Bill Text: IA SF2095 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to the exercise of religion, and including effective date and applicability provisions. Effective date: 04/02/2024.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-04-02 - Signed by Governor. S.J. 743. [SF2095 Detail]
Download: Iowa-2023-SF2095-Enrolled.html
Senate
File
2095
-
Enrolled
Senate
File
2095
AN
ACT
RELATING
TO
THE
EXERCISE
OF
RELIGION,
AND
INCLUDING
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
331.301,
subsection
1,
Code
2024,
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
Senate
File
2095,
p.
2
civil
relationships,
except
as
incident
to
an
exercise
of
an
independent
county
power
,
or
to
enact
private
or
civil
law
which
violates
section
675.4
.
Sec.
2.
Section
364.1,
Code
2024,
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
675.4
.
Sec.
3.
NEW
SECTION
.
675.1
Short
title.
This
chapter
shall
be
known
and
may
be
cited
as
the
“Religious
Freedom
Restoration
Act”
.
Sec.
4.
NEW
SECTION
.
675.2
Legislative
purpose
and
intent.
The
purpose
and
intent
of
this
chapter
is
all
of
the
following:
1.
To
restore
the
compelling
governmental
interest
test
and
to
guarantee
its
application
in
all
cases
where
the
free
exercise
of
religion
is
substantially
burdened
by
state
action.
2.
To
provide
a
claim
or
defense
to
a
person
whose
exercise
of
religion
is
substantially
burdened
by
state
action.
Sec.
5.
NEW
SECTION
.
675.3
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Compelling
governmental
interest”
means
a
governmental
interest
of
the
highest
order
that
cannot
otherwise
be
achieved
without
burdening
the
exercise
of
religion.
2.
“Exercise
of
religion”
means
the
practice
or
observance
of
religion.
“Exercise
of
religion”
includes
but
is
not
limited
to
the
ability
to
act
or
refuse
to
act
in
a
manner
substantially
motivated
by
one’s
sincerely
held
religious
Senate
File
2095,
p.
3
belief,
whether
or
not
the
exercise
is
compulsory
or
central
to
a
larger
system
of
religious
belief.
3.
“Person”
means
any
individual,
association,
partnership,
corporation,
church,
religious
institution,
estate,
trust,
foundation,
or
other
legal
entity.
4.
“State
action”
means
the
implementation
or
application
of
any
law,
including
but
not
limited
to
state
and
local
laws,
ordinances,
rules,
regulations,
and
policies,
whether
statutory
or
otherwise,
or
other
action
by
the
state
or
a
political
subdivision,
including
a
local
government,
municipality,
instrumentality,
or
public
official
authorized
by
law.
5.
“Substantially
burden”
means
any
action
that
directly
or
indirectly
constrains,
inhibits,
curtails,
or
denies
the
exercise
of
religion
by
any
person
or
compels
any
action
contrary
to
a
person’s
exercise
of
religion
and
includes
but
is
not
limited
to
withholding
of
benefits;
assessment
of
criminal,
civil,
or
administrative
penalties;
or
exclusion
from
governmental
programs
or
access
to
governmental
facilities.
Sec.
6.
NEW
SECTION
.
675.4
Free
exercise
of
religion
protected.
1.
State
action
shall
not
substantially
burden
a
person’s
exercise
of
religion,
even
if
the
burden
results
from
a
rule
of
general
applicability,
unless
the
government
demonstrates
that
applying
the
burden
to
that
person’s
exercise
of
religion
is
in
furtherance
of
a
compelling
governmental
interest
and
is
the
least
restrictive
means
of
furthering
that
compelling
governmental
interest.
2.
A
person
whose
exercise
of
religion
has
been
substantially
burdened
in
violation
of
this
chapter
may
assert
such
violation
as
a
claim
or
defense
in
a
judicial
or
administrative
proceeding
and
obtain
appropriate
relief,
including
damages,
injunctive
relief,
or
other
appropriate
redress.
Standing
to
assert
a
claim
or
defense
under
this
chapter
shall
be
governed
by
the
general
rules
of
standing
under
state
and
federal
law.
The
plaintiff,
if
the
prevailing
party,
may
also
recover
reasonable
attorney
fees
and
costs.
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
8.
APPLICABILITY.
This
Act
applies
to
all
state
and
Senate
File
2095,
p.
4
local
laws
and
the
implementation
of
state
and
local
laws,
whether
statutory
or
otherwise,
and
whether
adopted
before,
on,
or
after
the
effective
date
of
this
Act.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2095,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
