Bill Summary – FastDemocracy

House File 229 - Introduced
                                  HOUSE FILE 229
                                  BY SHIPLEY
                            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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. NEW SECTION. 675.1 Short title.
    This chapter shall be known and may be cited as the
 “Religious Freedom Restoration Act”.
    Sec. 2. 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 interest test as set forth
 in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v.
 Yoder, 406 U.S. 205 (1972), and to guarantee its application in
 all cases where the free exercise of religion is substantially
 burdened by government action.
    2. That this chapter be interpreted consistent with the
 Religious Freedom Restoration Act of 1993, 42 U.S.C. §2000bb et
 seq., federal case law, and federal jurisprudence.
    3. To provide a claim or defense to a person whose exercise
 of religion is substantially burdened by government action.
    Sec. 3. NEW SECTION. 675.3 Definitions.
    As used in this chapter, unless the context otherwise
 requires:
    1. “Demonstrates” means to meet the burdens of going forward
 with the evidence and of persuasion.
    2. “Exercise of religion” means the practice or observance
 of religion, including any action that is motivated by a
 sincerely held religious belief, whether or not the exercise is
 compelled by, or central to, a system of religious belief.
    3. “Government” includes a branch, department, agency,
 instrumentality, political subdivision, official, or other
 person acting under color of state law.
    4. “State law” includes without limitation a law, ordinance,
 or resolution of the state or a political subdivision of the
 state.
    Sec. 4. NEW SECTION. 675.4 Free exercise of religion
 protected.
    1. Government shall not substantially burden a person’s
 exercise of religion, even if the burden results from a rule
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 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 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. Standing to assert a claim or
 defense under this chapter shall be governed by the general
 rules of standing under state and federal law.
    Sec. 5. NEW SECTION. 675.5 Applicability.
    This chapter applies to all state and 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.
    Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate
 importance, takes effect upon enactment.
                            EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    This bill relates to the standard of judicial review when a
 state action burdens a person’s exercise of religion.
    Under current law, a court is not required to apply
 heightened scrutiny when reviewing a law that burdens a
 person’s exercise of religion when such law is generally
 applicable. The bill provides that a court shall apply the
 compelling interest test set forth in Sherbert v. Verner, 374
 U.S. 398 (1963), and Wisconsin v. Yoder, 406 U.S. 205 (1972),
 in such cases, so that government action cannot substantially
 burden a person’s exercise of religion unless the government
 demonstrates that applying the law of general applicability is
 in furtherance of a compelling governmental interest and is
 the least restrictive means of furthering that interest. The
 bill provides that a person whose exercise of religion has been
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burdened by government action may assert such violation as a
claim or defense in a judicial or administrative proceeding.
  The bill takes effect upon enactment.
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