits
27
governmental
entities
from
treating
religious
conduct
more
28
restrictively
than
any
secular
conduct
of
reasonably
comparable
29
risk
or
treating
religious
conduct
more
restrictively
than
30
comparable
secular
conduct
because
of
alleged
economic
need
or
31
benefit.
The
bill
provides
that
a
governmental
entity
shall
32
not
substantially
burden
a
person’s
free
exercise
of
religion
33
unless
the
governmental
entity
can
demonstrate
that
the
action
34
constituting
or
resulting
in
the
burden
is
in
furtherance
of
a
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_____
compelling
governmental
interest
and
is
the
least
restrictive
1
means
of
furthering
that
interest.
2
The
bill
provides
that
a
person
whose
free
exercise
of
3
religion
has
been
burdened
in
violation
of
the
bill
may
4
assert
that
violation
as
a
claim
or
defense
in
a
judicial
or
5
administrative
proceeding,
and
provides
that
the
governmental
6
entity
may
be
liable
for
actual
damages,
attorney
fees,
costs,
7
and
other
appropriate
remedies.
The
bill
also
allows
the
8
person
to
obtain
injunctive
relief
against
the
governmental
9
entity.
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