Text of IA SF 2154 (2018)

Senate File 2154 - Introduced SENATE FILE BY GUTH, SCHULTZ, ROZENBOOM, CARLIN, CHAPMAN, COSTELLO, SEGEBART, CHELGREN, GARRETT, EDLER, BERTRAND, KRAAYENBRINK, C. JOHNSON, BEHN, LOFGREN, GREENE, FEENSTRA, SHIPLEY, and BROWN A BILL FOR 1 An Act relating to the standard of judicial review and 2 providing a claim or defense when a state action burdens a 3 person's exercise of religion, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5887XS (3) 87 asf/jh PAG LIN 1 1 Section 1. NEW SECTION. 675.1 Short title. 1 2 This chapter shall be known and may be cited as the 1 3 "Religious Freedom Restoration Act". 1 4 Sec. 2. NEW SECTION. 675.2 Legislative purpose and intent. 1 5 The purpose and intent of this chapter is all of the 1 6 following: 1 7 1. To restore the compelling interest test as set forth 1 8 in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. 1 9 Yoder, 406 U.S. 205 (1972), and to guarantee its application in 1 10 all cases where the free exercise of religion is substantially 1 11 burdened by state action. 1 12 2. That this chapter be interpreted consistent with the 1 13 Religious Freedom Restoration Act of 1993, 42 U.S.C. {2000bb et 1 14 seq., federal case law, and federal jurisprudence. 1 15 3. To provide a claim or defense to a person whose exercise 1 16 of religion is substantially burdened by state action. 1 17 Sec. 3. NEW SECTION. 675.3 Definitions. 1 18 As used in this chapter, unless the context otherwise 1 19 requires: 1 20 1. "Demonstrates" means meets the burdens of going forward 1 21 with the evidence and of persuasion. 1 22 2. "Exercise of religion" means the practice or observance 1 23 of religion, including any action that is motivated by a 1 24 sincerely held religious belief, whether or not the exercise is 1 25 compelled by, or central to, a system of religious belief. 1 26 3. "Government" includes a branch, department, agency, 1 27 instrumentality, political subdivision, official, or other 1 28 person acting under color of law of the state. 1 29 4. "State law" includes without limitation a law, ordinance, 1 30 or resolution of a political subdivision. 1 31 Sec. 4. NEW SECTION. 675.4 Free exercise of religion 1 32 protected. 1 33 1. Government shall not substantially burden a person's 1 34 exercise of religion, even if the burden results from a rule 1 35 of general applicability, unless it is demonstrated that 2 1 applying the burden to that person's exercise of religion is 2 2 in furtherance of a compelling governmental interest and is 2 3 the least restrictive means of furthering that compelling 2 4 governmental interest. 2 5 2. A person whose exercise of religion has been burdened 2 6 in violation of this chapter may assert such violation as a 2 7 claim or defense in a judicial or administrative proceeding 2 8 and obtain appropriate relief. Standing to assert a claim or 2 9 defense under this chapter shall be governed by the general 2 10 rules of standing under state and federal law. 2 11 Sec. 5. NEW SECTION. 675.5 Applicability. 2 12 This chapter applies to all state and local laws and the 2 13 implementation of state and local laws, whether statutory 2 14 or otherwise, and whether adopted before, on, or after the 2 15 effective date of this Act. 2 16 Sec. 6. NEW SECTION. 675.6 Exemptions. 2 17 This chapter does not apply to the department of 2 18 corrections, a district department of correctional services, a 2 19 county jail, or any other detention facility. 2 20 Sec. 7. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 21 immediate importance, takes effect upon enactment. 2 22 EXPLANATION 2 23 The inclusion of this explanation does not constitute agreement with 2 24 the explanation's substance by the members of the general assembly. 2 25 This bill relates to the standard of judicial review when a 2 26 state action burdens a person's exercise of religion. 2 27 Under current law, a court is not required to apply 2 28 heightened scrutiny when reviewing a law that burdens a 2 29 person's exercise of religion when such law is generally 2 30 applicable. The bill provides that a court shall apply 2 31 heightened scrutiny in such cases, so that state action cannot 2 32 substantially burden a person's exercise of religion unless it 2 33 is demonstrated that applying the law of general applicability 2 34 is in furtherance of a compelling governmental interest and is 2 35 the least restrictive means of furthering that interest. The 3 1 bill provides that a person whose exercise of religion has been 3 2 burdened by state action may assert such violation as a claim 3 3 or defense in a judicial or administrative proceeding. 3 4 The bill does not apply to the department of corrections, a 3 5 district department of correctional services, a county jail, or 3 6 other detention facility. 3 7 The bill takes effect upon enactment. LSB 5887XS (3) 87 asf/jh