Bill Text: IA SSB1164 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the exercise of religion, and including effective date and applicability provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-02-20 - Subcommittee: Schultz, Celsi, and Salmon. [SSB1164 Detail]
Download: Iowa-2023-SSB1164-Introduced.html
Senate
Study
Bill
1164
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
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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1336XC
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90
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S.F.
_____
Section
1.
Section
331.301,
subsection
1,
Code
2023,
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
2023,
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
35
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_____
as
set
forth
in
Sherbert
v.
Verner,
374
U.S.
398
(1963)
and
1
Wisconsin
v.
Yoder,
406
U.S.
205
(1972),
and
to
guarantee
its
2
application
in
all
cases
where
the
free
exercise
of
religion
is
3
substantially
burdened
by
state
action.
4
2.
That
this
chapter
be
interpreted
consistent
with
the
5
Religious
Freedom
Restoration
Act
of
1993,
42
U.S.C.
§2000bb
et
6
seq.,
federal
case
law,
and
federal
jurisprudence.
7
3.
To
provide
a
claim
or
defense
to
a
person
whose
exercise
8
of
religion
is
substantially
burdened
by
state
action.
9
Sec.
5.
NEW
SECTION
.
675.3
Definitions.
10
As
used
in
this
chapter,
unless
the
context
otherwise
11
requires:
12
1.
“Compelling
governmental
interest”
means
a
governmental
13
interest
of
the
highest
order
that
cannot
otherwise
be
achieved
14
without
burdening
the
exercise
of
religion.
15
2.
“Exercise
of
religion”
means
the
practice
or
observance
16
of
religion.
“Exercise
of
religion”
includes
but
is
not
17
limited
to
the
ability
to
act
or
refuse
to
act
in
a
manner
18
substantially
motivated
by
one’s
sincerely
held
religious
19
belief,
whether
or
not
the
exercise
is
compulsory
or
central
to
20
a
larger
system
of
religious
belief.
21
3.
“State
action”
means
the
implementation
or
application
22
of
any
law,
including
but
not
limited
to
state
and
local
laws,
23
ordinances,
rules,
regulations,
and
policies,
whether
statutory
24
or
otherwise,
or
other
action
by
the
state
or
a
political
25
subdivision,
including
a
local
government,
municipality,
26
instrumentality,
or
public
official
authorized
by
law.
27
4.
“Substantially
burden”
means
any
action
that
directly
28
or
indirectly
constrains,
inhibits,
curtails,
or
denies
the
29
exercise
of
religion
by
any
person
or
compels
any
action
30
contrary
to
a
person’s
exercise
of
religion
and
includes
but
31
is
not
limited
to
withholding
of
benefits;
assessment
of
32
criminal,
civil,
or
administrative
penalties;
or
exclusion
from
33
governmental
programs
or
access
to
governmental
facilities.
34
Sec.
6.
NEW
SECTION
.
675.4
Free
exercise
of
religion
35
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protected.
1
1.
Government
shall
not
substantially
burden
a
person’s
2
exercise
of
religion,
even
if
the
burden
results
from
a
rule
3
of
general
applicability,
unless
the
government
demonstrates
4
that
applying
the
burden
to
that
person’s
exercise
of
religion
5
is
in
furtherance
of
a
compelling
governmental
interest
and
6
is
the
least
restrictive
means
of
furthering
that
compelling
7
governmental
interest.
8
2.
Notwithstanding
any
other
provision
of
law,
a
state
9
agency,
political
subdivision,
or
any
elected
or
appointed
10
official
or
employee
of
this
state
shall
not
do
any
of
the
11
following:
12
a.
Treat
religious
conduct
more
restrictively
than
13
comparable
secular
conduct
because
of
alleged
economic
need
or
14
benefit.
15
b.
Treat
religious
conduct
more
restrictively
than
any
16
secular
conduct
of
reasonably
comparable
risk.
17
3.
A
person
whose
exercise
of
religion
has
been
18
substantially
burdened
in
violation
of
this
chapter
may
19
assert
such
violation
as
a
claim
or
defense
in
a
judicial
20
or
administrative
proceeding
and
obtain
appropriate
relief,
21
including
damages,
injunctive
relief,
or
other
appropriate
22
redress.
Standing
to
assert
a
claim
or
defense
under
this
23
chapter
shall
be
governed
by
the
general
rules
of
standing
24
under
state
and
federal
law.
The
plaintiff,
if
the
prevailing
25
party,
may
also
recover
reasonable
attorney
fees
and
costs.
26
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
27
importance,
takes
effect
upon
enactment.
28
Sec.
8.
APPLICABILITY.
This
Act
applies
to
all
state
and
29
local
laws
and
the
implementation
of
state
and
local
laws,
30
whether
statutory
or
otherwise,
and
whether
adopted
before,
on,
31
or
after
the
effective
date
of
this
Act.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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This
bill
prohibits
a
governmental
entity
from
substantially
1
burdening
a
person’s
free
exercise
of
religion.
The
bill
2
prohibits
governmental
entities
from
treating
religious
3
conduct
more
restrictively
than
any
secular
conduct
of
4
reasonably
comparable
risk
or
treating
religious
conduct
more
5
restrictively
than
comparable
secular
conduct
because
of
6
alleged
economic
need
or
benefit.
7
Under
current
law,
a
court
is
not
required
to
apply
8
heightened
scrutiny
when
reviewing
a
law
that
burdens
a
9
person’s
exercise
of
religion
when
such
law
is
generally
10
applicable.
The
bill
provides
that
a
court
shall
apply
the
11
compelling
governmental
interest
test
set
forth
in
Sherbert
12
v.
Verner,
374
U.S.
398
(1963),
and
Wisconsin
v.
Yoder,
406
13
U.S.
205
(1972),
in
such
cases,
so
that
the
government
cannot
14
substantially
burden
a
person’s
exercise
of
religion
unless
15
the
government
demonstrates
that
applying
the
law
of
general
16
applicability
is
in
furtherance
of
a
compelling
governmental
17
interest
and
is
the
least
restrictive
means
of
furthering
that
18
interest.
The
bill
provides
that
a
person
whose
exercise
of
19
religion
has
been
substantially
burdened
by
the
government
may
20
assert
such
violation
as
a
claim
or
defense
in
a
judicial
or
21
administrative
proceeding,
and
provides
that
the
governmental
22
entity
may
be
liable
for
actual
damages,
attorney
fees,
costs,
23
and
other
appropriate
remedies.
The
bill
also
allows
the
24
person
to
obtain
injunctive
relief
against
the
governmental
25
entity.
26
The
bill
prohibits
a
county
or
city
from
enacting
a
private
27
or
civil
law
that
would
burden
a
person’s
free
exercise
of
28
religion
in
violation
of
the
bill.
29
The
bill
takes
effect
upon
enactment
and
applies
to
all
state
30
and
local
laws.
31
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