Bill Text: IA SSB3171 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the standard of judicial review and providing a claim or defense when a state action burdens a person’s exercise of religion, and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-12 - Subcommittee recommends passage. [SSB3171 Detail]
Download: Iowa-2017-SSB3171-Introduced.html
Senate
Study
Bill
3171
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
GARRETT)
A
BILL
FOR
An
Act
relating
to
the
standard
of
judicial
review
and
1
providing
a
claim
or
defense
when
a
state
action
burdens
a
2
person’s
exercise
of
religion,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
675.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
2
“Religious
Freedom
Restoration
Act”
.
3
Sec.
2.
NEW
SECTION
.
675.2
Legislative
purpose
and
intent.
4
The
purpose
and
intent
of
this
chapter
is
all
of
the
5
following:
6
1.
To
restore
the
compelling
interest
test
as
set
forth
7
in
Sherbert
v.
Verner,
374
U.S.
398
(1963)
and
Wisconsin
v.
8
Yoder,
406
U.S.
205
(1972),
and
to
guarantee
its
application
in
9
all
cases
where
the
free
exercise
of
religion
is
substantially
10
burdened
by
state
action.
11
2.
That
this
chapter
be
interpreted
consistent
with
the
12
Religious
Freedom
Restoration
Act
of
1993,
42
U.S.C.
§2000bb
et
13
seq.,
federal
case
law,
and
federal
jurisprudence.
14
3.
To
provide
a
claim
or
defense
to
a
person
whose
exercise
15
of
religion
is
substantially
burdened
by
state
action.
16
Sec.
3.
NEW
SECTION
.
675.3
Definitions.
17
As
used
in
this
chapter,
unless
the
context
otherwise
18
requires:
19
1.
“Demonstrates”
means
meets
the
burdens
of
going
forward
20
with
the
evidence
and
of
persuasion.
21
2.
“Exercise
of
religion”
means
the
practice
or
observance
22
of
religion,
including
any
action
that
is
motivated
by
a
23
sincerely
held
religious
belief,
whether
or
not
the
exercise
is
24
compelled
by,
or
central
to,
a
system
of
religious
belief.
25
3.
“Government”
includes
a
branch,
department,
agency,
26
instrumentality,
political
subdivision,
official,
or
other
27
person
acting
under
color
of
law
of
the
state.
28
4.
“State
law”
includes
without
limitation
a
law,
ordinance,
29
or
resolution
of
a
political
subdivision.
30
Sec.
4.
NEW
SECTION
.
675.4
Free
exercise
of
religion
31
protected.
32
1.
Government
shall
not
substantially
burden
a
person’s
33
exercise
of
religion,
even
if
the
burden
results
from
a
rule
34
of
general
applicability,
unless
it
is
demonstrated
that
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applying
the
burden
to
that
person’s
exercise
of
religion
is
1
in
furtherance
of
a
compelling
governmental
interest
and
is
2
the
least
restrictive
means
of
furthering
that
compelling
3
governmental
interest.
4
2.
A
person
whose
exercise
of
religion
has
been
burdened
5
in
violation
of
this
chapter
may
assert
such
violation
as
a
6
claim
or
defense
in
a
judicial
or
administrative
proceeding
7
and
obtain
appropriate
relief.
Standing
to
assert
a
claim
or
8
defense
under
this
chapter
shall
be
governed
by
the
general
9
rules
of
standing
under
state
and
federal
law.
10
Sec.
5.
NEW
SECTION
.
675.5
Applicability.
11
This
chapter
applies
to
all
state
and
local
laws
and
the
12
implementation
of
state
and
local
laws,
whether
statutory
13
or
otherwise,
and
whether
adopted
before,
on,
or
after
the
14
effective
date
of
this
Act.
15
Sec.
6.
NEW
SECTION
.
675.6
Exemptions.
16
This
chapter
does
not
apply
to
the
department
of
17
corrections,
a
district
department
of
correctional
services,
a
18
county
jail,
or
any
other
detention
facility.
19
Sec.
7.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
20
immediate
importance,
takes
effect
upon
enactment.
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
relates
to
the
standard
of
judicial
review
when
a
25
state
action
burdens
a
person’s
exercise
of
religion.
26
Under
current
law,
a
court
is
not
required
to
apply
27
heightened
scrutiny
when
reviewing
a
law
that
burdens
a
28
person’s
exercise
of
religion
when
such
law
is
generally
29
applicable.
The
bill
provides
that
a
court
shall
apply
30
heightened
scrutiny
in
such
cases,
so
that
state
action
cannot
31
substantially
burden
a
person’s
exercise
of
religion
unless
it
32
is
demonstrated
that
applying
the
law
of
general
applicability
33
is
in
furtherance
of
a
compelling
governmental
interest
and
is
34
the
least
restrictive
means
of
furthering
that
interest.
The
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bill
provides
that
a
person
whose
exercise
of
religion
has
been
1
burdened
by
state
action
may
assert
such
violation
as
a
claim
2
or
defense
in
a
judicial
or
administrative
proceeding.
3
The
bill
does
not
apply
to
the
department
of
corrections,
a
4
district
department
of
correctional
services,
a
county
jail,
or
5
other
detention
facility.
6
The
bill
takes
effect
upon
enactment.
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